Despite no GOP support, Central Valley jurist is one step closer to Ninth Circuit Court seat

Federal District Court Judge Ana de Alba’s ascension to the Ninth Circuit Court of Appeals is a full U.S. Senate vote away from placing the former Fresno County Superior Court judge into the country’s largest appeals court.

Unlike last year when de Alba sailed through the U.S. Senate Judiciary Committee on a bipartisan vote to win her seat in the U.S. District Court for the Eastern District of California, her nomination was forwarded Thursday morning to the full Senate along partisan lines.

The vote was 11-10, something that University of Richmond law professor Carl Tobias says could portend a close vote when the Senate considers the nomination in about a month.

“I don’t think there’s a problem, but the Democrats have to be sure everybodies there for the votes,” said Tobias, who regularly follows the Senate consideration of judicial nominations.

Sen. Dianne Feinstein, who has missed time this Senate session, participated in Thursday’s vote.

“The only person I’m worried about is (West Virginia Sen. Joe) Manchin,” he said, “because last week he voted, for the first time of any Democrat, against a Biden nominee.”

Sen. Lindsay Graham, R-South Carolina, voted for de Alba for the district court.

This time, he said he could not support her because of two cases she ruled in which released a GPS monitor from a man who tried to help his brother escape after killing a Newman police officer in December 2018, and another case where a more lenient sentence was given to a man convicted of receiving and distributing child pornography.

In the first case, the monitor that de Alba removed was one of two such devices. In the second case, sentencing guidelines called for a sentence of 78 to 97 months. She handed down a 66-month sentence.

“I voted for her for the district position, but I cannot support her for the Ninth Circuit,” said Lindsay during a hearing that lasted less than 10 minutes.

Graham noted a case “involving a suspect who murdered a police officer, was convicted, had an ankle bracelet bracelet, and she removed it without a hearing.”

No one corrected him that it was the suspect’s brother and not the suspect who had the ankle bracelet released.

“And one of the more egregious child sexual abuse cases I’ve been made aware of. Her sentences were way below the guidelines, so I’ll be a no on her,” said Graham.

In her May 19 appearance before the committee, de Alba – who was not present at Thursday’s hearing – said she is required “to look at factors under 18 US Code Section 3553(a), the Ninth Circuit as well as Supreme Court precedent.”

Tobias said he was “troubled a little bit” by the partisan vote.

“It looked like the Republicans hadn’t given a lot of thought and just did whatever Graham said, which is not unusual,” said Tobias, who noted several Republicans voted by proxy.

Sen. Dick Durbin, D-Illinois, praised de Alba’s nomination by President Biden.

“The ABA (American Bar Association) unanimously rated her qualified for the appellate court. She has a strong support of the California senators,” said Durbin. “Her judicial and litigation experience have prepared her well for the to serve on the Ninth Circuit.”

De Alba, 44, was a Fresno County Superior Court Judge before moving into the district court bench.

She went into law after her mother and other women worked an entire summer without getting paid by a farmer who then declared bankruptcy. De Alba frequently talks about growing up poor, and using a sleeping bag until she got her own bed at age 15.