Sen. John Kennedy (R-LA) once again turned law professor when he quizzed President Biden’s nominee for a district judgeship in Oklahoma about her knowledge of basic legal terms.
During a Senate Judiciary Committee hearing, the senator asked Sara E. Hill to explain the difference between a “stay” order and an “injunction.”
"A stay order would prohibit, um, sorry. An injunction would restrain the parties from taking action. A stay order … I'm not sure I can, actually can, can give you that," she answered.
According to the Legal Information Institute, "An injunction is a court order requiring a person to do or cease doing a specific action," while a stay "is an action taken by a court to stop a legal proceeding or the actions of a party."
Biden judicial nominee Sara Hill “made history” by being the first Native American woman nominated to serve as a federal judge in Oklahoma
— Greg Price (@greg_price11) November 15, 2023
Today, she was unable to explain the difference between a stay order and an injunction when asked by Sen. Kennedy. pic.twitter.com/i6VsjXjvhk
Hill's response troubled Carrie Severino, president of Judicial Crisis Network.
Stays and injunctions come before district judges all of the time.
— Carrie Severino (@JCNSeverino) November 15, 2023
This is not a trick question.
Other lawyers argued her inability to define the difference was "disqualifying."
She may understand tribal legal issues better than most, but not knowing the difference between a stay (the case is paused pending X) and an injunction (a party to the lawsuit is ordered to do or say, or not do or say, X) is disqualifying for a federal judgeship.
— Ibrahim Reyes (@IbrahimReyesEsq) November 15, 2023
This isn't the first time Kennedy has grilled nominees about their knowledge of the law.
🚨WATCH:@SenJohnKennedy asked Judge Ana de Alba, a sitting district judge nominated by President Biden to the Ninth Circuit, what the Dormant Commerce Clause is.
— JCN (@judicialnetwork) May 17, 2023
Judge de Alba was unable to answer a question any first year law student would know. pic.twitter.com/b5Myj2KZrh
.@SenJohnKennedy Humiliates Biden Judicial Nominee
— Daily Caller (@DailyCaller) March 22, 2023
KENNEDY: "Tell me how you analyze a Brady Motion."
KATO CREWS: "I don't believe I've had the occasion to address a Brady Motion."
KENNEDY: "Do you know what a Brady Motion is?"
KATO CREWS: "It's not coming to mind." pic.twitter.com/K5lww6EeK4