Senate Confirms Another Kavanaugh Clerk the ABA Deemed 'Not Qualified' for the Bench
The American Bar Association cited Sarah Pitlyk's lack of trial and litigation experience for issuing the rating.
December 04, 2019 at 03:01 PM
4 minute read
Sarah Pitlyk testifies before the Senate Judiciary Committee during her confirmation hearing to be U.S. District Judge for the Eastern District of Missouri, on Sept. 25. Photo: Diego M. Radzinschi/ALM
The Senate has confirmed another former Brett Kavanaugh clerk to the federal bench after she received a "not qualified" rating from the American Bar Association.
Sarah Pitlyk will now be a judge for the U.S. District Court for the Eastern District of Missouri after the Senate confirmed her nomination 49-44 Wednesday.
Liberal groups and lawmakers staunchly opposed her confirmation, pointing to Pitlyk's lack of experience in trial court and her work for anti-abortion activists.
That lack of litigation experience was also the subject of the ABA's "not qualified" rating. "Ms. Pitlyk's experience to date has a very substantial gap, namely the absence of any trial or even real litigation experience," William Hubbard, the chairman of the ABA's Standing Committee on the Federal Judiciary, wrote to the Senate Judiciary Committee.
Senate Republicans and other conservatives have questioned the ABA's influence after it deemed a number of Trump judicial nominees "not qualified." Democrats have defended the nonpartisan group against those charges.
The Senate only narrowly advanced Pitlyk's nomination Tuesday, voting 50-43 to close debate.
And during floor remarks Tuesday, Senate Judiciary Committee Ranking Member Sen. Dianne Feinstein said "Pitlyk's record is extremely troubling and raises a number of questions about her ability to be a fair and impartial judge."
The California Democrat pointed to unfounded claims that Pitlyk has made in legal briefs, such as one last year where the nominee said "racism plays a profound role in the delivery of abortion services."
"I think it is disqualifying for any judicial nominee to make unfounded and unsupported claims, especially in a court of law," Feinstein said.
Republican Sen. Susan Collins also said she would oppose Pitlyk's confirmation.
Pitlyk currently works for the Thomas More Society, which says it is "dedicated to restoring respect in law for life, family, and religious liberty."
She has been involved in the defense of anti-abortion activists who recorded hidden camera footage aimed at discrediting Planned Parenthood. A federal jury last month ruled against the activists, and awarded Planned Parenthood a $2 million judgement. Pitlayk filed a notice of withdrawal from that case Tuesday, saying she will no longer be employed at the center.
Pitlyk also clerked for Kavanaugh when he was a judge on the U.S. Court of Appeals for the D.C. Circuit. She was a staunch defender of the now-justice during his contentious nomination proceedings last year, when he faced allegations of sexual misconduct.
She is not the only former Kavanaugh clerk with a "not qualified" ranking to be confirmed to the federal bench. The Senate earlier this year confirmed Justin Walker to a seat in the Western District of Kentucky, after he received the rating over a lack of trial experience.
Correction: This story has been updated to correct the firm where Pitlyk is currently employed.
Read more:
Ignored or Attacked, ABA Committee Persists in Ranking Judicial Nominees
Senate Confirms Ex-Kavanaugh Clerk Deemed 'Not Qualified' for the Bench by ABA
'Arrogant,' 'Lazy,' 'Ideologue': Another Trump Nominee Gets 'Not Qualified' ABA Rating
Steven Menashi's Confirmation Flips Second Circuit to GOP-Appointed Majority
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