Justin Walker (U.S. Court of Appeals)
2020 - Present
5
Justin R. Walker is a judge on the U.S. Court of Appeals for the D.C. Circuit. He was nominated to the court by President Donald Trump (R) on May 4, 2020, and confirmed by the United States Senate on June 18, 2020, by a vote of 51-42.[1] He received commission on September 2, 2020.[2] To see a full list of judges appointed by Donald Trump, click here.
The U.S. Court of Appeals for the D.C. Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. The U.S. District Court for the Western District of Kentucky is one of 94 U.S. District Courts. They are the general trial courts of the United States federal courts. To learn more about the courts, click here.
Walker was a judge on the U.S. District Court for the Western District of Kentucky from 2019 to 2020. He was nominated by President Trump on June 24, 2019, and confirmed by the U.S. Senate on October 24, 2019.
Walker was a law clerk to then-D.C. Circuit Court Judge Brett Kavanaugh from 2010 to 2011. He also clerked for U.S. Supreme Court Justice Anthony Kennedy from 2011 to 2012.
Judicial nominations and appointments
U.S. Court of Appeals for the D.C. Circuit
- See also: Federal judges nominated by Donald Trump
On May 4, 2020, President Donald Trump (R) nominated Walker to a seat on the U.S. Court of Appeals for the D.C. Circuit.[3] The U.S. Senate confirmed Walker on June 18, 2020, by a vote of 51-42.[1] He received commission on September 2, 2020.[4] To read more about the federal nominations process, click here.
 |
| Nominee Information |
| Name: Justin Walker |
| Court: United States Court of Appeals for the District of Columbia Circuit |
| Progress |
| Confirmed 45 days after nomination. |
 Nominated: May 4, 2020
|
| ABA Rating: Majority well qualified / Minority qualified / Minority not qualified
|
| Questionnaire: Questionnaire |
| Hearing: May 6, 2020
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: June 4, 2020
|
| Confirmed: June 18, 2020
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| Vote: 51-42
|
Confirmation vote
The U.S. Senate confirmed Walker on June 18, 2020, on a vote of 51-42.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Justin Walker confirmation vote (June 18, 2020) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
0 | 40 | 5 | ||||||
 Republican |
51 | 1 | 1 | ||||||
 Independent |
0 | 1 | 1 | ||||||
| Total | 51 | 42 | 7 | ||||||
Senate Judiciary Committee hearing
The Senate Judiciary Committee held a hearing for Walker's nomination on May 6, 2020.[5] Democratic committee members had asked Chairman Lindsey Graham (R-S.C.) to delay the hearing due to the coronavirus pandemic.[6] The committee voted 12-10 on June 4, 2020, to advance Walker's nomination to the full Senate.[7]
ABA rating
The American Bar Association rated Walker well qualified by a majority, qualified by a minority, and not qualified by a minority with one recusal.[8] To read more about ABA ratings, click here.
In a letter to the Senate Judiciary Committee, the ABA's Standing Committee on the Federal Judiciary Chair William C. Hubbard, said the standing committee viewed circuit court nominations differently from district court nominations. Citing the committee's Backgrounder, Hubbard said the committee focused less on trial experience when considering a circuit court nominee's qualifications.
Hubbard wrote, "The Standing Committee believes that Judge Walker possesses a keen intellect, and his writing ability is exemplary. Judge Walker also has significant appellate experience, having clerked for both the D.C. Circuit and the Supreme Court of the United States. ... A majority of the Standing Committee concluded that Judge Walker’s varied accomplishments as a law clerk, law professor, and now as a district judge offset concerns about his years of practicing law."[9]
Nomination
On April 3, 2020, President Donald Trump (R) announced his intent to nominate Walker to a seat on the U.S. Court of Appeals for the D.C. Circuit.[10] The president officially nominated Walker on May 4.[3]
Walker was nominated to replace Judge Thomas Griffith, who retired on September 1, 2020.
