Senate panel vets conservative judge’s nomination

WASHINGTON — President Donald Trump’s drive to fill the federal bench with conservative jurists continued apace Wednesday as the Senate Judiciary Committee held a confirmation hearing for Justin Walker, a newly minted federal judge nominated to serve on the D.C. Circuit Court of Appeals.

Before Walker’s confirmation as a federal judge in Kentucky, the American Bar Association had rated Walker as “not qualified” to be a judge given his lack of “significant court experience.”

Largely along party lines, the Senate confirmed him by a 50-41 vote in October.

Less than a year later, the bar association rated Walker, who had clerked for Supreme Court Justices Brett Kavanaugh and Anthony Kennedy, as “well qualified” to be an appellate judge. The ABA Standing Committee on the Federal Judiciary noted that its earlier rating did not reflect questions about Walker’s “temperament or integrity” and offered he “has great potential to serve as a federal judge.”

The panel found Walker’s academic credentials, legal scholarship and writing well-suited for the appellate court.

Judiciary Committee Democrats did not voice a similar change of heart.

During a hearing held in the Dirksen Senate Office Building, senators sat at safe distances from one another, with the occasional masked aide sitting behind them near a wall. Other senators participated remotely on camera.

While Republicans asked friendly questions about Walker’s storied resume, Democrats complained bitterly that Senate Majority Leader Mitch McConnell was devoting precious time that could be devoted to the coronavirus outbreak, not only to promote conservative judges, but specifically to install Walker, 37, a longtime Kentucky protege, in the highly influential D.C. circuit.

“We should — in the middle of a health care and an economic crisis — not be having a hearing on a partisan judicial nominee for a vacancy that won’t be available for 119 days,” said Sen. Chris Coons, D-Del., in a reference to the retirement date of Judge Thomas B. Griffith, whom Walker would replace.

“The Senate is thankfully ready to get back to regular business,” responded Carrie Severino of the conservative Judicial Crisis Network.

Walker’s criticism of Chief Justice John Roberts’ landmark decision that upheld President Barack Obama’s Affordable Care Act prompted Sen. Dick Durbin, D-Ill., to ask Walker to pledge to recuse himself from any cases involving Obamacare.

Walker declined.

A bearded Sen. Ted Cruz, R-Texas, asked Walker about a temporary restraining order the judge issued that stopped Louisville, Kentucky, Mayor Greg Fisher from banning drive-in Easter services.

“The Supreme Court has said over and over again that the law requires secular institutions and religious institutions to be treated equally,” Walker responded.

He added, “Constitutional rights don’t stop being constitutional rights even in a time of emergency.”

People for the American Way Vice President Marge Baker said the nomination should not move forward. “In the middle of a pandemic, the idea that Mitch McConnell would prioritize the advancement of a demonstrably anti-health care judicial nominee is outrageous,” she said.

But Severino anticipated Walker’s confirmation, saying, “This well-qualified rating from the liberal ABA shows that those opposing Justin Walker are either far-left ideologues or obstructionists looking to block qualified nominees who will fairly apply the law.”

Contact Debra J. Saunders at dsaunders@reviewjournal.com or 202-662-7391. Follow @DebraJSaunders on Twitter.