With Sinema's help, Senate confirms Arizona lawyer Roopali Desai as appeals court judge

Roopali Desai stands in her office at Coppersmith Brockelman PLC in Phoenix February 1, 2022.
Roopali Desai stands in her office at Coppersmith Brockelman PLC in Phoenix February 1, 2022.
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The Senate voted 67-29 Thursday to confirm Arizona lawyer Roopali Desai as a judge on the 9th U.S. Circuit Court of Appeals.

The bipartisan action delivered the most votes that any circuit court nominee has received since President Joe Biden took office.

Desai will become the first South Asian woman to serve as a judge on the 9th circuit court, which is based in San Francisco. The period between her nomination and confirmation, just 50 days, is the fastest for a circuit court nominee since President Bill Clinton's administration.

Desai gained national attention for her work on the ballot issue that legalized marijuana use in Arizona, and for working alongside Secretary of State Katie Hobbs to defend the state's 2020 election from false attacks by President Donald Trump and allies. She has a close relationship with Sen. Kyrsten Sinema, D-Ariz.; Desai formerly served as Sinema's campaign attorney.

“Arizona is proud of Roopali Desai’s confirmation to be a U.S. Judge for the Ninth Circuit Court of Appeals," Sinema said in a written statement released after the confirmation vote. "Ms. Desai is known and respected for her integrity, fairness, and wealth of legal knowledge, and I’m delighted to secure the broad bipartisan votes for her confirmation. As a judge, Ms. Desai will make Arizona and America proud.”

Desai's success on the path to confirmation was in large part because of Sinema, who appeared to lobby Republicans on the Senate floor while ballots were being cast and shared enthusiastic embraces with Sens. Mitt Romney, R-Utah, and Bill Cassidy, R-La., when they changed their no votes to yeses.

Sinema's level of advocacy was “unusual” but refreshing, said Carl Tobias, a University of Richmond law professor who closely follows judicial politics on Capitol Hill.

“It was interesting to watch. I've seen her do that before,” Tobias said. “She does work the floor on issues that she cares about. I think Sinema did it on the merits. She's a very persuasive person. Hats off to the senator because she did what she needed to do. And it made a difference.”

Hearings: Arizona attorney nominated for U.S. appeals court grilled by GOP senators

Senate Judiciary Committee didn't slow walk Desai's nomination

Because of the Senate's judicial appointment process, Biden's nominees need majority votes in the Senate Judiciary Committee before their name can proceed to a confirmation vote before the full Senate.

Republicans on the Senate Judiciary Committee on July 28 opted against slow-playing Desai's nomination as they've often done to other Biden nominees.

Desai was advanced to the Senate floor by a voice vote, only the second time the panel has moved a nominee to the floor without at least a roll call vote. Only four Republicans — Sens. Josh Hawley of Missouri, Mike Lee of Utah, Marsha Blackburn of Tennessee and Ted Cruz of Texas — asked to be on the record as opposing the nomination.

Opposition from Lee and Cruz was expected. The two clashed with Desai at her July 13 Judiciary Committee hearing. Cruz highlighted Desai's work with the Brnovich v. DNC case in which she argued that Arizona's restrictions on ballot harvesting made it harder for poorer, minority communities to cast their votes. Lee quizzed Desai on her support for a Phoenix law that would have compelled two small business owners to make wedding invitations for a same-sex couple. In both cases, Desai's side lost in court. Cruz and Lee expressed skepticism that Desai would apply established precedents when it was her turn to rule on similar cases.

“As a judge, I would apply fully, unreservedly and faithfully, the precedent set forth by the Supreme Court,” she said at the hearing.

Tobias said her answers reflected a deep belief in the rule of law.

"I think she said over and over again, she would follow relevant precedents of the 9th Circuit and of the Supreme Court, even on controversial matters like abortion and other issues that divide the country," Tobias said. "And I think she appreciates the difference. She has been a strong advocate, but I think she'll be a strong judge who will give everybody a fair day in court."

Seventeen Republicans crossed the aisle to vote to confirm her nomination, including Senate Minority Leader Mitch McConnell, R-Ky.

Gregory Svirnovskiy is a Pulliam Fellow at The Arizona Republic. You can follow him on Twitter @gsvirnovskiy or reach him by email at gregory.svirnovskiy@gannett.com.

This article originally appeared on Arizona Republic: Senate confirms Arizona lawyer Roopali Desai as appeals court judge