Austin News

WASHINGTON, D.C. – The White House has backtracked on the nominations of two judicial candidates, Spokane County Superior Court Judge Charnelle Bjelkengren and San Diego Superior Court Judge Marian Gaston, after facing criticism from U.S. Senator Ted Cruz. Senator Cruz applauded the decision, stating that both nominees lacked the necessary legal experience and judgment to serve on the federal district court bench.

In a statement, Senator Cruz expressed his concerns about the qualifications of the nominees, saying, "Since Judges Bjelkengren and Gaston were nominated to the federal bench, it’s been abundantly clear they lack the legal experience and judgment necessary to serve. Given the significant weight of judicial decisions made at the federal level, this is not the place for on-the-job training of radical and unqualified nominees."

Senator Cruz emphasized the importance of nominating qualified individuals who have extensive experience practicing in federal court and can earn widespread bipartisan support in the Senate. He called on the Biden administration to name genuinely qualified nominees to fill the vacant seats.

The background of Judge Charnelle Bjelkengren reveals several concerns about her qualifications. Despite being nominated to serve as a federal district judge, she has no experience practicing in federal court. In fact, when asked for her ten most significant litigated matters, she could only provide a total of six, all of which were driver's license or unemployment benefits matters. In one of those six cases, Judge Bjelkengren even lost to a pro se party. Furthermore, she has never tried a jury trial throughout her career. Judge Bjelkengren's support from liberal and dark money groups has also raised eyebrows, as she received Demand Justice's "professionally diverse" moniker without explaining how she met the label's criteria. Additionally, during questioning in the Senate Judiciary Committee, she was unable to answer basic questions about the Constitution that any first-year law student would know.

Similarly, Judge Marian Gaston's qualifications have been called into question. She lacks any experience in federal court, with all of her judicial opinions from the state bench being issued orally and none in writing. Judge Gaston's involvement in the authorship of the 2008 California Coalition on Sexual Offending's Position Paper on Sex Offender Residence Restrictions has also raised concerns. In the paper, she argued that sex offender residency restrictions were too harsh and advocated for their repeal or substantial modification in the interest of public safety.

The decision to backtrack on the nominations of Judges Bjelkengren and Gaston is a significant step in ensuring that qualified and experienced individuals are appointed to the federal district court bench. Senator Cruz's criticism highlights the importance of upholding the standards required for such positions and avoiding the appointment of unqualified candidates.

As the process continues, it is crucial for the Biden administration to carefully consider the qualifications and experience of potential nominees, ensuring that they have a strong background in federal court and can garner bipartisan support. The judicial system plays a vital role in upholding the rule of law, and it is essential to have competent and qualified judges who can make well-informed decisions.

In the words of Senator Cruz, "The Biden administration must name genuinely qualified nominees to fill these vacant seats who have extensive experience practicing in federal court and can earn widespread bipartisan support in the Senate."