Politics
Rubio continues hold on gay black judicial nominee
Florida Republican only obstacle to advancing nomination


Sen. Marco Rubio is holding up the nomination of a gay black judicial nominee who’d be the first openly gay black male to serve on the federal bench. (Blade file photo by Michael Key).
LGBT groups are pressuring the Senate to push forward with the confirmation of the first openly gay black male to the federal bench now that a hold from Sen. Marco Rubio (R-Fla.) is the only hold up in the process.
The confirmation of William Thomas, whom President Obama first named in November for a seat on the U.S. District Court for the Southern District of Florida, was as of last week held up by both U.S. senators in Florida — Bill Nelson and Rubio — who had yet to return the “blue slips” for the nomination even though it had been pending for more than eight months.
But on Wednesday, following the publication of several media reports on the issue — including one from the Washington Blade — Nelson submitted the blue slips for the nomination, according to Senate sources familiar with the process. Dan McLaughlin, a Nelson spokesperson, confirmed the Florida Democrat had returned the blue slips for the nomination.
Nelson’s office had previously said the senator hadn’t submitted the blue slips because the Senate Judiciary Committee hadn’t yet completed the background investigation on the nomination.
Nelson’s lifting of his hold on the nominee means Rubio is now the only senator obstructing Thomas from proceeding through the confirmation process. Other judicial nominees renominated at the start of the 113th Congress have received confirmation, but no action has been taken on Thomas.
Rubio’s office didn’t respond to repeated requests from the Blade over the past two weeks to comment on why he continues to hold up the Thomas nomination. According to a report last week in the Tampa Bay Times, Rubio has concerns about Thomas’s involvement in a controversial case in which a man was given a sentence of just 364 days in jail for the hit-and-run death of a cyclist.
A judge is seeking to allay these concerns about Thomas in a letter to Rubio that was obtained by the Blade.
In the July 19 missive, Nushin Sayfie, administrative judge for the criminal division of the Eleventh Judicial Circuit in Florida, says the sentence Thomas gave in the case was within his guideline range. The name of the case, the victim and the defendant aren’t found in the letter.
Sayfie maintains that unlike what the media reported, the defendant wasn’t charged in the death of the victim, but “charged with leaving the scene of an accident (involving death).” Further, Sayfie said the defendant filed a motion for downward departure on the grounds that he suffered from a rare blood disease that placed him at risk of death during a prison sentence, but Thomas denied this motion.
According to Sayfie, Thomas sentenced the defendant to 23 months in state prison followed by two years of community control, but allowed him to finish the sentence locally to accommodate his medical condition.
“I hope this communication helps to answer some of the concerns you might have,” Sayfie concludes. “I have known Judge William Thomas as a colleague and friend for approximately nineteen (19) years. It was my pleasure to serve as a reference for him for the federal bench (and be interviewed at length by the ABA, the FBI and the White House Counsel’s Office!) He is a dedicated, intelligent and hard-working public servant.”
Thomas has experience both as a defense attorney and as a judge. He’s been a circuit judge in Florida’s 11th Judicial Circuit since 2005, where he has presided over both civil and criminal matters. Before that, he was an assistant federal public defender in the Southern District of Florida and represented indigent clients in federal criminal cases.
Rubio faced criticism last week from members of the Congressional Black Caucus for holding up both the Thomas confirmation and that of Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for Middle District of Florida. The Gay & Lesbian Victory Fund also called for the Thomas nomination to move forward.
Rubio continues to hold up the Thomas nomination even though he and Nelson recommended Thomas for the seat following approval from Florida’s Federal Judicial Nominating Commission, which makes recommendations to the state’s senators.
But in the aftermath of Nelson lifting his hold, other LGBT groups stepped up the pressure for movement on the nomination when asked for comment by the Washington Blade.
Fred Sainz, vice president of communications for the Human Rights Campaign, is among those calling for Rubio to take action.
“He should return the blue slip and allow this well-qualified jurist to get confirmed by the U.S. Senate,” Sainz said. “The federal district court system is already backlogged. There’s no good reason why justice should be further delayed when Judge Thomas is ready, willing and able to serve.”
Sharon Lettman-Hicks, CEO of the National Black Justice Coalition, said as a Floridian for more than 25 years, she’s “disgusted” by Rubio’s lack of action on the Thomas nomination.
“By the accounts of Florida’s Federal Judicial Nominating Commission and even Senator Rubio, himself, Judge Thomas has been a principled jurist who would serve our nation with distinction on the federal bench,” Lettman-Hicks said. “Judge Thomas deserves a nomination process unobstructed by the malevolent politics of the right-wing agenda, and it is inexcusable that Senator Rubio would block the nomination of such a highly qualified and exemplary candidate, particularly at a time when our judicial system is hemorrhaging with a bevy of judicial vacancies in critical seats.”
No one has alleged discrimination based on sexual orientation as a reason for the holdup on the Thomas nomination, although the Congressional Black Caucus last week drew attention to the fact that Rubio was holding up two black judicial nominees.
Shin Inouye, a White House spokesperson, joined in the calls for movement on the Thomas nomination after being silent last week when both Florida senators were holding it up.
“The president nominated Judge William Thomas more than eight months ago,” Inouye said. “This judicial vacancy has been declared a ‘judicial emergency,’ and the non-partisan American Bar Association has rated Judge Thomas ‘well-qualified.’ Unfortunately, his nomination continues to be stalled, and the Senate should promptly consider it without further delay.”
Thomas would be the first openly gay black male to serve on the federal judiciary; U.S. District Judge Deborah Batts — who was appointed by President Clinton in 1994 — is black and a lesbian.
Congress
Padilla forcibly removed from federal building for questioning DHS secretary
Prominent Democrats rushed to defend senator