Walker received support from Sen. Mitch McConnell (R-Kentucky), who said Walker was "an outstanding legal scholar and a leading light in a new generation of federal judges."[11]
According to The Washington Post, Walker was the youngest nominee to the D.C. Circuit since 1983.[12]
U.S. District Court for the Western District of Kentucky (2019-2020)
- See also: Federal judges nominated by Donald Trump
On June 24, 2019, President Donald Trump (R) nominated Walker to a seat on the U.S. District Court for the Western District of Kentucky.[13] The U.S. Senate confirmed Walker October 24, 2019, by a 50-41 vote.[14] He received commission on October 25, 2019. Walker left the Western District of Kentucky on June 18, 2020, after he was elevated to the United States Court of Appeals for the District of Columbia Circuit.[15] To read more about the federal nominations process, click here.
Confirmation vote
The U.S. Senate confirmed Walker on October 24, 2019, on a vote of 50-41.[14] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Walker confirmation vote (October 24, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
| Democratic |
0 | 40 | 5 | ||||||
| Republican |
50 | 0 | 3 | ||||||
| Independent |
0 | 1 | 1 | ||||||
| Total | 50 | 41 | 9 | ||||||
Change in Senate rules
Walker was confirmed to a U.S. District Court under a new precedent the Senate established.
On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[16]
The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[17]
It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[18] For more, see Filibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
Walker had his hearing before the Senate Judiciary Committee on July 31, 2019.[19] On October 17, 2019, the committee voted 12-10 to advance Walker's nomination to the full U.S. Senate.[20]
ABA rating
The American Bar Association (ABA) rated Walker not qualified by a substantial majority and qualified by a minority.[21] To read more about ABA ratings, click here.
In a letter to Sens. Lindsey Graham (R-S.C.) and Dianne Feinstein (D-Ca.), the ABA explained the rating: "The Standing Committee believes that Mr. Walker does not presently have the requisite trial or litigation experience or its equivalent." The letter said the committee "does not have any questions about Mr. Walker’s temperament or integrity."[22]
In a hearing before the Senate Judiciary Committee on July 31, Sens. Graham and Feinstein asked Walker about the rating. Walker said, "I can analyze the kind of complex legal questions judges do. I would encourage you not to just take my word for it but the word of 200 litigators from my local community that I have the temperament, background and experience."[23]
Utah Sen. Mike Lee (R) defended Walker, saying he would "come to the federal district court well prepared to deal with in many ways the most difficult part of the job—dealing with dispositive motions."[23]
Nomination
On June 19, 2019, President Donald Trump (R) announced his intent to nominate Walker to a seat on the U.S. District Court for the Western District of Kentucky.[24] The president officially nominated Walker on June 24, 2019.[13]
Walker was nominated to succeed Judge Joseph McKinley, who assumed senior status on June 9, 2019.[25]
Sen. Mitch McConnell (R-Ky.) said of Walker's nomination, "Justin is a principled attorney, a prominent legal scholar, and will make an outstanding federal judge. He has already had a remarkable career and has shown a deep commitment to our constitutional order."[25]
Early life and education
Walker was born in 1982 in Louisville, Kentucky. He obtained a B.A., summa cum laude, in political science from Duke University in 2004. He earned a J.D., magna cum laude, from Harvard Law School in 2009. During his legal studies, Walker was a notes editor of the Harvard Law Review.[24][26][27]
Professional career
- 2020-present: Judge, U.S. Court of Appeals for the D.C. Circuit
- 2019-2020: Judge, U.S. District Court for the Western District of Kentucky
- 2019: Partner of counsel, Dinsmore & Shohl LLP in Louisville, Kentucky
- 2015-2019: University of Louisville Brandeis School of Law
- 2019: Associate professor of law
- 2015-2019: Assistant professor of law
- 2013-2019: Attorney and advisor, Justin Walker, Esq.
- 2012-2013, 2009-2010: Associate, Gibson, Dunn & Crutcher LLP in Washington, D.C.
