The U.S. Court of Appeals for the First Circuit in Boston. Photo by Eesha Pendharkar/Maine Morning Star.
A progressive coalition of 20 Maine organizations opposed the nomination of a federal judge from Maine to the U.S. Court of Appeals for the First Circuit, citing his opposition of reproductive and LGBTQ+ rights, and history of defending large corporations.
On Thursday, the U.S. Senate Judiciary Committee voted along party lines to advance the nomination of Portland-based lawyer Joshua Dunlap to the Boston-based U.S. Court of Appeals for the First Circuit, which covers Maine. Republican Sen. Susan Collins supported the nomination, saying Dunlap’s “professionalism and experience … make him an excellent choice for the First Circuit.” That court is the only one of the 13 federal appeals courts with no current judges appointed by Republican presidents.
On Friday, Planned Parenthood of Northern New England joined Equality Maine, Maine Women’s Lobby and Our Power Maine in urging Collins to vote against Dunlap, citing his anti-reproductive rights and anti-LGBTQ+ stances, including public opposition to marriage equality and support for fetal personhood. They criticized his record of consistently siding with large corporations over the interests of Maine residents and his affiliation with the Alliance Defending Freedom, designated a hate group by the Southern Poverty Law Center.
Dunlap is currently a partner in the Portland law firm Pierce Atwood, and co-chairs its Appellate & Amici team. Two decades ago, Dunlap interned for the Alliance Defending Freedom, and when asked about it in a judiciary committee hearing in July, called ADF “a highly successful law firm.”
“Mainers need judges who reflect their views, especially in this moment when we are seeing the key role that the judiciary, courts and individual judges play in upholding democratic principles and constitutional rights in our fragile democracy,” said Lily James, advocacy coordinator for Maine Women’s Lobby.
“We are gravely concerned that, if confirmed by the Senate, Mr. Dunlap will become yet another judge who uses his position to take the side of banks, insurance companies and other corporations, instead of reflecting the values of Mainers and protecting the rights of individuals.”
National advocacy group Accountable.us also flagged Dunlap’s nomination, saying “Dunlap’s nomination is part of President Trump’s campaign to capture the courts with judges hand picked for their loyalty to Trump, instead of their commitment to the Constitution.”
“Joshua Dunlap has an alarming record of advancing anti-choice laws that would take fundamental freedoms away from Americans,” said President Caroline Ciccone. “His extreme ideological advocacy to gut reproductive freedom is out of step with the vast majority of Americans and calls into question his ability to rule impartially on the bench.”
Dunlap did not respond to requests for comment.
Opposition to reproductive rights
When reproductive health care providers are already fighting in federal courts to be able to continue providing care to millions of patients and LGBTQ+ rights under attack, “it is more essential than ever that the court serve as a neutral arbiter and that they maintain the ability to make decisions without bias or prejudice,” said Lisa Margulies, vice president of public affairs for Planned Parenthood of Northern New England.
“The fact is, the statements that Mr. Dunlap has made over the years are deeply at odds with the values of Maine people and the rights they hold dear, and we have grave concern for his ability to be impartial on matters literal, matters of life and death, on which he has taken such extreme and public positions,” she said.
Accountable.us pointed to testimonies and articles by Dunlap, including a 2015 testimony in favor of a bill proposing a parental consent requirement for minors seeking abortions in 2015, where he said that doctors were financially incentivized to encourage young people to terminate their pregnancies, and stated that parental consent requirements were about protecting minors from abuse rather than providing an additional roadblock to abortion.
In 2017, he signed onto a testimony supporting a Maine fetal personhood bill saying it was “purely and simply” about ensuring justice in instances of wrongful death of a fetus. Opponents of the bill said that Maine law already provided avenues for legal action in such cases, and said that the bill could lead to abortion restrictions down the line. Neither bill ultimately passed.
Opposing marriage equality
Gia Drew, executive director of Equality Maine, said Dunlap’s actions and words “indicate that he would rule against non discrimination protections for LGBTQ+ people, and roll back marriage equality.”
In an op ed in 2012, Dunlap publicly opposed marriage equality in Maine, complaining about supporters of marriage equality stealing opposing signs.
“[Marriage equality] supporters vigorously assert that redefining marriage will not affect our rights,” he said in a letter to the editor.
“Yet … supporters have engaged in a concerted campaign to trample free speech by stealing signs. Their criminal behavior tells you everything you need to know about their commitment to freedom.”
He has been dismissive of same sex marriage supporters constitutional arguments, and suggested that he believes LGBTQ+ rights are inherently at odds with religious liberty, Drew said. As a lawyer and legal commentator, Dunlap has repeatedly fought for expansive religious exemptions that would allow people and institutions to discriminate against LGBTQ+ people, claiming that religious motivation should be a valid legal defense.
“Dunlap has made clear that he prioritizes ideology over equality and justice,” Drew said.
“His appointment would put LGBTQ+ people rights at risk, not only in the First Circuit, but across the country, undermining the court’s ability to safeguard the rights of marginalized people and women.”
Supporting big corporations
Seth Berry, executive director of Our Power, cited examples where Dunlap supported Central Maine Power in overturning a voter-approved measure banning foreign governments and companies with 5% or more foreign government ownership from donating to state referendum races. The law was one of a handful around the country attempting to limit foreign influence on U.S. elections, but CMP’s parent company filed lawsuits to block its application.
He also defended pharmaceutical companies in opioid cases, represented oil companies accused of climate deception, and sided with banks in foreclosure disputes. Berry argued that Dunlap’s confirmation would serve corporate interests at the expense of Mainers, urging senators not to support his nomination.
“If confirmed, Joshua Dunlap will be a blank check for corporate oligarchy,” he said.
“U.S. senators who support him will sign the check, but the bills will be paid by Maine people.”
