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3A THE DAILY ASTORIAN • TUESDAY, OCTOBER 9, 2018 Kavanaugh impartiality to be Feds propose listing rare tested in blue state lawsuits Oregon among states involved By GEOFF MULVIHILL Associated Press Brett Kavanaugh’s confir- mation to the U.S. Supreme Court has put a spotlight on the dozens of federal cases pitting the Trump administra- tion against Democratic-lean- ing states, on issues includ- ing auto emission standards, immigration and a free-flow- ing internet. He lashed out against “left- wing opposition groups” and others during the recent Senate hearing over a high school-era sexual assault allegation, rais- ing questions about whether he can be impartial deciding cases that revolve around Demo- cratic policies or that directly involve Democratic officials. Kavanaugh already was known as a conservative judge. But his partisan rhetoric created new worries for some who will bring or support cases that eventually could come before the nation’s high- est court. “I have even greater con- cerns about his judicial tem- perament and his ability to independently weigh cases that may involve the Trump admin- istration,” said Oregon Attor- ney General Ellen Rosenblum, a Democrat who has joined more than a dozen lawsuits against the administration. Democratic states are in scores of legal battles with the Trump administration over health care, the environ- ment, consumer protections, immigration and other issues. Marquette University politi- cal scientist Paul Nolette has tallied 61 times that states have banded together in law- suits against the Trump administration. Trump’s Department of Justice also has initiated legal action against blue states. AP Photo/Don Ryan Oregon Attorney Gener- al Ellen Rosenblum has joined more than a dozen lawsuits against the Trump administration. Most recently, the department sued California just hours after Gov. Jerry Brown signed a law requiring internet neutral- ity that runs counter to actions taken by the administration. Questions about Kavana- ugh’s ability to remain impar- tial and give a fair hearing to such cases escalated after his defiant statement in Septem- ber to the Senate Judiciary Committee. He railed against the sexual assault accusations as being orchestrated by Democrats, saying: “This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and mil- lions of dollars in money from outside left-wing opposition groups.” Kavanaugh, who denied the assault allegation, also said that “in the United States polit- ical system of the early 2000s, what goes around comes around” — a statement some observers took to be a threat. But Kavanaugh also said he would not be “swayed by pub- lic or political pressure.” Since then, he wrote in a Wall Street Journal op-ed that “an independent and impartial judiciary is essential” and that he will “keep an open mind in every case.” Lawsuits between the states and the Trump administration could test that. Pat Gallagher, director of the legal program at the Sierra Club, said he expects Kava- naugh would oppose environ- mental regulation regardless of who calls for it — as he has often done as an appeals court judge. With his confirmation, Gallagher said, “we’re going to have to find ways to keep cases away from the Supreme Court.” Despite questions about Kavanaugh’s objectivity, many of the lawsuits involving blue states do not align neatly with partisan ideology. The core question is who has the power to regulate in that area — the federal government or the states? California’s newly signed internet neutrality law is a prime example. It prohib- its internet service providers from favoring specific web- sites or online content by cut- ting access or charging more for some than others. The state adopted the law last month in response to a Federal Com- munications Commission pol- icy change earlier this year that ended a similar federal requirement. “The California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy,” U.S. Attorney General Jeff Sessions said in a statement announcing a lawsuit against the state. California has sued — and been sued — multiple times since Trump took office. Its attorney general, Demo- crat Xavier Becerra, declined to comment, as did sev- eral other attorneys general involved in lawsuits against the administration. Similar questions over state vs. federal authority are in play in the Trump administration challenge of a law that set up California as a sanctuary state unwilling to cooperate with Humboldt marten as threatened federal authorities in certain immigration matters. Thomas Saenz, president of MALDEF, a Latino civil rights organization, said Kavana- ugh’s hearing reinforced what he believed after studying the judge’s previous rulings that touched on immigration. “The concern is that par- tisan ideology came first and then judicial philosophy, rather than the other way around,” he said. The group is involved in legal battles over immigrants brought to the country illegally as children. Legal experts said it makes sense for blue states to keep pushing back against the administration, in part because not every case will reach the Supreme Court. Lawsuits can delay federal policies or force compromise. Both happened with the Trump administration’s ban on travel to the U.S. from a group of Muslim-majority countries. After lower courts knocked it back and forced delays, the administration modified the policy. A ban is now in effect and has been upheld by the Supreme Court, but it’s not as tough as Trump’s first version. Some advocates have sug- gested that Kavanaugh should step aside on cases involving the administration and those he criticized during his confirma- tion hearing. Doing so is rare, though. “Justices don’t recuse themselves simply because they’ve taken ideological or partisan positions in the past that might favor one side or the other,” said Anthony John- stone, a University of Montana law professor and former state solicitor. “Part of what presi- dents get with their Supreme Court nominations is their views.” By JES BURNS Oregon Public Broadcasting Federal wildlife manag- ers are proposing to list the Humboldt marten as threat- ened under the Endangered Species Act. This comes after a long legal battle with conservation groups. Environmental groups sued the U.S. Fish and Wild- life Service a couple of years back after it initially denied the listing. But a judge ordered the Fish and Service to reconsider by this month. Only a few hundred Humboldt martens are left, living in small coastal pock- ets of forest in Northern Cal- ifornia and southern Oregon. The proposed threat- ened status would protect the small mink relative from things like trapping, which is still legal in Oregon. But the proposal explic- itly says it will not curb log- ging practices to protect the animals. “That’s like saying that you’re going to sober up while continuing to drink — it’s just not going to work,” said Earthjustice lawyer Greg Loarie in a statement. Environmental groups say habitat loss is a major factor in the marten’s decline, and the proposal continues to leave them vulnerable. Timber companies in the region have opposed past actions to provide federal protections. A public comment period on the proposed listing will open Tuesday, when the pro- posed rule is officially pub- lished. Recently, Califor- nia protected the marten under that state’s endan- gered species act. Oregon declined to list the marten in mid-September. LEARN BRIDGE IN FOUR EASY LESSONS SATURDAYS 2:00 - 4:00 PM Starting Saturday October 13, 2018 (To be followed by ongoing Mini-Lessons and Supervised Play sessions) Come play in the delightful Mary Blake Playhouse in the Seaside Library grounds; park at the Bob Chisholm Community Center, 1225 Ave A, Seaside GREAT GAME! MAKE FRIENDS HAVE FUN COST: $20. Call - Sue Kroning: (503)738-7817 Cell: (503)739-0264 email:skroning@charter.net to register (or just come along) (REFUNDABLE.) RE-ELECT 2018-19 | 29TH SEASON COLUMBIAFORUM October 16, 2018 • 6 p.m. Who You Going to Trust? In an era of turmoil in both national politics and journalism, citizens from coast to coast doubt what they read and hear in the news. Restoring trust in the media is job one for journalists, but it also requires the support of citizens who prize truth and fairness. Vote November 6 Les Zaitz AS OUR STATE SENATOR, BETSY LEADS WITH INTEGRITY AND INDEPENDENCE. Editor and Publisher of the Malheur Enterprise and Salem Reporter BETSYJOHNSON.COM Editor and publisher of the weekly Malheur Enterprise newspaper, based in Vale, Oregon, Les Zaitz is a two-time Pulitzer finalist and Oregon native. He has won state, regional and national journalism awards for 40 years and is a five-time solo winner of Oregon’s Bruce Baer Award, the state’s top award for investigative reporting. 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