Trump Judicial Pick ABA Rated Unqualified Advances in Senate

The Senate Judiciary Committee advanced a trial court nominee who received an unqualified rating for the position from the American Bar Association over her limited legal experience.

The Republican-led panel on Thursday approved Kathleen “Katie” Lane’s nomination to the US District Court for the District of Montana sending it to the full Senate by a vote along party lines.

The Republican National Committee lawyer and former Montana deputy solicitor general was the first judicial nominee in President Donald Trump’s second term to receive a “not qualified” rating. The ABA rated 10 nominees in Trump’s first term as unqualified.

Republicans have long chafed at ABA ratings, calling them biased and political. Judiciary Chairman Chuck Grassley (R-Iowa) said before voting on her nomination that Lane was a “great nominee” and uniquely qualified to serve in Montana based on her experience with land use, grazing rights, mining, and rural issues.

“I hope she wears her ABA rating as a badge of honor based on the history of stellar judges who received poor ABA ratings,” Grassley said.

Democrats opposed her nomination, calling her “ideological and inexperienced.”

“To think, 3,603 licensed attorneys in Montana and this is the best we can get for a lifetime appointment,” said Sen. Dick Durbin of Illinois, the top Democrat on the panel.

ABA Ratings

The ABA’s Standing Committee on the Federal Judiciary said in an April 7 letter that Lane lacked the 12 years of experience as an attorney that is standard for a federal trial court judgeship, and had insufficient courtroom and trial experience to compensate. She graduated from George Mason University’s Antonin Scalia Law School in 2017.

Although said to be light on experience, some of her other credentials are in line with judicial nominees of both parties.

For instance, she’s held federal clerkships on the Eastern District of Tennessee and for Judge Timothy M. Tymkovich of the US Court of Appeals for the Tenth Circuit.

Lane pointed to her clerkships and her current role at the RNC during her confirmation hearing in response to questions from Democratic senators about her lack of experience.

At the RNC, she currently manages over 100 cases in active litigation, Lane said.

She also has outside support. Twenty-four Republican attorneys general signed a letter backing her nomination.

In other votes, the nomination of former prosecutor and House lawyer Sheria Akins Clarke to the District of South Carolina also moved to the full Senate for consideration. Durbin, joined Sen. Sheldon Whitehouse (D-R.I.), and Sen. Chris Coons (D-Del.) in voting with Republicans to advance her nomination, 15-7.

Evan Rikhye, for the District of the Virgin Islands, also moved forward.

Social Posts

The nomination of Kara Marie Westercamp to the US Court of International Trade advanced along party lines. She’sa former Justice Department attorney who now works in the White House Counsel’s Office and drew attention for past social media posts attacking Republicans.

Westercamp apologized at her confirmation hearing for her posts against specific lawmakers over their opposition to or criticism of Trump at times.

Durbin said prior to her vote that she “clearly lacks the temperament to serve on the bench as a judge.”

Grassley said politically charged statements by nominees or their organizations are not unfamiliar to the committee, and have occurred with Democratic nominees as well.

Grassley said Westercamp has been a “diligent and capable attorney throughout her career.”

If confirmed, she would sit on the court presiding over litigation from parties seeking refunds after the US Supreme Court rejected Trump’s authority to issue sweeping tariffs on other countries.

Westercamp during her confirmation hearing said she couldn’t give specifics, but that she advised Trump on executive orders and other matters relating to tariffs.