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A Maine lawyer who has represented clients in several high-profile, often political lawsuits cleared a hurdle Thursday when the Senate Judiciary Committee advanced his nomination to the 1st U.S. Circuit Court of Appeals in Boston.

Joshua Dunlap was nominated by President Donald Trump in July with support from Sen. Susan Collins, R-Maine, who said she helped vet Dunlap while serving on an advisory committee.

Attorney Joshua Dunlap, a partner at Pierce Atwood in Portland, was nominated by President Donald Trump to the 1st U.S. Circuit Court of Appeals. (Photo courtesy of Pierce Atwood)

It’s unclear when the full Senate will take up Dunlap’s nomination — the last step before he can become a judge. Nominees are taking longer to confirm under the Trump administration as Democrats are blocking more of the president’s picks than they have under previous Republican presidents, according to reporting from The Washington Post. Republicans say they are considering changing Senate rules to make confirmations easier.

Twenty Maine advocacy groups — including Planned Parenthood of New England, the Maine Women’s Lobby and EqualityMaine, the state’s largest advocacy group for LGBTQ rights — have asked Collins to withdraw her support of Dunlap, citing concerns over his prior work for “powerful corporations against consumers and the public,” as well as public statements he’s made in which they say he appears opposed to abortion access and gay marriage.

“Right now, it is more essential than ever that the courts serve as a neutral arbiter, and that they maintain the ability to make decisions without bias or prejudice,” Lisa Margulies, vice president of public affairs for Planned Parenthood of New England, said at a virtual news conference Friday. “Mr. Dunlap’s record indicates he is not able to do that.”

Dunlap could not be reached for comment Friday.

The statements referred to by the advocacy groups include testimony Dunlap submitted to state lawmakers in 2015, supporting failed legislation that would have required parents to consent to a minor’s abortion, and a 150-word letter to the editor published in 2012, decrying the theft of several yard signs expressing opposition to a ballot initiative to legalize gay marriage.

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Dunlap didn’t state in that letter to the Scarborough Leader his views on gay marriage, but he criticized supporters of that ballot initiative, which voters approved that fall.

“Yes on 1 supporters vigorously assert that redefining marriage will not affect our rights under the First Amendment, freedom of speech and the freedom of exercise of religion,” Dunlap wrote, referring to those who supported the gay marriage ballot initiative. “Yet Yes on 1 supporters have engaged in a concerted campaign to trample free speech by stealing signs. Their criminal behavior tells you everything you need to know about their commitment to freedom.”

He told senators during a hearing on July 30 that his views would not be relevant to his position on the 1st Circuit.

“I would faithfully apply binding precedent, as well as any laws I was required to interpret,” Dunlap testified.

Collins’ office said in a statement Friday that the advocacy groups’ concerns were misleading. Her staff pointed to a recommendation by a committee for the American Bar Association that independently reviews and issues recommendations on judicial nominees. The group said that Dunlap is “well qualified” for the bench based on “competency, integrity and temperament,” according to a letter they sent senators in late August.

“He also has broad bipartisan support from the Maine bar, his law firm, former Notre Dame colleagues, and his former 10th Circuit co-clerks,” Blake Kernan, a spokesperson for Collins, wrote in an email. “It is not surprising that Democrats and partisan groups are misleading Mainers on Mr. Dunlap’s record.”

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Gia Drew, executive director for EqualityMaine, said at the news conference Friday that the groups believe Dunlap’s “actions and words indicate that he would rule against non-discrimination protections for LGBTQ+ people and roll back marriage equality, raising serious concerns about his fitness to serve on the 1st Circuit Court of Appeals.”

Dunlap is a partner at Pierce Atwood in Portland, where has an extensive history in civil litigation and appeals. He has represented political clients in a number of high-profile lawsuits in Maine, including recent cases challenging campaign finance laws and the state’s “right to repair law,” both of which were approved by citizens’ referendums.

Maine Conservation Voters, a nonprofit for environmental protections that has supported some of the election laws Dunlap’s clients have battled in court, said in a statement on Friday that Dunlap has a “track record of undermining and opposing the will of Maine people.”

Dunlap was nearly selected as one of the delegates that the Maine GOP sent to the national convention in Cleveland before the 2016 election.

On Thursday, his nomination was passed out of the Senate Judiciary committee along party lines.

Sen. Sheldon Whitehouse, D-Rhode Island, said during the committee hearing Thursday that Dunlap was nominated after Democrats and Republicans agreed not to act on Biden’s nominee for the position last year, in a deal to confirm more Biden picks to the lower court. He criticized that choice.

Whitehouse also said he’s concerned by the lack of support for Dunlap by Sen. Angus King of Maine, an independent who votes regularly with Democrats. Whitehouse said King “has not supported this nominee.”

A spokesperson for King said on Thursday that they are “going to review (Dunlap’s) nomination and supporting documents as this heads to the floor.”

Emily Allen covers courts for the Portland Press Herald. It's her favorite beat so far — before moving to Maine in 2022, she reported on a wide range of topics for public radio in West Virginia and was...

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