Gov. Ron DeSantis Says “Leftist Judge” Appointed Because Republican Senators Did Not Show Up

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Florida Gov. Ron DeSantis said on Tuesday the appointment of a “leftist” federal magistrate judge resulted because Republican senators did not show up.

“By a vote of 49-45, the #Senate confirmed the nomination of Embry J. Kidd to be United States Circuit Judge for the Eleventh Circuit. Senator Manchin voted no. Braun, Daines, Fetterman, Hagerty, Rubio, and Vance did not vote,” Senate Press Gallery wrote.

“This nominee has written that laws against child rape are racist. He hid 2 previous decisions where he gave lenient sentences to child predators from the Senate. Now he has a lifetime judgeship– instead of a Trump nominee – because Republicans didn’t bother to show up,” Matt Whitlock commented.

“This leftist judge would have been voted down and the seat on the important 11th circuit would have been filled by Donald Trump next year had Republicans showed up,” DeSantis said.

“Now, the leftist judge will have a lifetime appointment and the people of FL, AL and GA will suffer the consequences,” he added.

Bloomberg Law reports:

The Democratic-led chamber voted 49-45 to send Embry Kidd to the US Court of Appeals for the Eleventh Circuit.

The US magistrate judge in Orlando, Florida, and former federal prosecutor replaces Clinton appointee Charles Wilson in Tampa. The circuit covers Florida, Alabama, and Georgia.

Senate Majority Leader Chuck Schumer (D-N.Y.) said in floor remarks that Kidd was “exceptionally qualified,” and noted that the chamber would continue to prioritize moving judicial nominees quickly through the end of the year.

“We’ll keep going,” Schumer said of efforts during the post-election lame duck session.

After Kidd’s confirmation, Republicans forced a series of procedural votes over several hours on Schumer’s plans to bring more nominees to the floor in a tactic to slow action on judges.

President-elect Donald Trump has called on Republicans to not allow Democrats to “ram through” more judicial confirmations during the lame duck. Democrats relinquish their 51-49 majority on Jan. 3, and Trump takes office Jan. 20.

“The U.S. Senate has *CONFIRMED* Embry J. Kidd, a Florida magistrate judge, to a seat on a federal appeals court. It is the first Biden-picked appellate judge confirmed since Trump’s election. He was confirmed by a vote of 49-45. But failing to block the nomination were SIX senators: Braun (R-IN), Daines (R-MT), Fetterman (D-PA) Hagerty (R-TN), Rubio (R-FL), and Vance (R-OH). Manchin (I-WV) voted NO,” Kyle Becker wrote.

“Kidd’s nomination was staunchly opposed in his Senate Judiciary Committee hearings by an 11–10 vote. Sen. @MarshaBlackburn (R-TN) grilled Embry over U.S. v. Rodriguez Sanchez, the case of an illegal alien who was previously deported by ICE. Rodriguez Sanchez had a criminal history of resisting an officer’s arrest with violence and two incidents of domestic abuse. The judge in the case, Roy B. Dalton, freed Rodriguez Sanchez until trial while citing the Bail Reform Act. Blackburn questioned Judge Kidd for agreeing with this ruling, while making the case the subject was not a ‘flight risk’ despite an ICE detainer,” Becker noted.

“Even more controversially, Bell was acknowledged in a legal analysis of death penalty sentencing for child-rap* cases. Senator @BasedMikeLee (R-UT) had raised the issue in the Senate Judiciary Committee hearings. The article by his Northwestern classmate, Monica C. Bell, criticizes states for a ‘racialized’ application of child rap* laws. Kidd vaguely said he disagreed with the paper’s views. Blackburn peppered Kidd with questions regardless, asking him at one point if he saw ‘s*x offenders as criminals or victims.’ Kidd was evasive and did not agree with the senator’s argument s*x offenders deserve ‘harsher’ sentences than are meted out today,” he added.

“Embry Kidd helped shape a law review article that argued ‘child rape statutes, though not laden with the exact same racial baggage as more general rape statutes, are still racialized.’ Senate Democrats are trying to confirm him to the Eleventh Circuit today. He must be rejected,” Judicial Network President Carrie Severino said.

From the Washington Examiner:

A judge in Florida tapped by President Joe Biden for a top federal court spot failed to disclose at least two child sex-related cases that saw his lenient rulings reversed — until now.

Embry Kidd, a judge in the U.S. District Court for the Middle District of Florida, is under fire from Republicans over his prior omission of the two cases on his nominee questionnaire, which was quietly updated this week to address the matter. Biden nominated Kidd in May to fill a vacancy on the 11th Circuit Court of Appeals, which oversees courts in Alabama, Florida, and Georgia.

“Not only is this becoming a pattern, the content of these belatedly-disclosed cases is concerning,” Sen. Lindsey Graham (R-SC), the Senate Judiciary Committee’s ranking member, told the Washington Examiner. “With all due respect, these cases should have been disclosed. It is hard to provide advice and consent on a judicial nominee when the nominee doesn’t disclose highly relevant cases.”

Meanwhile, Sen. Rick Scott (R-FL), who is also concerned about the unearthed disclosure, told the Washington Examiner he did not “consent” to Kidd’s nomination as Florida’s junior senator.

“President Biden continues to nominate judges who are totally unfit for the federal bench in his continued efforts to weaponize our judiciary,” Scott said. “The Biden administration’s decision to advise nominees like Judge Kidd to not disclose bad rulings regarding child sex predators, some of which were later rightfully reversed by the supervising district judge, is disgusting, dangerous, and right on brand for this lawless administration.”



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