Judicial Nomination Hearing

Introduction

• Chairman's congratulations to nominees.
• Specific mention of Judge Alicon.

Judge Alicon's Previous Interactions

• Previous questions asked during Homeland Security Committee session.
• Specific interest in religious liberty litigation.

Religious Liberty Litigation

• Judge Alicon has litigated against religious liberty claims in multiple cases.
• Details about Capitol Hill Baptist Church vs. Bowser case.

Capitol Hill Baptist Church vs. Bowser

• Case involved DC's COVID-19 lockdown policies restricting church gatherings.
• Broad restriction on activities except for mass protests.

Key Issues Highlighted

• Restrictions targeted various activities including work, stores, and churches.
• No explicit mention of mass protests in the lockdown orders.
• Judge defended the mayor's orders even though they allowed mass protests but restricted religious gatherings.
• Senator's argument: discriminatory against religious gatherings while allowing mass protests.

Legal Arguments and Outcome

• Judge Alicon defended the mayor's orders as a client representative.
• Court's decision: orders did not meet strict scrutiny (unconstitutional).
• Non-appealed decision by District of Columbia.

Discussion on Reasons for Loss

• Court's rationale: restrictions not neutral or generally applicable.
• Specific reason highlighted: mayor participating in mass protests while restricting religious gatherings.
• Senator's insistence that the issue was discrimination based on ideological beliefs.

Senator's Criticism

• Questioned if Judge Alicon thought the district court ruling was correct.
• Concern about discriminating based on religious faith.
• Judge's defense: acted on the mayor’s and epidemiologists' assessments.
• Senator's disapproval of the arguments made: lack of scientific evidence.
• Conclusion: Senator will not support the nomination.

Closing

• Remarks passed to Senator Tillis.