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday
The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.
According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.
“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.
“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”
Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).
Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”
Congress
51 lawmakers sign letter to Rubio about Andry Hernández Romero
U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT
“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left
Venezuela after experiencing discriminatory treatment because of his sexual orientation and
opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.
After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.
In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)
U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Washington Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.
“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”
“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”
Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.
“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.
“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”
Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”
“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”
Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”
In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”
Congress
Wasserman Schultz: Allies must do more to support LGBTQ Jews
A Wider Bridge honored Fla. congresswoman at Capital Jewish Museum on Thursday

Florida Congresswoman Debbie Wasserman Schultz on Thursday said allies need to do more to support LGBTQ Jewish people in the wake of Oct. 7.
“Since Oct. 7, what has been appalling to me is that LGBTQ+ Jewish organizations and efforts to march in parades, to be allies, to give voice to other causes have faced rejection,” said the Florida Democrat at the Capital Jewish Museum in D.C. after A Wider Bridge honored her at its Pride event.
Wasserman Schultz, a Jewish Democrat who represents Florida’s 25th Congressional District in the U.S. House of Representatives, added the “silence of our allies … has been disappointing.”
“It makes your heart feel hollow and it makes me feel alone and isolated, which is why making sure that we have spaces that we can organize in every possible way in every sector of our society as Jews is so incredibly important,” she said.
The Israeli government says Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival, when it launched a surprise attack on the country. The militants also kidnapped more than 200 people on that day.
The Hamas-controlled Gaza Health Ministry says Israeli forces have killed nearly 55,000 people in the enclave since Oct. 7. Karim Khan, the International Criminal Court’s chief prosecutor, has said Israeli Prime Minister Benjamin Netanyahu and former Hamas leader Yahya Sinwar, who the Israel Defense Forces killed last October, are among those who have committed war crimes and crimes against humanity in Gaza and Israel.
A Wider Bridge is a group that “advocates for justice, counters LGBTQphobia, and fights antisemitism and other forms of hatred.”
Thursday’s event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the Capital Jewish Museum.
Police say a man who injured more than a dozen people on June 1 in Boulder, Colo., when he threw Molotov cocktails into a group of demonstrators who were calling for the release of the remaining Israeli hostages was yelling “Free Palestine.” The Associated Press notes that authorities said the man who has been charged in connection with the attack spent more than a year planning it.