Last week, the Senate advanced the nomination for a lifetime tenured position of a 37-year-old associate professor, who had been rated “not qualified” by the American Bar Association. Justin Walker, the prospective judge in question, has never tried a case. He’s never been co-counsel in a case. His principal qualification for a federal district court judgeship seems to be his important legal work spent “conducting over 70 interviews in which he challenged the account of Christine Blasey Ford.” He’s a TV judge whom Mitch McConnell somehow touted as “unquestionably the most outstanding nomination that I’ve ever recommended to Presidents to serve on the bench in Kentucky.” Despite his lack of any judicial qualifications and the once-rare not-qualified ABA rating, every Republican on the Judiciary Committee voted to advance his nomination while Democrats broke against him. As Jennifer Bendery noted here, “in his entire eight years in the White House, President Barack Obama didn’t nominate anyone to be a lifetime federal judge who earned a ‘not qualified’ ABA rating.” Walker was Trump’s fourth. And on Thursday, the Senate is poised to vote on the fifth, Sarah Pitlyk, nominated to a seat on the U.S. District Court for the Eastern District of Missouri.
Like Walker, Pitlyk hasn’t generated much attention, despite the fact that she too has no trial experience whatsoever, which is what earned her the ABA’s not-qualified rating. “Ms. Pitlyk has never tried a case as lead or co-counsel, whether civil or criminal. She has never examined a witness,” the ABA said in a letter to the Senate Judiciary Committee. The absence of any work in litigation was once disqualifying for putative nominees, even in the eyes of some Republicans (you may recall that Sen. John Kennedy (R-Louisiana) was once bothered by such trivial matters). Now the fact of no experience is used by defenders to say that others with thin records have been confirmed so why not? We have now reached a newer threshold, in which Senate Republicans object not to a nominee’s lack of judicial experience, but only to their failure to hew perfectly to the Federalist Society template for judicial acceptability.
Like many nominees who have been advanced before her, Pitlyk’s primary legal work has consisted of attacks on abortion rights, tempered by attacks on constitutionally protected contraception rights, leavened by other attacks on abortion, and supported with her work defending David Daleiden—the author of a vicious smear campaign against Planned Parenthood, based on fake videos of Planned Parenthood officials appearing to negotiate the sale of aborted fetal body parts.