Appeals court nominee queried
By Susan Roth
Gannett News Service
WASHINGTON — Members of the Senate Judiciary Committee appeared favorably inclined toward Honolulu attorney Richard Clifton after a hearing yesterday on his nomination to the 9th U.S. Circuit Court of Appeals.
The hearing came 11 months after Clifton, 51, was nominated by President Bush. Hawai'i Sens. Dan Inouye and Daniel Akaka blocked progress on the nomination until February, saying they were upset that the White House did not consult them during the selection process.
Clifton is counsel for the Hawai'i Republican Party and a partner at Cades Schutte Fleming & Wright.
For Clifton to get the judgeship, both Democratic senators had to approve his nomination. A majority of the Judiciary Committee must then approve it and, finally, the entire Senate votes. The committee has not set a vote on the appointment, but its approval is expected in the coming weeks and a full Senate nod soon afterward.
Following Senate custom, Akaka and Inouye introduced Clifton to the Judiciary Committee.
"In 1995, I introduced legislation to require a representative from each state on each circuit," Akaka said.
His bill, which later became law, was aimed at making sure Hawai'i had representation on the 9th Circuit, but the circuit has not included any judges from Hawai'i since 1984.
"I have waited many years for this opportunity," Akaka said.
Akaka indicated that the White House presented Clifton's nomination to him as a done deal, but he praised Clifton's "distinguished legal career" and "extensive experience, especially in civil litigation. I believe he will be an asset to the 9th Circuit and I offer my full support for this nomination."
Inouye, who arrived at the hearing after the panel questioned Clifton, spoke more briefly but also said, "I'm certain he will serve this court with great distinction and I recommend his approval."
Rep. Christopher Cox, R-Calif., a longtime friend of Clifton's, also introduced him, calling Clifton "an outstanding lawyer and legal scholar, a dedicated Chicago Cubs fan and also a dedicated husband and father."
Clifton's wife, Terry, and children, David, 12, and Katherine, 9, accompanied him to the hearing.
Sen. Maria Cantwell, D-Wash., who chaired the hearing, asked Clifton about his commitment to legal precedent, given the fact that he has no judicial record for senators to study.
Clifton replied that he would be "bound by and committed to comply with all previous decisions" of the Supreme Court and the 9th Circuit.
Cantwell also asked him if he believes there is a constitutional right to privacy, which is considered a cornerstone of the Roe v. Wade abortion-rights decision.
The Supreme Court has ruled that there is a constitutional right to privacy, Clifton said, adding that Hawai'i has a separate constitutional right to privacy and "I joined in that opinion."
Sen. Arlen Specter, R-Pa., also asked Clifton how he became a Cubs fan.
"Your answer may determine whether you're approved," joked Chairman Sen. Patrick Leahy, D-Vt. Clifton said his father "inflicted it on me, as I am now with my own son."
A Justice Department official prevented Clifton from speaking with the media after the hearing.
