Biden’s judicial nominee appears confused by basic legal terms: ‘I’m not sure’ – LSB

A candidate for district judge in Oklahoma struggled during her nomination hearing Wednesday to define basic terms for orders regularly issued by judges.

Sarah E. Hale, nominated by President Biden to be judge for the Northern District of Oklahoma, was questioned by Sen. John F. Kennedy, R-La., in the Senate Judiciary Committee about basic legal and constitutional terms and definitions — a practice that has become standard for him in recent months after he Many candidates do so Struggle to pass His tests.

When Kennedy asked Hill about the difference between a “stay” order and an “injunction” order — two orders frequently issued by federal courts — Hill stumbled over her answers.

“A stay order would prevent, sorry. An injunction would prevent the parties from taking any action. A stay order… I’m not sure I can, actually, give you that,” she said.

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Sarah Hale and John Kennedy at a Senate hearing

Biden’s judicial nominee Sarah E. Hill was questioned by Sen. John Kennedy of Louisiana on Wednesday. (Fox News)

A restraining order is a court order that prohibits any party in a case from performing or ordering a specific action while the case is ongoing, either temporarily or permanently, and is sometimes referred to as a temporary restraining order.

A stay order is issued to stop the legal proceedings of a case in court.

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Louisiana Republican Senator John Kennedy

Sin. John Kennedy, R-LA. (Eric Lee/Bloomberg via Getty Images/File)

Cary Severino, a constitutional lawyer and president of the Judicial Crisis Network, commented on X (formerly Twitter) about the exchange by saying: “How could an individual who wants to be a federal judge not know that?”

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Senator John Kennedy of Louisiana

Sen. John Kennedy, R-Los Angeles, stopped to speak with reporters upon his arrival at the Capitol. (Bill Clark/CQ-Roll Call Inc. via Getty Images)

“Stays and injunctions come before district judges all the time. This is not a trick question,” she added.


Severino noted that at the end of the Kennedy investigation, committee chairman Sen. Dick Durbin, D-Ill., then congratulated Hill on “passing the Kennedy bar exam” — talk about rating on a curve!

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