WASHINGTON — The U.S. Senate on Wednesday took a big step toward filling the appeals court seat left vacant by now-Supreme Court Justice — advancing the nomination of Colorado jurist Allison Eid by a 56-42 tally.
Support for Eid was split along party lines, with just four Democrats joining the Republican majority to overcome a procedural hurdle that stood between Eid and her confirmation as the newest judge on the 10th U.S. Circuit Court of Appeals, based in Denver.
Colorado’s delegation — Republican Cory Gardner and Democrat Michael Bennet — voted yes.
Gardner, who knows Eid from his , described Eid as “fiercely independent” in a floor speech after the vote.
“She will decide cases as she believes the law requires. At the same time, she seeks out different viewpoints and wants to understand all sides of the issue that she addresses,” he said.
Bennet spokeswoman Samantha Slater said that while the Democratic lawmaker did not agree with Eid’s “conservative judicial philosophy,” he believed that “her time on the Colorado Supreme Court, as well as her other experiences, make her qualified for this position.”
The Senate could hold a final vote on the Colorado Supreme Court justice’s confirmation as early as Thursday, and there’s little doubt she’ll make it through — capping a relatively short nomination process that with her selection by President Donald Trump.
Much of the Democratic resistance stems from Eid’s conservative jurisprudence. In a recent committee hearing, for example, she was questioned over her deference to authorities in a civil-liberties dispute .
Other include her support for school vouchers, skepticism of eminent domain and the opinion that Colorado employees still can be fired for marijuana use because the drug remains illegal on a federal level.
Notably, Eid also was one of on a list of preferred Supreme Court candidates that Trump circulated during the 2016 election. She once clerked for U.S. Supreme Court Justice Clarence Thomas.
If Eid gets the nod, as expected, Democratic Gov. John Hickenlooper will get his to the seven-member Colorado Supreme Court.