- 2011-2012: Law clerk to Justice Anthony Kennedy, Supreme Court of the United States
- 2010-2011: Law clerk to Justice Brett Kavanaugh, United States Court of Appeals for the District of Columbia Circuit[24][27]
Associations
- Member, District of Columbia Bar Association
- Member, The Federalist Society
- Member, Kentucky Bar Association[27]
About the court
District of Columbia Circuit
| District of Columbia Circuit |
|---|
| Court of Appeals |
|
| Judgeships |
| Posts: 11 |
| Judges: 11 |
| Vacancies: 0 |
| Judges |
| Chief: Sri Srinivasan |
| Active judges: Julianna Michelle Childs, Bradley Garcia, Karen Henderson, Greg Katsas, Patricia Ann Millett, Florence Pan, Cornelia T. L. Pillard, Neomi Rao, Srikanth Srinivasan, Justin Walker, Robert Leon Wilkins Senior judges: |
The United States Court of Appeals for the District of Columbia Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from the United States District Court for the District of Columbia and its rulings may be appealed to the Supreme Court of the United States.
This court should not be confused with the District of Columbia Court of Appeals, which is equivalent to a state supreme court in the District of Columbia, or with the Federal Circuit Court of Appeals, whose jurisdiction is limited by subject matter. Appeals are heard in the E. Barrett Prettyman Federal Courthouse in Washington, D.C.
Eight judges of the District of Columbia Circuit went on to serve on the Supreme Court of the United States: Fred M. Vinson, Wiley Rutledge, Warren Burger, Ruth Bader Ginsburg, Antonin Scalia, Clarence Thomas, John Roberts, and Brett Kavanaugh.
The United States Court of Appeals for the District of Columbia Circuit has appellate jurisdiction over cases heard by the D.C. Circuit. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the D.C. Circuit are petitioned to the Supreme Court of the United States. Chief Justice John Roberts is the circuit justice for the D.C. Circuit.
Because of the nature of its jurisdiction, the ideologies of the judges who serve on the District of Columbia Circuit is often a partisan issue.[28]
To read opinions published by this court, click here.
Western District of Kentucky
| Western District of Kentucky |
|---|
| Sixth Circuit |
|
| Judgeships |
| Posts: 5 |
| Judges: 5 |
| Vacancies: 0 |
| Judges |
| Chief: Greg N. Stivers |
| Active judges: Benjamin Joel Beaton, Claria Horn Boom, David J. Hale, Rebecca Grady Jennings, Greg N. Stivers Senior judges: |
The United States District Court for the Western District of Kentucky is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Sixth Circuit based in downtown Cincinnati at the Potter A. Stewart Federal Courthouse and Building.
The Western District of Kentucky has five authorized judicial posts. The chief judge of the court is Greg N. Stivers, who was appointed by President Barack Obama (D). Three of the judges on the court were appointed by Donald Trump (R).
The Western District of Kentucky has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
There are four court divisions, each covering the following counties:
The Bowling Green Division, covering Adair, Allen, Barren, Butler, Casey, Clinton, Cumberland, Edmonson, Green, Hart, Logan, Metcalfe, Monroe, Russell, Simpson, Taylor, Todd, and Warren counties.
The Louisville Division, covering Breckinridge, Bullitt, Hardin, Jefferson, Larue, Marion, Meade, Nelson, Oldham, Spencer, and Washington counties.
The Owensboro Division, covering Daviess, Grayson, Hancock, Henderson, Hopkins, McLean, Muhlenberg, Ohio, Union, and Webster counties.
The Paducah Division, covering Ballard, Caldwell, Calloway, Carlisle, Christian, Crittenden, Fulton, Graves, Hickman, Livingston, Lyon, McCracken, Marshall, and Trigg counties.
To read opinions published by this court, click here.
The federal nomination process
Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:
- The president nominates an individual for a judicial seat.
- The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
- The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
- As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
- After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
- If approved, the nominee is voted on by the full Senate.
- If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
- The Senate holds a vote on the candidate.
- If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
- If the Senate does not confirm the nomination, that nominee does not become a judge.
