Emails show U.S. District Judge Matthew Kacsmaryk removed his name from a law review article criticizing protections for transgender people and those seeking abortions during his judicial nomination process. via washingtonpost
In a still image from a video, Matthew Kacsmaryk, deputy counsel for the First Liberty Institute, answers questions during his nomination hearing by the U.S. Senate Committee on the Judiciary at the U.S. Capitol in Washington, D.C., on Dec. 13, 2017., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
What Kacsmaryk did not say in the email was that he had already been interviewed for a judgeship by his state’s two senators and was awaiting an interview at the White House., including “books, articles, reports, letters to the editor, editorial pieces, or other published material you have written or edited.”Texas Review of Law and Politics
The circumstances surrounding the article’s authorship raise questions about whether a judicial nominee was seeking to duck scrutiny from a process designed to ensure that judges are prepared to interpret the law without personal bias, said lawyers who worked on judicial nominations in Republican and Democratic administrations — speaking hypothetically and not specifically about Kacsmaryk.
To leave such a publication off the questionnaire, he added, is “unethical” and raises concerns about “the candor and honesty of the nominee.” When Kacsmaryk submitted the article in early 2017, he was deputy general counsel for First Liberty. By early April, he was well on his way to a judicial nomination. He was interviewed by members of the Federal Judicial Evaluation Committee in Dallas on March 3, then flew to D.C. to meet with Republican Sens. Ted Cruz and John Cornyn, both of Texas, on April 3, according to a timeline Kacsmaryk submitted to the Senate Judiciary Committee.
“For reasons I may discuss at a later date, First Liberty attorneys Justin Butterfield and Stephanie Taub will co-author the aforementioned article,” he said, according to an email obtained by The Post.Sasser, the First Liberty spokesman, said he had emails proving that Kacsmaryk was not the actual author but declined to share them with The Post.
Even after Butterfield and Taub were designated the authors, Kacsmaryk remained involved, the emails show, offering additional minor edits. The final version is almost identical to the one submitted under Kacsmaryk’s name.the article was published.
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