The more that comes to light about Myrna Pérez, the more it is obvious that any fair-minded person would oppose her nomination to the Second Circuit due to how progressive and highly partisan she is as a judicial nominee. Myrna Pérez is an extremist with views on felon re-enfranchisement that even Democrat caucus Senators like Angus King, who widely support felon re-enfranchisement, would never entertain.
For starters, in a March 2021 virtual panel on race, Ms. Pérez was asked a question about re-enfranchisement for prisoners and those convicted of crimes. She argued that people should never be described as felons: “We don’t describe people by a mistake that they made.”
Then, during her Senate Judiciary confirmation hearing, she told Senator Tom Cotton that murderers and rapists that were released from prison should be allowed to vote because they are “children of God.”
By Ms. Pérez’s logic, child molesters, rapists, murderers, and the like should all be free to vote. Never mind that polling locations are often located on elementary school campuses where there are lots of children.
Unfortunately, it is not just her many outrageous and extreme views on voting; it's also her poor interpretation of the law. Regarding the most significant Supreme Court decision in years on the Voting Rights Act (VRA)—Brnovich v. DNC—Pérez's legal arguments were not only wrong, they were way off.
Pérez spoke frequently about Brnovich before the Supreme Court’s decision, calling it a “clear-cut case.” In Pérez's view, the law was clear that the Court should side with the DNC. However, Ms. Pérez mischaracterized amicus briefs by multiple parties, including Senator Cruz, calling them “outrageous and harmful readings of Section 2 of the Voting Rights Act.”
Obviously, the Supreme Court proved that Myrna Pérez was wholly incorrect. But even worse, her attacks on the prevailing side in Brnovich failed to exhibit the candor required by a nominee for Circuit Judge. As we mentioned previously, this is just her mode of operation.
Myrna Pérez has shown no inkling of judicial temperament. Her 2011 nomination for Election Assistance Commission arguably failed because she was far too extreme for a “Democrat” appointment to the EAC. This is even more evident when considering her current nomination. Pérez should not fail upward to the Second Circuit.
Pérez's nomination is expected to be voted on by the Senate Judiciary Committee on Thursday.
Read RNLA's letter in opposition to the nomination of Myrna Pérez here.