Nomination and confirmation
On November 13,2018,Trump announced that he would nominate Rao to the vacancy on the U.S. Court of Appeals for the D.C. Circuit created by Judge Brett Kavanaugh's elevation to the Supreme Court of the United States. [14] Her nomination was sent to the Senate later that day. [15] On January 3,2019,her nomination was returned to the president under Rule XXXI,Paragraph 6,of the United States Senate. On January 23,2019,Trump announced his intent to renominate Rao for a federal judgeship. [16] Her nomination was sent to the Senate later that day. [17]
Rao's nomination attracted opposition due to articles that she wrote on race,sexual assault,feminism,and individuals with disabilities. [18]
In a 1994 article in the Yale Herald,Rao wrote:"Unless someone made her drinks undetectably strong or forced them down her throat,a woman,like a man,decides when and how much to drink. And if she drinks to the point where she can no longer choose,well,getting to that point was part of her choice." [19]
Rao was criticized by disability rights activists such as Rebecca Cokley for a 2011 law review article [20] and a blog post where then-Law Professor Rao expressed opposition to bans on dwarf-tossing. [21]
A hearing on her nomination before the Senate Judiciary Committee was held on February 5,2019. Rao was asked by several Senators about her college writings,some of which they viewed as sexual assault victim blaming. Rao responded,"A victim of a horrible crime is not to blame and the person who commits those crimes should be held responsible." [22]
Democrats expressed concern that rules Rao worked to repeal in her role as administrator of the White House Office of Information and Regulatory Affairs could face legal challenges and wind up before the D.C. Circuit Court of Appeals,which is considered the second most powerful appeals court. Rao said she would "look carefully at the standards for recusal,consult with her colleagues and follow the precedent and practices of the D.C. Circuit." [22] Republican Senator Josh Hawley questioned whether she was sufficiently socially conservative regarding abortion rights but ultimately voted for her confirmation. [23] On February 28,2019,her nomination was reported out of committee by a 12–10 vote. [24] On March 12,2019,the Senate invoked cloture on her nomination by a 53–46 vote. [25] On March 13,2019,Rao was confirmed by a 53–46 vote. [26] She received her judicial commission on March 18,2019. [27]
