Senate Confirms Ex-Kavanaugh Clerk Deemed 'Not Qualified' for the Bench by ABA
The American Bar Association deemed Justin Walker "not qualified" over a lack of trial experience.
October 24, 2019 at 02:42 PM
3 minute read
The original version of this story was published on National Law Journal
The Senate on Thursday confirmed Justin Walker, a former clerk for Justice Brett Kavanaugh who received a rare "not qualified" rating from the American Bar Association, for a seat on the U.S. District Court for the Western District of Kentucky.
Senate Majority Leader Mitch McConnell said ahead of Walker's vote that the nominee is an "outstanding choice." Walker is a litigator at Dinsmore & Shohl and teaches at the Brandeis School of Law at the University of Louisville. The vote was 50-41.
"His thoughtful and deliberate approach have fit the mold of a federal judge who, imagine this, will uphold the laws and the Constitution as they're actually written, not as he might wish them to be," McConnell said of Walker on the Senate floor.
But Senate Minority Leader Chuck Schumer, D-New York, raised concerns about Walker's qualifications.
"It seems the only reason Mr. Walker has been nominated for an austere judgeship is his membership in the Federalist Society and his far right-wing views on healthcare, civil rights and executive power," Schumer said during a floor speech Thursday. "Unfortunately, Walker is part of the well-established pattern of Republicans stacking the federal bench with manifestly unqualified judges."
Walker, 37, received the ABA ranking over his lack of experience, since he has never served as counsel on a trial. He defended his credentials during his confirmation hearing in July, saying his time spent teaching court procedures was enough to make up for that lack of practical experience.
"My role has been at times in the courtroom, but more often than not, exploring the law, writing about the law," he said at the time.
Walker earned about $95,300 from teaching law at the University of Louisville last year, on top of a $8,500 honorarium from the Federalist Society, according to a financial disclosure report.
Walker is at least the fourth confirmed judge tapped by President Donald Trump to receive the "not qualified" distinction. Sarah Pitlyk, whose nomination is under consideration, also recently received the determination.
Republicans on the Senate Judiciary Committee voted to advance Walker's nomination last week, while Democrats opposed it.
Walker clerked for Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit, and for Justice Anthony Kennedy. He attended Trump's announcement of Kavanaugh as the Supreme Court nominee last year.
Walker was an ardent defender of Kavanaugh during the justice's contentious confirmation last year, making dozens of media appearances in support of Kavanaugh as the now-justice faced allegations of sexual misconduct. Kavanaugh denied the claims.
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