Judiciary
‘Kennedy quiz’ stumps some federal judicial nominees; topics embody collateral estoppel and Article V
Republican U.S. Sen. John Kennedy of Louisiana, a member of the Senate Judiciary Committee, throughout a listening to in Washington, D.C., on Might 4, 2022. (Picture by Amanda Andrade-Rhoades for the Washington Put up through Getty Images)
Federal judicial nominees can anticipate a grilling on the regulation from Republican U.S. Sen. John Kennedy of Louisiana, a member of the Senate Judiciary Committee.
Kennedy, a lawyer who was an adjunct regulation professor at Louisiana State College, asks nominees about authorized ideas, the U.S. Structure, current U.S. Supreme Court docket circumstances and different authorized info.
Bloomberg Law has the story.
Nick Xenakis, former basic counsel for the Senate Judiciary Committee, advised Bloomberg Legislation that each nominee he spoke with earlier than their committee hearings was making an attempt to prepare for the “Kennedy quiz.”
Kennedy requested one nominee of President Joe Biden who later won confirmation, Sara E. Hill, to outline collateral estoppel, to distinction a keep order with an injunction, to elucidate multidistrict litigation and to reply questions on constitutional amendments, ABC 15 News reported in November.
However some nominees requested to withdraw their nominations following Kennedy’s questioning. Charnelle Bjelkengren, one other nominee of Biden, was considered one of them. In accordance with Bloomberg Legislation, she “flubbed a quiz about Articles II and V of the U.S. Structure.”
One other was former Federal Election Fee chair Matthew Petersen, a nominee of former President Donald Trump. In accordance with Bloomberg Legislation, he “wasn’t in a position to reply any Kennedy questions on trial process and the regulation. Petersen had completely practiced administrative regulation and by no means tried a case.”
Kennedy advised Bloomberg Legislation that he taught regulation college students for 15 years, “and these are the sorts of questions that I might anticipate my college students to know the reply to.”
However critics say Kennedy’s quizzes don’t replicate the realities of judging.
Kennedy “doesn’t appear to acknowledge that judges have entry to libraries,” stated Jake Faleschini, justice program director on the Alliance for Justice, in an interview with Bloomberg Legislation. “It’s much more vital that judicial nominees have the humility and analysis expertise to search for the problems in every case than to have memorized them earlier than a listening to.”
