Portland, Maine — A Maine attorney known for his involvement in several high-profile political cases has advanced in his bid to join the 1st U.S. Circuit Court of Appeals in Boston. Joshua Dunlap, who received his nomination from former President Donald Trump in July, passed an initial review by the Senate Judiciary Committee on Thursday.
Dunlap’s nomination has garnered support from U.S. Senator Susan Collins, R-Maine, who played a role in evaluating his qualifications through an advisory committee. However, uncertainty looms over when the full Senate will vote on Dunlap’s confirmation, as the process has become more protracted amid partisan tensions. Reports indicate that Democrats are increasingly obstructing Trump’s judicial appointments, prompting discussions among Republicans about altering Senate rules to facilitate confirmations.
Meanwhile, 20 advocacy organizations in Maine, including Planned Parenthood of New England and EqualityMaine, have called on Collins to rescind her endorsement of Dunlap. They cite concerns regarding his past work that they argue favors corporations at the expense of consumers, as well as his public stances on sensitive issues such as abortion rights and same-sex marriage.
Lisa Margulies, vice president of public affairs for Planned Parenthood of New England, emphasized the need for impartiality in the judiciary. In a virtual conference, she articulated their belief that Dunlap’s history raises questions about his ability to adhere to this standard. Dunlap did not respond to requests for comments regarding these claims.
Concerns surrounding Dunlap’s records include his 2015 testimony to state lawmakers advocating for parental consent in minors’ abortion cases and a critique he penned in 2012 regarding damage to campaign signs during a gay marriage ballot initiative. Although he did not express his personal views on same-sex marriage in that letter, he criticized the campaign’s supporters for actions he deemed anti-free speech.
In response to queries about his suitability for the appellate court, Dunlap assured lawmakers that his personal beliefs would not influence his judicial decisions. “I would faithfully apply binding precedent, as well as any laws I was required to interpret,” he stated during a committee hearing.
Collins’ office defended Dunlap against the criticism from advocacy groups, asserting that their concerns misrepresent his record. Citing an independent review by the American Bar Association, her staff noted that the committee deemed Dunlap “well qualified” based on his competence, integrity, and temperament. Furthermore, they highlighted his broad bipartisan support among legal circles in Maine.
Gia Drew, executive director of EqualityMaine, voiced her organization’s apprehensions about Dunlap’s potential rulings on LGBTQ+ rights, warning that his track record suggests a likelihood of undermining protections for marginalized communities.
Currently a partner at Pierce Atwood in Portland, Dunlap has built a substantial legal career focused on civil litigation and appeals. His background includes representing clients in significant cases related to campaign finance and a recently passed “right to repair” law, demonstrating his involvement in contentious legal matters in the state.
In a procedural move that reflects ongoing partisan dynamics, the Judiciary Committee approved Dunlap’s nomination along party lines. U.S. Senator Sheldon Whitehouse, D-R.I., criticized the confirmation process, stating that Dunlap’s nomination stemmed from an agreement to delay consideration of President Biden’s judicial nominees as part of a broader negotiating strategy.
Senator Angus King, an Independent who usually aligns with Democrats, has not endorsed Dunlap, raising further questions about his support. A spokesperson for King indicated that he would review the nomination and relevant documents before making a decision as it moves to the Senate floor.
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