Good morning! Here’s how Cascadia’s Members of Congress voted on major issues during the legislative week ending May 5th, 2023.
The House of Representatives was in recess.
In the United States Senate
ANTHONY DEVOS JOHNSTONE, APPEALS COURT JUDGE: The Senate on May 1st confirmed the nomination of Anthony Devos Johnstone to be a judge on the U.S. Ninth Circuit Court of Appeals. Johnstone was a lawyer in New York from 1999 to 2004, then became successively a lawyer in the Montana Attorney General’s Office, the state’s solicitor, and a law professor at the University of Montana. A supporter, Senator Jon Tester, D‑Mont., cited broad, bipartisan support for the nomination from Montana officials, and called Johnstone “an excellent and impartial legal mind.” The vote, on May 1st, was 49 yeas to 45 nays.
 | Voting Nay (2): |
 | Voting Yea (2): |
 | Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
MICHAEL FARBIARZ, U.S. DISTRICT COURT JUDGE: The Senate on May 2nd confirmed the nomination of Michael Farbiarz to be a judge on the U.S. District Court for New Jersey. General counsel for the Port Authority of New York and New Jersey since 2016, Farbiarz was previously a New York City private practice lawyer, federal prosecutor, and fellow at New York University’s law school.
A supporter, Senator Robert Menendez, D‑New Jersey, said of Farbiarz: “Whether serving in the leadership roles that he has had, enforcing our laws as a federal prosecutor, or providing legal counsel to those who serve on the Port Authority commission, his breadth and depth of legal experience prepare him well to continue his service to the Garden State as a fair and effective federal judge.”
The vote, on May 2, was 65 yeas to 34 nays.
| Voting Nay (2): |
| Voting Yea (2): |
| Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
ROBERT KIRSCH, U.S. DISTRICT COURT JUDGE: The Senate on May 2nd confirmed the nomination of Robert Kirsch to be a judge on the U.S. District Court for New Jersey. Kirsch has been a county superior court judge in New Jersey since 2010, and before that was a federal prosecutor for the New Jersey district. A supporter, Sen. Robert Menendez, D‑New Jersey, said: “Throughout his tenure, Judge Kirsch has consistently earned bipartisan support in his long and impressive career in public service.” The vote, on May 2, was 57 yeas to 42 nays.
| Voting Nay (2): |
| Voting Yea (2): |
| Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
ORELIA ELETA MERCHANT, U.S. DISTRICT COURT JUDGE: The Senate on May 3rd confirmed the nomination of Orelia Eleta Merchant to be a judge on the U.S. District Court for the Eastern District of New York.
Merchant was a federal prosecutor in the district from 2002 to 2019, then became New York’s Chief Deputy Attorney General. A supporter, Senator Dick Durbin, D‑Illinois, called Merchant “a seasoned litigator whose expertise will be an asset to the Eastern District of New York.” An opponent, Senator Marsha Blackburn, R‑Tennessee, questioned whether Merchant had an adequate understanding of judicial philosophy. The vote, on May 3rd, was 51 yeas to 48 nays.
| Voting Nay (2): |
| Voting Yea (2): |
| Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
DUTIES ON SOLAR PANEL IMPORTS: The Senate on May 3rd passed a resolution (H.J. Res. 39), sponsored by Representative Bill Posey, R‑Florida, to disapprove of and void a Commerce Department rule that would suspend duties on imports of solar panels that were assembled in Southeast Asia and used components made in China.
A supporter, Senator Sherrod Brown, D‑Ohio, said American solar panel manufacturers “need a level playing field” and not allowing Chinese manufacturers to circumvent duties by assembling panels in nearby countries would protect them from illegally subsidized imports from China.
A resolution opponent, Senator Jacky Rosen, D‑Nevada, said suspending the duties was “a bridge that allows us to do both: keep our domestic solar industry alive while we invest and bolster our domestic manufacturing so that we can be competitive with China.” The vote was 56 yeas to 41 nays.
| Voting Nay (1): Republican Senator Mike Crapo Voting Nay (1): Republican Senator Jim Risch |
| Voting Yea (1): Democratic Senator Ron Wyden Voting Nay (1): Democratic Senator Jeff Merkley |
| Voting Nay (2): |
Cascadia total: 3 yea votes, 3 nay votes
ATTEMPTING TO VOID LESSER PRAIRIE-CHICKEN RULE: The Senate on May 3rd passed a resolution (S.J. Res. 9), sponsored by Senator Roger Marshall, R‑Kansas, to disapprove of and void a U.S. Fish and Wildlife Service rule putting populations of the lesser prairie-chicken on threatened and endangered species lists, with accompanying environmental regulations for chicken habitat.
Marshall said the listing was unnecessary because years of partnerships with Fish and Wildlife have created millions of acres of habitat for the lesser prairie-chicken, and the listing would increase “the regulatory burden on our farmers and ranchers, ultimately, increasing the cost of food.” A resolution opponent, Senator Tom Carper, D‑Delaware, said: “Overturning this listing may well mean the permanent loss of an iconic American species. That would harm our planet.”
The vote, on May 3rd, was 50 yeas to 48 nays.
| Voting Nay (2): |
| Voting Yea (2): |
| Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
WESLEY L. HSU, U.S. DISTRICT COURT JUDGE: The Senate on May 3rd confirmed the nomination of Wesley L. Hsu to be a judge on the U.S. District Court for the Central District of California. Hsu, a federal prosecutor in the district from 2000 to 2017, then became a judge on Los Angeles County’s superior court.
The vote, on May 3, was 53 yeas to 43 nays.
| Voting Nay (2): |
| Voting Yea (2): |
| Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
LASHONDA HUNT, U.S. DISTRICT COURT JUDGE: The Senate on May 4th confirmed the nomination of LaShonda A. Hunt to be a judge on the U.S. District Court for the Northern District of Illinois. A bankruptcy judge in the district since 2017, Hunt was previously a civil law lawyer in the U.S. attorney’s office for the district. A supporter, Senator Dick Durbin, D‑Illinois, cited “her extensive experience, dedication to public service and deep knowledge of the Northern District of Illinois.” The vote, on May 4, was 56 yeas to 41 nays.
| Voting Nay (2): |
| Voting Yea (2): |
| Voting Yea (2): |
Cascadia total: 4 yea votes, 2 nay votes
ADDITIONAL SENATE VOTES: Along with the roll call votes this week, the Senate also confirmed the two following nominees by voice vote: Amanda K. Brailsford, to be a judge on the U.S. District Court for Idaho; and Damien M. Diggs, to be the U.S. Attorney for the Eastern District of Texas for a 4‑year term.
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