Senator Rob Portman 448 Russell Senate Office Building Washington, DC 20510
July 4, 2018
Senator:
I am a life-long Democrat, who also happens to be your constituent. I know that we disagree on any number of issues in American political life, and I have written critically from time to time about your stands (I write a political ‘blog’.)
We also have occasional issues in agreement, for example, your final vote on the health care bill, you stand on LGBTQ rights, and your concern with opioid addiction. And we have other areas in common; I graduated from Wyoming High School the same year you graduated from Country Day, and I worked for Tom Luken while you were working for Bill Gradison. I have always thought of you as a principled man, one who stands for the values of the United States. You are a “traditional” Republican, one my Republican father would have been proud of; and those acquaintances we have in common speak highly of you.
Senator, our nation is in crisis and I hope you will help us through it. There are two areas of absolute concern that should rise above partisan differences. They both speak to the essence of our Constitutional Republic.
The United States has placed over two thousand children in custody, taking them away from their parents. Regardless of our national disagreement about immigration, we all must agree that those children should be reunited with their parents, either here in the US, or in their home country. And it has to happen now. I am asking you to do all in your power to make this occur, including making sure an actual system is established to process and return those kids. It is a national emergency, one that goes directly to the soul of America.
And now we are building large internment camps for immigrant families. The American answer to this migrant crisis should not be to put them in “camps.” Some of the darkest moments in our history used that solution; we need to find a more humane way to resolve this issue. The data shows that a high percentage of migrants released on bail return for their trial. This is a low cost, humane solution that should be implemented.
The next concern is politically more difficult. We have a nation divided by the election of 2016. Regardless of which candidate you supported, we are now in an era where a large portion of our nation questions the legitimacy of the current President. We have chosen one of our most trusted citizens, Robert Mueller, to determine what occurred in 2016, and it seems that his investigation is drawing near to some conclusions.
At the same time, the Supreme Court is as divided as the rest of the nation. I know it is your duty as a Senator to “advise and consent” to the President’s choice for Justice. But I also know that the President has done nothing to pull the nation together. Even President George W Bush, despite the controversial election in 2000, found a way to be “President of the United States” rather than President of a specific group or view. President Trump has not.
The results of the Mueller investigation will be announced in the next few months, and it is likely the Supreme Court will play a pivotal role in the outcome. This President has consistently made personal loyalty the highest priority in his selection process: clearly he should not be allowed to pick a judge in his own case.
The election of a new Congress will occur in November. I believe that “fairest” solution would be to wait until the new Congress is seated to select a new Justice, using the same rationale that your Majority Leader, Senator McConnell, used with Judge Garland. It allows the American people their opportunity to “rule” on the Administration. I imagine this will not be popular among Senate Republicans, but if the goal is to try to unite America, then party popularity should not be the highest priority.
So, I am asking you to delay the confirmation of a new Justice until the new Congress begins in 2019, and to take steps to improve the immigrant crisis. These actions will be a big step in confirming our national unity as we struggle with our national crisis.
Thanks for your attention, and have a good Independence Day!!!
Sincerely,
Martin Dahlman, Retired Teacher/Coach
Thank you, Marty.
Excellent letter. Thanks very much.
I feel like this is bait for me, which I shall not take. let me just say, a), I deplore that federal judiciary appointments have been reduced to party votes. it used to be, was the individual qualified, regardless of party or ideology? to now hold appointments hostage is just terrible. and my own party has been far more guilty in recent years. deplorable b) that said, you cannot seriously expect the president, in a non-Presidential election, to hold off nominating a Supreme Court Justice, or the Sentate to act on it, for potentially years, especially considering that Mueller has made clear that he has no intention of pursuing criminal charges against the President while he is in office, right?
Finally, Mr. History Teacher, do you have any historical precedent for what you propose, or are you just propping up a straw man?
Aw now, I’ve said too much, I’ve said enough.
DET
While in another time I would have agreed with you – it was McConnell who opened this door and I do believe we should follow his precedent. I don’t believe Mueller will indict Trump – but if Trump is subpoenaed it decides to pardon himself it will be the USSC who decides (and my hope is that regardless of who appointed them the Justices will act like Justices – not partisans – holding my breath). And the applicable precedent in the end may be from 1937 – Court Packing!!!