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Rubio Nixes Nomination Of Openly Gay Judge

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TAMPA, FL - AUGUST 30: U.S. Senator Marco Rubio (FL) speaks during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today. (Photo by Mark Wilson/Getty Images)

TAMPA, FL – AUGUST 30: U.S. Senator Marco Rubio (FL) speaks during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today. (Photo by Mark Wilson/Getty Images)

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MIAMI (CBSMiami) – Senator Marco Rubio withdrew his support for Judge William Thomas’ nomination Tuesday to the Federal District Court for the Southern District of Florida despite having backed the nomination more than 10 months ago, according to the New York Times.

For confirmation to move forward, a nominee must have support from both United States senators in their home state.

Senator Rubio said he was concerned about two decisions in cases made by Judge Thomas. If Thomas had been confirmed to the court, he would have been the first openly gay black judge on the federal bench.

Rubio said he was concerned about Thomas’ “fitness” for the federal bench including “ questions about his judicial temperament and his willingness to impose appropriate criminal sentences,” according to the Times.

Specifically, Rubio took issue with the sentence of Michele Traverso, saying the sentence was too lenient. However, the lead prosecutor and the administrative judge for the 11th Judicial Circuit criminal division both wrote letters saying Judge Thomas acted fairly and well within the law, the Times reported.

Rubio also objected to the suppression of confessions of two defendants in a murder trial.

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