Sen. Cruz Applauds as White House Backtracks on Nomination of Two Unqualified Judicial Nominees

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), member of the Senate Judiciary Committee, issued the following statement after Spokane County Superior Court Judge Charnelle Bjelkengren and San Diego Superior Court Judge Marian Gaston have not be re-nominated to the federal district court bench by the Biden administration.

Following the failed nominations, Sen. Cruz said, “Since Judges Bjelkengren and Gaston were nominated to the federal bench, it’s been abundantly clear they lack the legal experience and judgement 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. 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.”

WATCH: Senator Cruz Obliterates Biden Judicial Nominees

BACKGROUND:

Judge Charnelle Bjelkengren, nominated to be United States District Judge for the Eastern District of Washington:

• Judge Bjelkengren was nominated to serve as a federal district judge despite having no experience practicing in federal court.
• When Judge Bjelkengren was asked for her 10 most significant litigated matters, she only had a career total of six, all of which were driver’s license or unemployment benefits matters.
• In one of her six litigated matters, Judge Bjelkengren lost to a pro se party (a person without a lawyer).
• Judge Bjelkengren has never tried a jury trial over the entirety of her career.
• Judge Bjelkengren is supported by liberal and dark money groups. Bjelkengren received Demand Justice’s “professionally diverse” moniker, without explaining how she met the label’s criteria.
• Judge Bjelkengren has minimal criminal experience and has only presided over approximately eighteen criminal jury or bench trials, out of total of 130 matters that have gone to verdict or judgment.
• During questioning of Judge Bjelkengren in the Senate Judiciary Committee, Judge Bjelkengren was unable to answer basic questions about the Constitution that any first-year law student would know, such as what Article V and Article II of the Constitution were.

Judge Marian F. Gaston, nominated to be United States District Judge for the Southern District of California:

• Judge Gaston lacks any experience in federal court. Further, all of Gaston’s judicial opinions from the state bench have been issued orally, with none in writing.
• Judge Gaston helped author of the 2008 California Coalition on Sexual Offending’s Position Paper on Sex Offender Residence Restrictions where she claimed that sex offender residency restrictions were too harsh, arguing “children are not safer because registered sex offenders are prohibited from residing near schools, parks, daycare centers, and other places where children tend to gather.”

• Judge Gaston advocated for repeal of these sex offender residency restrictions, contending “the conclusions and recommendations are that – difficult as it might be – laws that regulate where sex offenders may not live should be repealed or substantially modified in the interest of public safety.”

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