Published Monday, February 18, 2008 in the WTE

The U.S. Senate would be wise to reject the nomination of Richard Honaker for the post of U.S. district judge from Wyoming.

Mr. Honaker, who is from Rock Springs, has been nominated to take over the seat of retiring Judge Clarence Brimmer. The recommendation was made by the late Sen. Craig Thomas, R-Wyo., and it is being blindly supported by Wyoming's two Republican U.S. Sens. Mike Enzi and John Barrasso despite the many strikes against the nominee.

What should worry members of the U.S. Senate Judiciary panel - and many Wyomingites - is whether Mr. Honaker could serve impartially if he was to sit on the federal bench. He must be able to follow the letter of the law, not his own personal beliefs, and we question if he can do that.

While a member of the Legislature, Mr. Honaker introduced legislation in 1991 called the "Human Life Protection Act." It would have outlawed abortions except in cases where a woman's life was in jeopardy or in case of rape or incest. The victim would have had to make a police report within five days of the incident.

The bill didn't get out of the House Judiciary Committee, and it failed again in 1992.

This bill was designed to be a direct challenge to the U.S. Supreme Court's decision on Roe v. Wade, which was the 1973 landmark decision that legalized abortion in the United States.

Also concerning is what Mr. Honaker told a Senate panel last week. He said the abortion issue should be settled in a "pro-life way." Yet he added that he would follow the letter of the law when further questioned.

Does that mean when on the bench Mr. Honaker would allow his own personal beliefs to be interjected in his rulings? We don't know, but it's not worth confirming Mr. Honaker to find out.

Additionally, he is on the record as criticizing the U.S. Supreme Court because it "no longer talks about America as a Christian nation." That's great for the Christians of this state, but what about those of other faiths? Apparently they don't count in Mr. Honaker's way of thinking.

Mr. Barrasso says Mr. Honaker is "eminently qualified" for the post. It is time that the new senator begin to think for himself rather than simply spouting the party line.

Mr. Honaker has no experience on the bench at any level, and to appoint him to a life-long position in the federal courts would be irresponsible.

Mr. Honaker might be qualified for a seat at the county level, but even that might be questionable, given his advocacy of controversial positions.

Mr. Honaker is right when he says no one can replace Mr. Brimmer - at least as it applies to him. During his time on the bench, Mr. Brimmer was always firm in his decisions, but he was more importantly fair and didn't interject his beliefs into them.

The Senate panel didn't vote this week on Mr. Honaker's nomination. That will come at a later date. If approved, he would have to undergo a full Senate confirmation.

Since this nomination is almost a year old, President Bush should withdrawal it and ask the Wyoming delegation to come up with a better nominee.

The best future for Mr. Honaker is that he remain in Rock Springs as a private attorney. He's not the right person to serve as U.S. district judge in Cheyenne.