Noteworthy cases
On Fire Christian Center, Inc. v. Fischer (2020)
On Fire Christian Center, Inc. v. Fischer: On April 10, 2020, On Fire Christian Church filed a lawsuit against Louisville Mayor Greg Fischer. Fischer issued an order on April 7 prohibiting drive-in church services during Easter weekend. U.S. District Judge Justin Walker ruled in favor of the church but said that his ruling did not apply to other churches in the city. Representatives for the church said that they had been hosting drive-in services in their parking lot in order to adhere to the Centers for Disease Control and Prevention guidelines for several weeks. As part of his order, Fischer said he wanted to prevent citizens from driving around town and spreading the virus.[29][30]
See also
- United States District Court for the Western District of Kentucky
- United States Court of Appeals for the 6th Circuit
- United States Court of Appeals for the District of Columbia Circuit
External links
- Search Google News for this topic
- United States District Court for the Western District of Kentucky
- United States Court of Appeals for the 6th Circuit
- United States Court of Appeals for the District of Columbia Circuit
- Biography from the Federal Judicial Center
- CV from Dinsmore & Shohl, LLP
- Profile from the University of Louisville (archived April 2019)
Footnotes
- ↑ 1.0 1.1 1.2 United States Senate, "Vote Summary: PN1748–Justin Walker," accessed June 18, 2020
- ↑ Federal Judicial Center, "Walker, Justin Reed," accessed September 3, 2020
- ↑ 3.0 3.1 Congress.gov, "PN1748 — Justin Reed Walker — The Judiciary," accessed May 5, 2020
- ↑ Federal Judicial Center, "Walker, Justin Reed," accessed September 3, 2020
- ↑ Senate Judiciary Committee, "Nominations," May 6, 2020
- ↑ CNN, "Senate moves quickly on hearing for 37-year-old federal court nominee Justin Walker," May 6, 2020
- ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," June 4, 2020
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed May 5, 2020
- ↑ American Bar Association, "Letter Re: Nomination of Justin Reed Walker to the United States Court of Appeals for the District of Columbia Circuit," May 5, 2020
- ↑ WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominee," April 3, 2020
- ↑ Mitch McConnell, Senate Majority Leader, "McConnell: 'Outstanding Nominations That Will Strengthen Our Independent Judiciary for Decades,'" April 3, 2020
- ↑ The Washington Post, "Trump taps former Kavanaugh clerk to fill vacancy on powerful D.C. appeals court," April 3, 2020
- ↑ 13.0 13.1 WhiteHouse.gov, "Thirteen Nominations and One Withdrawal Sent to the Senate," June 24, 2019
- ↑ 14.0 14.1 Congress.gov, "PN898 — Justin Reed Walker — The Judiciary," accessed October 25, 2019
- ↑ Federal Judicial Center, "Biography of Justin Walker," accessed June 22, 2020
- ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
- ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
- ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
- ↑ Senate Judiciary Committee, "Nominations," July 31, 2019
- ↑ U.S. Senate Committee on the Judiciary, "Results of the Executive Business Meeting," October 17, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed July 31, 2019
- ↑ American Bar Association, "Letter Re: Nomination of Justin R. Walker to the United States District Court for the Western District of Kentucky," July 30, 2019
- ↑ 23.0 23.1 The National Law Journal, "Ex-Kavanaugh Clerk Deemed 'Not Qualified' for Bench Defends His Nomination," July 31, 2019
- ↑ 24.0 24.1 24.2 WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees and United States Attorney Nominee," June 19, 2019
- ↑ 25.0 25.1 Louisville Courier Journal, "Trump nominates former Brett Kavanaugh clerk for federal judge in Kentucky," June 20, 2019
- ↑ Dinsmore & Shohl, LLP, "Justin Walker resume," accessed June 21, 2019
- ↑ 27.0 27.1 27.2 Senate Judiciary Committee, "Questionnaire for judicial nominees: Justin Reed Walker," accessed July 31, 2019
- ↑ Wall Street Journal, "Why D.C. Circuit, at Center of Nominee Fight, Is So Important," November 20, 2013
- ↑ WDRB, "Judge grants Louisville church's temporary restraining order against Mayor Fischer to allow drive-in service," April 11, 2020
- ↑ WDRB, "Mayor Fischer laments 'painful' time as drive-thru church services won't be allowed for Holy Week," April 7, 2020
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the District of Columbia Circuit 2020-Present |
Succeeded by - |
| Preceded by - |
United States District Court for the Western District of Kentucky 2019-2020 |
Succeeded by - |
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