Indian-American Neomi Rao to replace Kavanaugh on DC Circuit: Trump
Washington, Nov 14: Prominent Indian-American lawyer Neomi Rao has been nominated by US President Donald Trump to fill Justice Brett Kavanaugh's seat on the powerful DC Circuit Court of Appeals.
Trump during Diwali celebrations on Tuesday at the historic Roosevelt Room of the White House announced the nomination of the 45-year-old regulatory czar for the DC Circuit which is considered next to the US Supreme Court.
And, if confirmed by the Senate, Rao, who is currently administrator, Office of Information and Regulatory Affairs (OIRA), would be the second Indian-American judge in this powerful court after judge Sree Srinivasan, who was appointed during the previous Obama regime.
"She is going to be fantastic. Great person," Trump said on his nominee.
Rao would fill the seat vacated by Supreme Court Justice Kavanaugh, who served on the appeals court for 12 years. A formal announcement on her nomination is expected to be made by the White House on Wednesday.
"I just nominated Rao to be on the DC circuit court of appeals, the seat of justice Brett Kavanaugh. That could be a big story," Trump announced.
Rao thanked the president for the "confidence" he has shown in her by nominating her to the powerful US court. Trump made the announcement in the presence of his top Indian-American officials and Indian Ambassador to the US Navtej Singh Sarna.
Called the 'regulatory czar' of Trump administration in her current capacity, she oversees implementation of the administration's deregulatory agenda and regulation-related executive orders.
She was confirmed by the Senate with a 54-41 vote in July 2017 to head the OIRA and is known among legal circles as a highly respected administrative law scholar who has distinguished herself for her right-of-centre views, media reports stated.
A former clerk for conservative Supreme Court Justice Clarence Thomas, Rao was recommended for the post by former White House counsel Don McGahn. Trump's nomination of Rao is in recognition of her contribution in cutting down regulations.
Rao has previously served in all three branches of the federal government, and before taking on her current role in the executive branch, she was associate counsel and special assistant to the president for the George W Bush administration.
She has been known for promoting separation of powers in the three branches of government. Prior to joining the Trump administration in July 2017.
A graduate of Yale University and the University of Chicago Law School, Rao also worked in the private sector, in the international arbitration group of the London-based law firm, Clifford Chance LLP.
Born to Zerin Rao and Jehangir Narioshang Rao, both Parsi physicians from India, Rao grew up in Michigan and did her schooling from Detroit High School. She is married to Alan Lefkowitz and the couple has two children.
Kavanaugh has been embroiled in a bitter battle to stave off claims of sexual assault, which he denies.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
'Fraud on Constitution': SC rules against religious conversion for quota benefits
New Delhi (PTI): In a significant verdict, the Supreme Court has said religious conversions undertaken solely to avail reservation benefits without genuine belief amounted to a "fraud on the Constitution".
Justices Pankaj Mithal and R Mahadevan passed the verdict on November 26 in a case filed by one C Selvarani and upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits.
Justice Mahadevan, who wrote the 21-page verdict for the bench, further underscored that one converted to a different religion, when they were genuinely inspired by its principles, tenets and spiritual thoughts.
"However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motives will only defeat the social ethos of the policy of reservation,” he noted.
The evidence presented before the bench was found to have clearly demonstrated that the appellant professed Christianity and actively practiced the faith by attending church regularly.
"Despite the same, she claims to be a Hindu and seeks for a SC community certificate for the purpose of employment," it noted.
"Such a dual claim made by her," said the bench "was untenable and she cannot continue to identify herself as a Hindu after baptism".
The top court, therefore, held the conferment of scheduled caste communal status to the woman, who was a Christian by faith, but claimed to be still embracing Hinduism only for the purpose of availing reservation in employment, "would go against the very object of reservation and would amount to fraud on the Constitution".
The top court underlined a religious conversion solely to access reservation benefits, without genuine belief in the adopted religion, undermined the fundamental social objectives of the quota policy and her actions were contrary to the spirit of reservation policies aimed at uplifting the marginalised communities.
Selvarani, born to a Hindu father and a Christian mother, was baptised as a Christian shortly after birth but later claimed to be a Hindu and sought an SC certificate to apply for an upper division clerk position in Puducherry in 2015.
While her father belonged to the Valluvan caste, categorised under scheduled castes, he had converted to Christianity, as confirmed by documentary evidence.
The verdict said the appellant continued to practice Christianity, as seen by the regular church attendance, making her claim of being a Hindu untenable.
The bench noted individuals converting to Christianity lose their caste identity and must provide compelling evidence of reconversion and acceptance by their original caste to claim SC benefits.
The judgement said there was no substantial evidence of the appellant's reconversion to Hinduism or acceptance by the Valluvan caste.
Her claims lacked public declarations, ceremonies, or credible documentation to substantiate her assertions, it pointed out.
"One converts to a different religion when genuinely inspired by its principles. Conversion purely for reservation benefits, devoid of belief, is impermissible," the bench held.
The apex court opined in any case, upon conversion to Christianity, one lost their caste and couldn't be identified by it.
"As the factum of reconversion is disputed, there must be more than a mere claim. The conversion had not happened by any ceremony or through 'Arya Samaj'. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity,” it noted.
The bench said there was evidence against the appellant, and therefore, her contention raised that the caste would be under eclipse upon conversion and resumption of the caste upon reconversion, was "unsustainable".
