Rawlinson clears hurdle in Senate

Benjamin Grove

Friday, June 16, 2000 | 11:07 a.m.

WASHINGTON -- U.S. District Judge Johnnie Rawlinson of Las Vegas is just a few steps away from becoming a federal appeals judge -- just a rung below the U.S. Supreme Court -- but one senator on Thursday said she is now under an intense microscope.

"Based on what I have heard and read so far, I do not have a problem with Judge Rawlinson," Sen. Charles Grassley, R-Iowa, said after a hearing for five federal bench nominees, including candidates from Maine, Florida and two from Illinois. Grassley was the only senator on the Judiciary Committee present for most of the routine hearing.

But Grassley sounded a note of caution about nominees to the 9th U.S. Circuit Court of Appeals, saying he is concerned that the 9th Circuit recently has had "28 or 29" cases reversed by the Supreme Court.

After the hearing Grassley hinted that those concerns could affect a nominee, such as Rawlinson.

"There are overriding things that sometimes cause us to consider things about individuals," Grassley said.

Other conservatives in Congress have voiced similar concerns that the circuit court's cases are being reversed. Some Republicans have sought to break up the 9th Circuit, which they view as too liberal.

The 9th Circuit covers nine Western states including Nevada and is the largest of 13 circuits in the nation.

Rawlinson declined comment after the hearing.

Sen. Harry Reid, D-Nev., in December 1999 recommended Rawlinson for a seat on the federal appeals bench. President Clinton approved Rawlinson in February.

Reid and Sen. Richard Bryan, D-Nev., praised Rawlinson, 47, who sat between Reid and her husband of 24 years, Dwight, during the hearing.

"In addition to being an outstanding judge, she is an outstanding person," Reid said.

Bryan told the committee, "She enjoys the support of the bar, the community and the litigants who have appeared before her."

After testifying Reid said he is optimistic about the full Senate confirming Rawlinson, her final hurdle. Senate Democrats this year have been critical of Republicans, who hold the majority, for not approving more Clinton-nominated judges.

"We just have to break the logjam," Reid said. "We're doing the best we can."

Grassley asked Rawlinson how she would fix a court with a high rate of reversed decisions.

"I would make a commitment to make sure I followed the precedents put down by the Supreme Court and adhere to the principles that have been time honored," Rawlinson told him. She noted the Constitution had "weathered the test of time" and should continue to guide judges.

Grassley also asked her about preferential hiring based on race or gender.

Rawlinson said she is committed to closely following the Supreme Court, which had "spoken definitively" on that topic and that there must be compelling state interest to justify preferential hiring programs.

Rawlinson, who would be the only black on the 9th Circuit bench, has a been a U.S. District Court judge since 1998. Before that she spent 18 years rising through the ranks of the Clark County district attorney's office.