ILNews

President to renominate IU professor

Back to TopE-mailPrintBookmark and Share


An Indiana University Maurer School of Law - Bloomington professor is expected to be renominated by President Barack Obama to head the Office of Legal Counsel after the Senate sent her nomination back to the White House in December.

While the president first announced he planned to nominate Dawn Johnsen Jan. 5, 2009, he formally nominated her Feb. 11, 2009. She addressed the Senate Judiciary Committee Feb. 25, 2009, and the committee approved her nomination 11-7 along party lines March 19, 2009. No progress was made since then, and because she wasn't confirmed by the full Senate by the end of the first year of its 2009-2010 session, the Senate sent her nomination back to the White House Dec. 24.

Hannah Buxbaum, executive associate dean for academic affairs and professor of law at the school, said she is confident Johnsen will be renominated and has "no reason to doubt the accuracy of those reports."

Requests for comment from the White House and Sen. Evan Bayh's office were not returned by IL Daily deadline.

"We feel she's eminently qualified for the position," Buxbaum said. "She's a leading constitutional law scholar, particularly on the topic of separation of powers and other topics related to the position. More importantly, she already served in the position."

Johnsen worked for the Office of Legal Counsel during the Clinton Administration from 1993 to 1998, including one year as acting assistant attorney general, 1997 to 1998. But conservative groups have focused more on her work before her position with the Office of Legal Counsel. Pro-life advocates have been publicly against her because of her position as legal director of NARAL Pro-Choice America from 1988 to 1993. She was also a staff counsel fellow for the American Civil Liberties Union's Reproductive Freedom Project in New York City from 1987 to 1988.

Conservative groups also disagree with her strong positions regarding the Office of Legal Counsel's actions during the administration of President George W. Bush. She, along with 18 others who formerly worked for the office, released the "Principles to Guide the Office of Legal Counsel" Dec. 21, 2004. The first principle stated: "When providing legal advice to guide contemplated executive branch action, OLC should provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration's pursuit of desired policies. The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients' desired actions, inadequately promotes the President's constitutional obligation to ensure the legality of executive action."

Buxbaum said she doesn't expect the nomination process will be immediate this time around and that Johnsen, who taught classes last semester, is scheduled to teach again this semester. Johnsen will commute from her home in Washington, D.C. While Johnsen can't talk about the nomination process while it is pending, Buxbaum said the two recently have been in touch about Johnsen's duties for the law school, and she and others at the law school plan to continue to keep an eye on the nomination process.

"We are delighted to hear the president is planning to renominate her, and we look forward to her confirmation," Buxbaum said.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT