Judge Justin Walker, Deemed 'Not Qualified' by ABA, Is Trump's Pick for DC Circuit
The ex-Kavanaugh clerk was criticized for his lack of trial experience during his confirmation to the trial court.
April 03, 2020 at 10:10 AM
4 minute read
The original version of this story was published on National Law Journal
U.S. District Judge Justin Walker, who joined the bench last year despite criticism over his lack of trial experience, is President Donald Trump's pick to fill a soon-to-be-empty seat on the U.S. Court of Appeals for the D.C. Circuit.
Walker, 38, currently a judge for the U.S. District Court for the Western District of Kentucky, is widely praised by conservatives, including Senate Majority Leader Mitch McConnell. He will fill the seat currently held by Judge Thomas Griffith, whose departure from the court was announced in February.
Trump has confirmed judges to federal appeals courts at a record-breaking pace over the past three years. Walker will be the president's third nominee to the D.C. Circuit, often considered the most influential appeals court in the country as it frequently presides over challenges to federal agencies.
However, if confirmed, Walker wouldn't change the overall composition of the circuit, as seven Democratic-tapped active judges sit on the bench compared to four judges appointed by Republicans, including Griffith. Trump has appointed two other people to the bench, Judges Gregory Katsas and Neomi Rao.
He would also join a tradition of judges from federal courts in other parts of the country coming on board the D.C. appellate bench.
Walker clerked for Justice Brett Kavanaugh while Kavanaugh sat on the D.C. Circuit, and was a fervent defender of the justice during his 2018 confirmation process as Kavanaugh faced allegations of sexual misconduct. Walker also clerked for former Justice Anthony Kennedy.
Walker was previously a litigator at Dinsmore & Shohl and taught at the Brandeis School of Law at the University of Louisville.
Walker received a rare "not qualified" rating from the American Bar Association last year over his lack of experience, including never having been a counsel during trial. Senate Democrats also raised concerns about Walker's lack of experience.
During his confirmation hearing last July, Walker defended his credentials, pointing to his time teaching about court procedures. The Senate confirmed Walker to the bench in October with a vote of 50-41.
Walker's investiture ceremony for his Kentucky clerkship was held in Louisville last month. Both McConnell and Kavanaugh delivered remarks, and the justice administered the oath to Walker.
"I was impressed with Justin from the first moment that I met him. But I couldn't lure him into public service right away, there was a problem," McConnell said at the ceremony. "He still had to graduate from high school."
At the ceremony in Kentucky, Walker described how, when he was 8 years old, he asked his mother why they had a lawn sign for McConnell.
"My mom said, 'We have this yard sign because this election is important,'" Walker recalled. "I got to hand it to you Mom, it has been extremely important to me that Kentucky's senior senator is Mitch McConnell."
Read more:
Senate Confirms Ex-Kavanaugh Clerk Deemed 'Not Qualified' for the Bench by ABA
Ignored or Attacked, ABA Committee Persists in Ranking Judicial Nominees
Ex-Kavanaugh Clerk Deemed 'Not Qualified' for Bench Defends His Nomination
Ex-Kavanaugh Clerk Justin Walker Gets Trump Nod for Kentucky Court
Kavanaugh's Clerk Hires: Inside the Diverse, Ivy-Heavy Group of 48
No Federalist Society or American Constitution Society Judges? Judiciary Considers Membership Ban
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