- The Washington Times - Friday, May 31, 2019

Missouri Sen. Josh Hawley said Friday he’ll oppose any judicial nominee he deems hostile to religious liberty, objecting in particular to one of the president’s picks who is representing a city that’s fighting a Catholic couple in court.

The senator said Michael Bogren, nominated to the court in the Western District of Michigan, used a “scorched-earth strategy” in defending East Lansing against Steve and Bridget Tennes, who sued to gain access to a local farmers market after the city banned them, citing the couple’s policy of refusing to allow their orchard to be rented for same-sex weddings because of their Catholic faith.

Mr. Hawley, Missouri Republican and a member of the Judiciary Committee, said Mr. Bogren equated the couple’s view of marriage to racism.

“Lawyers have a duty to their clients, as I well know,” Mr. Hawley wrote in an op-ed for National Review. “I’ve represented many myself. But a lawyer can give his clients a vigorous defense without stooping to personal attacks and vicious rhetoric.”

The senator’s stance was a marked reversal of positions. Usually it’s been Democrats complaining about Trump judicial nominees’ past work, and Republicans defending them by saying they were doing their duty as lawyers.

One example was Judge Kyle Duncan, who sits on the 5th U.S. Circuit Court of Appeals.

He faced Democratic opposition for representing Hobby Lobby in its litigation against the Obama administration’s contraceptive mandate under the Affordable Care Act. Sen. Elizabeth Warren, Massachusetts Democrat, said he was hostile to women’s rights.

Judge Duncan was confirmed in a 50-47 vote that saw only one lawmaker, Sen. Joe Manchin, West Virginia Democrat, cross party lines.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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