DC Circuit Judicial Nominee Says She Will Uphold Chevron Precedent
Neomi Rao told the Senate Judiciary Committee Tuesday she would uphold the Chevron regime, if confirmed to the D.C. Circuit. “Chevron is a precedent of the Supreme Court, and yes, I would follow it,” Rao, President Donald Trump’s pick to replace now-Justice Brett Kavanaugh, told lawmakers during a confirmation hearing.
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On a separate panel, ex-FCC Enforcement Bureau Chief Travis LeBlanc, one of two nominees to the Privacy and Civil Liberties Oversight Board, told lawmakers the lack of federal baseline privacy legislation is “one of the biggest challenges.”
Asked if he anticipates friction with the PCLOB confirmations, Chairman Lindsey Graham, R-S.C., told us, “No, not really.” LeBlanc and fellow nominee University of Virginia law professor Aditya Bamzai declined comment after a brief round of questioning from ranking member Dianne Feinstein, D-Calif., and Sen. Marsha Blackburn, R-Tenn. Rao’s testimony included tense moments of questioning from Democrats about the views she expressed during college on date rape.
LeBlanc noted there’s some consensus for privacy legislation across industry, government, consumer groups and party lines: “Having some kind of common federal baseline legislation would be helpful. I am mindful that the jurisdiction of the PCLOB is limited” with respect to protecting privacy. Preserving appropriate checks and balances to ensure a balance between privacy and security is one of the “central challenges of our time,” Bamzai said.
Big tech’s privacy violations compound nearly every day, Blackburn said, citing recent allegations against Facebook (see 1901300033) and Apple. Some privacy violations are “so offensive” and a threat to children, Blackburn said. She asked about the need for data security and data breach notification legislation.
That’s not entirely in PCLOB’s jurisdiction, LeBlanc said, noting he’s pleased all states now have data breach notification laws. Whether there should be a federal standard is up to Congress, he said. There’s no doubt the number of breaches is growing and foreign nation states are a concern, he said. Bamzai cited growing threats from China. Blackburn also addressed concerns with China, which she said has sought to disadvantage U.S. companies through intellectual property theft.
Feinstein noted three provisions in the Foreign Intelligence Surveillance Act expire Dec. 15: lone wolf, roaming wiretaps and expansion of business records provisions. Congress is expected to consider extension of some or all three provisions, Feinstein said. She asked for the nominees’ views.
FISA is a “very important issue,” and PCLOB should provide a “product” to inform Congress about reauthorization, Bamzai said. LeBlanc said he doesn’t have access to classified information yet but will keep Congress informed if confirmed.