Senator Blackburn Grills Biden 6th Circuit Nominee Over Lack of Experience: Eight Rule Violations in Nine Cases

On 1/12/2022, Senator Marsha Blackburn raised serious concerns about the qualifications of Andre Mathis, President Biden’s nominee for the U.S. Court of Appeals for the 6th Circuit, during his Senate Judiciary Committee confirmation hearing. Blackburn revealed that in nine cases where Mathis’s name appeared on briefs before the Sixth Circuit, he had to file corrected filings for failure to follow the court’s rules in eight of them. Blackburn also accused the Biden White House of misrepresenting its outreach to Tennessee’s home-state senators.

Eight Out of Nine

Blackburn’s most damaging line of questioning centered on Mathis’s track record before the very court to which he was being nominated. “Your name appeared on briefs in the Sixth Circuit nine times, nine cases,” Blackburn said. “And in eight of those cases, you had to file corrected filings for failure to follow the Sixth Circuit rules. Eight out of nine.”

“So how can we expect to confirm you as a Sixth Circuit judge when you have demonstrated a record of consistently failing to comply with the rules of that very court?” Blackburn asked.

Mathis responded: “For any court that I’m practicing before, I do my very best to follow the rules.” When Blackburn pressed — “So those were just mistakes, eight out of nine times?” — Mathis disputed the number, saying he believed he had handled only five appeals to conclusion plus one pending.

”Your Own Clients Didn’t Trust You”

Blackburn then raised an even more pointed observation. She noted that in some Sixth Circuit cases where Mathis was involved, he had handled the trial work but another attorney from a different firm was brought in to handle the actual appeal.

“What that says to me is that your own clients didn’t trust you to handle the appeals before the Sixth Circuit,” Blackburn said. “So they brought in somebody else to handle that Sixth Circuit work.”

No Federal Appellate Experience

Blackburn methodically established that Mathis had never argued a case before the Sixth Circuit or any federal appellate court. “Have you ever argued a case in the Sixth Circuit?” she asked.

“I have not argued an appeal to the Sixth Circuit,” Mathis confirmed, noting he had argued ten appeals in Tennessee state courts.

“Have you ever argued a case in any federal appellate court?” Blackburn followed up.

“Senator, I have not argued any cases in—” Mathis began before Blackburn moved on.

White House Bypassed Home-State Senators

Blackburn accused the Biden White House of an “insulting” approach to the nomination process. The 6th Circuit seat in question had historically been designated for a nominee from Tennessee, and under the long-standing “blue slip” committee tradition, Tennessee’s home-state senators — Republicans Blackburn and Bill Hagerty — would have had greater influence over who was nominated.

Judiciary Chairman Richard Durbin held the confirmation hearing over the objection of both Tennessee senators. Blackburn said she was not contacted by the White House to set up a meeting with Mathis until the day before she sent a letter to Durbin about the lack of outreach — at 4:55 PM.

“This is not the kind of good-faith attempt at meaningful consultation that the Constitution requires,” Blackburn said. “Because I was not consulted, no one has asked me what my objections to Mr. Mathis might be."

"Were You Told Not to Meet With Me?”

Blackburn then pressed Mathis directly on whether he had been told to avoid meeting with her. Mathis said he had been “advised to make myself available” in June and had met with counsel for both Blackburn and Hagerty. But Blackburn was not satisfied.

“I know that you were made aware of my desire to meet with you after you were nominated. Are you telling this committee that no one ever told you that I wanted to have the opportunity to meet with you?” Blackburn asked.

“Senator, I was not aware of a request to meet with you, but I would be happy to meet with you,” Mathis said.

“I know you were made aware, and I know for a fact that you were made aware of my concerns about your lack of experience, and that was well over a month ago,” Blackburn responded. “And I think it’s of concern that you would have chosen not to reach out and close that loop."

"America Is the Greatest Country”

Senator Kennedy asked Mathis a straightforward question: “Do you think America is mostly good or mostly bad?”

“I believe that America is the greatest country in the world,” Mathis replied. “I don’t know any other country where I could be in this position to come from where I’ve come from and be in a position to be nominated to the Sixth Circuit and be speaking to senators. I could have never imagined this happening.”

If confirmed, Mathis would become the first Black man from Tennessee to sit on the Sixth Circuit.

Key Takeaways

• Mathis had to file corrected briefs for rule violations in eight of nine cases before the Sixth Circuit — the very court to which Biden nominated him.
• He had never argued a case before the Sixth Circuit or any federal appellate court.
• In some cases, Mathis’s own clients brought in outside counsel to handle their Sixth Circuit appeals rather than trusting Mathis.
• Blackburn accused the White House of bypassing the home-state senator consultation process and misrepresenting its outreach, which did not occur until 4:55 PM the day before her letter.
• Mathis called America “the greatest country in the world” and said he could never have imagined being nominated.

Transcript Highlights

The following is transcribed from the video audio (unverified — AI-generated from audio).

• Nine cases, and in eight of those cases, you had to file corrected filings for failure to follow the Sixth Circuit rules. Eight out of nine.
• Your own clients didn’t trust you to handle the appeals before the Sixth Circuit. So they brought in somebody else to handle that Sixth Circuit work.
• Have you ever argued a case in any federal appellate court? Senator, I have not.
• I know you were made aware of my concerns about your lack of experience, and that was well over a month ago. I think it’s of concern that you would have chosen not to reach out.
• I believe that America is the greatest country in the world. I could have never imagined this happening.
• The White House is being inaccurate in their representation of their outreach, which did not occur until 4:55 yesterday afternoon.

Full transcript: 1109 words transcribed via Whisper AI.