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Judicial Nominations

A Privilege to Support Judge Walker for the D.C. Circuit

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President Donald Trump has given us great judicial nominees throughout his presidency. It has indeed been the best group we have ever seen. The vast majority have a proven track record of being Constitutionalists who are committed to upholding the Constitution and laws as written.

But every once in a while, an exceptional talent comes along that stands out as someone with an extraordinary intellect and understanding of our history and ideals. Judge Justin Walker is such a jurist. He is President Trump’s nominee to the U.S. Court of Appeals for the D.C. Circuit, where Justice Kavanaugh used to serve. He currently serves as a federal district judge in the Western District of Kentucky.

As the nation wrestles with the constitutional limits of the power grab many mayors around the country are enjoying as the result of the coronavirus, Judge Walker stands out as a judge who understands the importance of our religious liberties as guaranteed by the First Amendment to the U.S. Constitution.

Going into Easter weekend, many mayors, including Kentucky’s Greg Fischer, wanted to prohibit Easter services, under threat of law.

On Holy Saturday, the day before Easter, the matter came before Judge Walker. A Church called “On Fire Christian Center” sued to enjoin Mayor Fischer from enforcing an executive order that prohibited them from gathering, even if they observe social distancing and also if they stayed in their cars and did a “drive-in church” service.

Judge Walker saw that for what it was, a great offense to the Constitution. He then proceeded to enter a temporary restraining order enjoining Mayor Fischer and the City of Louisville from enforcing compliance with their prohibition on “drive-in churches.” In doing so, he wrote a magnificent memorandum that showed complete command of the issue and highlighted its importance on our constitutional structure. I commend to you the entire document. Judge Walker did not hold back:

On Holy Thursday, an American mayor criminalized the communal celebration of Easter. That sentence is one that this Court never expected to see outside the pages of a dystopian novel, or perhaps the pages of The Onion. But two days ago, citing the need for social distancing during the current pandemic, Louisville’s Mayor Greg Fischer ordered Christians not to attend Sunday services, even if they remained in their cars to worship – and even though it’s Easter. The Mayor’s decision is stunning. And it is, “beyond all reason,” unconstitutional.

Judge Walker traced the history of religious discrimination that made us the great nation that we are. He wrote, “The Pilgrims were heirs to a long line of persecuted Christians, including some punished with prison or worse for the crime of celebrating Easter – and an even longer line of persecuted peoples of more ancient faiths.”

He explained the importance of religious freedom and the importance of Easter for Christians. He even showed great sensibility by noting that churches owed no explanation of their beliefs to the government.

The Christians of On Fire, however, owe no one an explanation for why they will gather together this Easter Sunday to celebrate what they believe to be a miracle and a mystery. True, they can attempt to explain it. True, they can try to teach. But to the nonbeliever, the Passion of Jesus – the betrayals, the torture, the state-sponsored murder of God’s only Son, and the empty tomb on the third day – makes no sense at all. And even to the believer, or at least to some of them, it can be incomprehensible as well. But for the men and women of On Fire, Christ’s sacrifice isn’t about the logic of this world. Nor is their Easter Sunday celebration. The reason they will be there for each other and their Lord is the reason they believe He was and is there for us. For them, for all believers, “it isn’t a matter of reason; finally, it’s a matter of love.”

Writing this way, Judge Walker displays great respect not only for the Constitution but also for religious communities (for Christians), which is unfortunately so rare with so many today.

That is why we should be ecstatic to see Judge Walker elevated to the D.C. Circuit. Let us pray for him and the attacks he will surely get for speaking boldly in favor of religious liberty.

Penny Nance with Attorney General Barr

2019, The Year of Judges

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As we continue to pray and fight against the unjust, politically motivated, unconstitutional impeachment of President Donald J. Trump, I want to take a moment and look back at the historic achievement we achieved in the area of judicial nominations. I do not want you to miss the important part you played in making this a historic year for the confirmations of federal judges.

Do not miss it. Your voice, through Concerned Women for America (CWA), is heard in Washington! When we speak on behalf or in opposition to a judge here, every senator knows that we have a mighty army of committed women standing strong for the values we represent. They take note, and they do everything to address the concerns we raise.

Recently, a high-level official sent a note of gratitude to CWA for our work on a very tough nomination calling us, “One of the best groups with which we work.” I know this is in reference to the very strategic, professional, energetic, and graceful way in which you engage at the state level and every time we send a call to action from D.C. Thank you!

Let me give you the historic numbers. I am writing to you as the U.S. Senate has adjourned for the Christmas break and has just confirmed 13 judges in a row to make the total of judges confirmed in 2019, 102. That is the second-highest number for confirmations in one year in U.S. history. All total, we have confirmed 187 under President Trump.

Some of the highlights for this year where you shined through CWA include the recently confirmed Lawrence VanDyke to the liberal Ninth Circuit Court of Appeals. Van Dyke is a Christian conservative with an incredible track record of support for the Constitution as written. Neomi Rao to the D.C. Circuit was also an important nomination that could not have happened without CWA’s influential voice. Let me also mention the important nomination of Attorney General William Barr, just to highlight the fact that your work has been important in the confirmation of important officials beyond judges. As you have probably seen, AG Barr’s contributions to the impeachment battle are becoming more and more important as he exposes the frightening abuse of power at the FBI and Department of Justice (DOJ) against then-candidate Donald Trump.

But back to judicial confirmations. Fifty of the 187 confirmations for President Trump have been to the Appellate Court, which given the small percentage of cases the Supreme Court takes, end up being more influential in the day to day administration of justice. These confirmations are important.

Three Circuits were totally “flipped” to have more judges appointed by Republican presidents than Democrats: the second, third, and eleventh. That is significant, but progress was made in all circuits.

Eighty were confirmed in district courts and seven more to other specialty courts. Compare that with just six confirmations to the district court in 2017 and 47 in 2018. No Supreme Court battle and an important rule change limiting the time for debate on district court nominees made that historic gain possible.

To compare President Trump’s 187 confirmations so far, consider President Barack Obama had 124, President George W. Bush had 169, President Bill Clinton 166, and President George H.W. Bush had 128 at the same time in their presidency.

But no discussion of President Trump’s legacy when it comes to judges is complete without mentioning Justices Neil Gorsuch and Brett Kavanaugh. These justices are serving with honor and distinction in the highest court in the land, and your involvement through CWA was instrumental to their confirmations.