Kennedy to Biden Judicial Nominee: 'Tell Me What Article V of the Constitution Does' (January 25, 2023)

Sen. John Kennedy opened with a question about the Constitution, and President Joe Biden’s judicial nominee could not answer it. “‘Tell me what Article V of the Constitution does,’ Kennedy asked as he began his round of questioning. ‘Article V is not coming to mind at the moment,’ Bjelkengren replied,” NBC News reported of the Senate Judiciary Committee hearing on Jan. 25, 2023 [1].

“‘How about Article II?’ Kennedy asked. Bjelkengren replied that didn’t come to mind for her either,” NBC News reported [1].

The nominee was Spokane County Superior Court Judge Charnelle Bjelkengren, picked for a federal judgeship in the Eastern District of Washington [1]. “Bjelkengren became the first female African American judge in Spokane County when she was appointed to the bench by Gov. Jay Inslee in 2019,” the Spokesman-Review reported [2].

The video above shows the exchange on Jan. 25, 2023. Quotes are from NBC News and The Spokesman-Review [1][2].

”Not Coming to Mind”

NBC News spelled out what she had missed. “Article V of the Constitution outlines the process for amending the founding charter, and Article II details the executive powers vested in the president of the United States,” it reported [1].

Kennedy kept going. “Kennedy then grilled Bjelkengren on whether she knew about ‘purposivism’ — an approach to interpreting statutory law,” NBC News reported. “Bjelkengren did not know what ‘purposivism’ was either.” [1]

“I Was Not Faced With That Precise Question”

Bjelkengren defended her record. “In my 12 years as an assistant attorney general, in my nine years as a judge, I was not faced with that precise question,” she said, according to NBC News. “We are the highest trial court in Washington state, so I’m frequently faced with issues that I’m not familiar with, and I thoroughly review the law, I research, and apply the law to the facts presented to me.” [1]

“Well, you’re going to be faced with it as a — if you’re confirmed,” Kennedy responded. “I can assure you of that.” [1]

A Democratic Senate

Democrats had the votes. “It is unclear whether Bjelkengren’s inability to answer Kennedy’s questions will affect her chances of confirmation now that Democrats have a full majority on the floor and in committees,” NBC News reported. “If she gets all Democratic votes on the Senate Judiciary Committee, and 50 votes on the Senate floor, she will be confirmed.” [1]

She never got that floor vote [2].

”Anywhere Near a Park Bench”

After the hearing, Kennedy spoke to NBC News. “Some of these nominees that have been forced in the last two years have no business being anywhere near a federal bench — they don’t have any business being anywhere near a park bench,” he said [1].

“I don’t ask the nominees, ‘Do you support this precedent or you support that precedent?’ I asked them to tell me about the law, tell me what the Constitution says, tell me about the relationship between the federal judiciary and our administrative agencies. These are all very basic questions,” Kennedy said [1].

”Flunked”

Senate Republican Leader Mitch McConnell piled on. “In a speech on the Senate floor Jan. 31, Senate Minority Leader Mitch McConnell of Kentucky said she had ‘flunked’ questions on subjects that ‘high schoolers across America learn each year,’” The Spokesman-Review reported [2].

Democrats came to her defense. “Democrats, like Sen. Patty Murray, defended her, noting she was rated as ‘qualified’ by the American Bar Association,” the paper reported [2].

A Trump Nominee Withdrew, Too

Kennedy’s questions had sunk a nominee before. NBC News noted that Matthew Petersen, “a lawyer and former Federal Election Commission chairman nominated by then-President Donald Trump to serve on the U.S. District Court for D.C. withdrew from consideration in 2017 following a cringeworthy exchange with Kennedy that went viral.” [1]

“Petersen, who had never tried a case, could not answer Kennedy’s basic law questions either,” NBC News reported [1].

By the Numbers

2: articles of the Constitution Kennedy asked about, V and II [1].
12: years Bjelkengren said she served as an assistant attorney general [1].
9: years she said she had served as a judge [1].
2019: the year she became a Spokane County judge, appointed by Gov. Jay Inslee [2].

What Happened Next

She asked to be dropped. On Jan. 9, 2024, The Spokesman-Review reported that “Spokane County Superior Court Judge Charnelle Bjelkengren asked not to be renominated.” [2]

The paper reported that “Murray recommended Bjelkengren to Biden, who nominated her in September 2022,” and that “In May, Feinstein returned and Bjelkengren advanced to a full Senate vote, which never came.” [2]

Bjelkengren wrote: “In the last year and a half, while I navigated the nomination process, it was taxing on both a personal and professional level.” [2]

She was not alone. The paper reported: “Five nominees were not included in the 18 resubmitted nominations Monday by the White House.” [2]

“I asked the President not to renominate me due to the uncertainty of my confirmation, and in order to advance the important work of the federal judiciary,” she wrote. “My hope is for the swift confirmation of the next nominee.” [2]

For Kennedy asking another nominee how the White House prepared her, see HYGO News’ page on February 2023. For his 50-second quiz of another Biden nominee, see the page on Nov. 30, 2022.