When it comes to selecting judicial nominees Joe Biden’s only concern is whether his selections will use their position to advance the radical woke left-wing agenda.
Like all Democrats, he wants federal judges who are laser focused on trampling on the Constitution and will of the people to achieve the left-wing dream of total authoritarian control.
But Senator John Kennedy completely humiliated one Biden judicial nominee with one basic question about the Constitution.
Kennedy questions Biden nominee on “Dormant Commerce Clause” amid California attack on pork industry
Republican Senator John Kennedy totally embarrassed Judge Ana de Alba during a confirmation hearing on Capitol hill recently.
The Biden nominee is up for consideration to fill a position on the Ninth Circuit Court of Appeals, but it might be a bit harder for her following the interaction with Kennedy.
De Alba is currently serving on a California federal district court, which might explain why she has problems answering basic questions about the Constitution.
Kennedy made a point to ask her about the “Dormant Commerce Clause” because of a recent ban on certain pork sales in her state.
Senator Kennedy, along with other Republican lawmakers, see the ban as unconstitutional, as they believe it places an “unduly burden” on interstate commerce without any supportive legislation from Congress.
This could have a major impact on the pork industry, and he wanted to get de Alba’s perspective on the case.
Her reaction to Kennedy’s line of questioning will tell you everything you know about Biden’s nominees.
Biden’s nominee promises to do more “research” and “be prepared…” in the future
“This has been in the news a lot lately, and you’ll probably see it if you’re confirmed to the Court of Appeal,” Kennedy said to de Alba. “Tell me about the ‘Dormant Commerce Claus.’”
“I’m somewhat familiar with the Commerce Claus, which is found in Article 1 of the Constitution,” she responded.
The Senator then cut to the chase.
“There was a big Supreme Court case that just came out of your state,” Kennedy added, implying the the judicial nominee knew more than she was leading on.
She apologized stating that in her “11 years of practice and 5 years on the bench” she had never dealt with the Dormant Commerce Clause.
De Alba attempted to do damage control by explaining that if she was confirmed, she’d be more prepared, but the Senator cut her off to ask if she meant she’d actually look up the clause after taking the bench.
“Look it up?” Kennedy shot back.
“Research it and, yeah, be prepared,” she responded.
That answer didn’t satisfy Senator Kennedy, though, and he continued to press her on the subject.
Judge de Alba fails to explain simple constitutional principles found in Article 1 of the Constitution
Kennedy moved past the current court case in California despite its major consequences.
He took a less specific approach and asked de Alba to explain “the Commerce Clause in general.”
“So, my understanding about the Commerce Clause… is that… it allows the legislature to create laws that allow for movement and things related to commerce in the United States and anything crossing state lines, things like that,” Judge de Alba said, struggling to explain a fundamentally basic legal concept most every first year law student could explain in their sleep.
The Republican Senator took that opportunity to highlight the importance of Congress in these circumstances.
“So, it allows Congress to regulate commerce?”
“Yes,” de Alba answered, but Kennedy asked her to specify “between whom” does it regulate commerce.
De Alba said that it gives Congress the power to regulate commerce between states, but she couldn’t expand on that answer.
She made it clear that she didn’t know very basic principles held in the U.S. Constitution.
US Political Daily will keep you updated on any developments to this ongoing story.