WATCH: Sen. Kennedy Stumps Yet Another Biden Judicial Nominee With Some Basic Questions

Any judicial nominee named by Joe Biden knows he/she is going to have to answer questions in a hearing for the job, and they know that they’re going to have to face Sen. John Kennedy (R-LA) and his test of basic legal questions. Yet, Biden nominees invariably seem to have issues when it comes to those questions. 

On Wednesday, the Senate Judiciary Committee grilled Robin Meriweather, a nominee for the Court of Federal Claims.  She is currently a U.S. Magistrate Judge in the District Court for the District of Columbia. The Court of Federal Claims hears “primarily money claims founded upon the Constitution, federal statutes, executive regulations, or contracts, express or implied in fact, with the United States.”

Sen. Kennedy asked how many motions she had argued before the Court. Meriweather had to admit that she hadn’t argued any. He then asked how many cases she had tried in the Court of Federal Claims. Again, she had to admit that the answer was zero. Generally, if you’re naming someone to a court, you would hope they would have at least some experience in that court. 

“Tell me the grounds for granting a new trial in the Court of Federal Claims,” he next inquired. 

She said if presented with a motion for a new trial, she would consult the rules of the Court, but she didn’t answer the question and tell him the grounds for granting a new trial. 

“So what are the grounds for granting a new trial?” he asked again. 

“You said the rules are the same as in federal district court. I’m not sure that’s accurate. But just tell me, what are the grounds for granting a new trial in the Court of Federal Claims?” 

Meriweather finally had to admit that she didn’t know, “Senator, that is not an issue I have had occasion to consider before, despite my extensive civil experience and my familiarity not only with the Federal Rules of Civil Procedure, but I’ve also reviewed the rules of the Court of Federal Claims.”  She said she would review the rules if presented with the question. 

Kennedy then asked if she could tell him “one single ground” for granting a new trial in the federal district court or the Court of Federal Claims. 

Meriweather replied if there were a gross misapplication of the law by the court. 

“Anything else?” Kennedy asked. 

She didn’t answer that question and said she had not been presented with a motion to have a new trial. 

Then he asked her what a “contract of adhesion” was, another basic question. He said you would see a lot of that because it’s some of what the Court of Federal Claims deals with. 

She was completely stumped. She said despite her “extensive experience,” she didn’t know what it was. It’s a contract generally drawn up by one party that the other party doesn’t have a lot of control over, a sort of “take it or leave it” thing. 

“You’ll look it up,” Kennedy said, highlighting how she was responding when she couldn’t answer the question. 

Kennedy then asked her about cases where her decision was subsequently reversed, including one where she let a man out for 21 days for medical treatment on home incarceration who Kennedy said was charged with “traveling to engage in illegal sexual contact with a kid.” She disputed his characterization of the case, but Kennedy said that wasn’t the way he was reading it. 

Kennedy has nailed multiple nominees before with his test. A prior Biden nominee recently withdrew her nomination in the face of failing the Kennedy test when she couldn’t answer what Article 5 and Article 2 of the Constitution are, 

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  1. Another DEI failure. Way to go Senator Kennedy for proving biden nominees are not qualified for the positions the idiot in chief nominates them for.

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