In what's become a proxy for debate over mass torts, U.S. senators are clashing again over the nomination of Motley Rice partner John McConnell Jr. for a seat on the federal bench.
McConnell won an 11-7 vote today by the Senate Judiciary Committee, largely along party lines, and his nomination for U.S. District Court for the District of Rhode Island now heads to the Senate floor. But he faces strong opposition from most Republicans because of his past involvement in state politics and in litigation against the lead-paint and tobacco industries.
President Barack Obama first nominated McConnell in March 2010, and since then his nomination has pinballed between the Judiciary Committee and the Senate floor.
During today’s committee meeting, Sen. Chuck Grassley (R-Iowa) took aim at McConnell and his wife for making political donations in states where Motley Rice was soliciting litigation, and he criticized Motley Rice for frequently teaming up with state attorneys general.
“I am not suggesting illegal or unethical behavior, but it is a bit unseemly,” Grassley said in his prepared remarks. “He and his firm, Motley Rice, have often brought these controversial mass tort litigations cases while representing state attorneys general on no-bid contingency fee contracts.”
Grassley also mentioned a dispute between Motley Rice and Jones Day, in which Jones Day sued the plaintiffs’ firm over a document it said was stolen from its client Sherwin-Williams Co. in lead-paint litigation. (Click here for a 2009 story on the dispute from The National Law Journal.) And Grassley criticized Motley Rice for a controversy in which E.I Dupont De Nemours and Co. paid $12 million to resolve lead-paint litigation, and $2.5 million of it went to a hospital with close ties to Motley Rice. (Click here for a 2006 story from The Providence Journal.)
Sen. Sheldon Whitehouse (D-R.I.), a former state attorney general, said the criticisms of McConnell are unfounded and he cited support from local Republicans, including Senior Judge Bruce Selya, a Reagan appointee to the U.S. Court of Appeals for the 1st Circuit. “[McConnell] may not be the favorite of the U.S. Chamber of Commerce, but he’s doing just fine in Rhode Island,” Whitehouse said.
The lone Republican to support McConnell in committee has been Sen. Lindsey Graham (R-S.C.), whose state is home to Motley Rice’s main office. Also today, the committee delayed for at least one week a vote on Goodwin Liu, a nominee for the 9th Circuit who has drawn heavy Republican opposition.
Emmitt,
I believe we had a go round before w/Goodwin Liu...
Just curious, when far right judges were nominated by President Bush, incl. Janice Rogers Brown, William Pryor, Priscilla Owen, Leslie Southwick, were you as concerned...Or is it ok when judges are extremely far right...
Mr. Liu, and you will disagree with this, is not an idealogue...The proof is there...Would prominent legal conservatives like Richard Painter, Clint Bolick, and Ken Star support a left wing idealogue for a high level court position...
Emmitt, just because the National Review and Washington Times say Goodwin Liu is not fit for the 9th. Circuit does not mean it is true...I'm sure the NYT editorial board was not fond of Brown, Pryor, Southwick, and Owen...That didn't prevent them from getting confirmed....
Posted by: Rick | April 02, 2011 at 02:09 PM
I express no opinion on McConnell or Chen, but Goodwin Liu should absolutely NOT be confirmed. He is inexperienced, unqualified, espouses radical positions (which he purports to disclaim when convenient for him), and, worst of all, utterly lacks integrity. The Republicans must pull out ALL the stops to block his nomination.
Posted by: Emmitt | April 02, 2011 at 03:09 AM
Jack McConnell is a man of integrity who took the fight to the end at great sacrifice, losing a fortune. Who was willing to pay him to try to right a wrong done to the poor? Not a smoker or a lead poisoned child could afford to. He won tobacco after taking a hell of a a chance - without illegal "inside information." Great person.
Posted by: Mark | March 31, 2011 at 09:17 PM
THOMAS JEFFERSON democracy at its best. Huh, guys and gals. Why all the fuss? We all (DEMS and GOP) know that political leanings end once they put on those magical black robes. Yaa right.
Posted by: THE KAT | March 31, 2011 at 09:00 PM
These (R) senators are nothing more than partisan hacks. It must be galling that they sit in judgment of the nominees, who are so much more educated, intelligent and qualified to exercise independent judgment. It reminds me of the way Elizabeth Warren was treated on the Hill.
Posted by: Larry Harris | March 31, 2011 at 07:37 PM
The federal bench is understaffed, and this nomination should have been swiftly approved by the Senate months ago, so that the District Court in Rhode Island could keep up with its workload. Nothing in this article indicates any reason why Mr. McConnell might not be fit to serve. It's just another example of how the Senate just cannot get its work done by getting measures to the floor for up or down votes.
Posted by: Roger A. McKee | March 31, 2011 at 05:41 PM
This is nothing but more GOP obstrructionism....John McConnell has donated to democrats, well so what....So no republican judicial nominee has never donated to republican causes - please...Let's look at the candiates and organizations Clarence Thomas and his wife donate to - probably not one democrat...
John McConnell, along with Goodwin Liu, Edward Chen, etc. should be confirmed...Enough of the charades...
Posted by: Rick | March 31, 2011 at 02:28 PM