District Court Nominee Awaits Vote

By Doug Carlson - Mar 11, 2008 - comment

The Senate Judiciary Committee continues to take its time considering a host of judicial nominees, including a distinguished attorney nominated last year to a district court in Tennessee.

Gustavus “Gus” Puryear IV, a credentialed attorney who currently serves as general counsel to a large corporation that operates prisons and detention centers for government entities, was nominated last June by President Bush to serve on the U.S. District Court for the Middle District of Tennessee.

Eight months after his nomination, in February, the powerful Senate Judiciary Committee finally brought Puryear to Washington for a hearing. But several committee members are balking at confirming him, claiming he is not fit for the job.

The American Bar Association, however, suggests he is indeed fit to assume that position. The ABA Standing Committee on the Federal Judiciary unanimously gave him a “qualified” rating to serve as a district court judge, meaning he “satisfies the committee’s very high standards” and “is qualified to perform satisfactorily all of the duties and responsibilities required of a federal judge.”

His home-state senators, Lamar Alexander ( R ) and Bob Corker ( R ), have also thrown their weight behind him and called for his confirmation.

Puryear’s broad background in law and justice has helped to groom him for the important role as a judge. As general counsel to the Corrections Corporation of America for close to seven years, he has handled a number of litigation matters, ranging from commercial and civil rights cases to tax appeals and criminal investigations. Prior to this position, Puryear worked for former Senate Majority Leader Bill Frist (R-TN), as well as served as a lead trial attorney in a federal civil rights jury trial and assisted in a state jury trial of a wrongful termination claim.

Puryear also serves on the National Prison Rape Elimination Commission, which was created by a 2003 law supported by the ERLC. The commission is tasked with studying sexual violence in prison and reporting to President Bush, Congress, and the U.S. attorney general on ways to reduce its prevalence.

One need not look any further than recent cases in the state of California to see the damage that can be done by a slate of bad judges. In 2005, for example, the battle over marriage came to the fore when a Superior Court judge usurped the voice of the people by declaring its traditional marriage laws unconstitutional. Five years earlier, the people put feet to their convictions by voting in favor of Proposition 22, the state’s Defense of Marriage Act that defines marriage as between one man and one woman. Although the state Appellate Court wisely reversed the decision, many fear the state Supreme Court, which heard the case last week, will side with the Superior Court, striking down the will of the people.

In another case of judicial overreach, the California Appeals Court ruled last week that parents do not have a legal right to homeschool their children. Under this flawed decision, parents could be charged criminally for homeschooling their children without a teaching license.

California is not isolated, however. These types of rulings are increasingly popping up around the country, from district courts to the U.S. Supreme Court. For this reason, we need qualified people like Puryear serving on our benches.

If you believe Gus Puryear meets the qualifications to serve on the U.S. District Court for the Middle District of Tennessee, please contact your senators, as well as Sens. Alexander and Corker, and urge them to work more aggressively for his confirmation.

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