Tipsheet

John Kennedy Stumps Another Biden Nominee With Simple Question

Sen. John Kennedy (R-LA) once again stumped a Biden judicial nominee after asking her a simple question about how the Court of Federal Claims works.

This week, Kennedy asked Biden nominee Robin M. Meriweather how many motions she has argued in the court of federal claims. In response, she said, “hundreds of motions involving complex civil claims in numerous courts, the court of federal claims is not one of those courts.”

Kennedy confirmed the answer was zero before he asked Meriweather to tell him the grounds for granting a new trial in the Court of Federal Claims. 

Meriweather continuously dodged the senator’s question, refusing to answer the grounds for granting a new trial.

All of the trials in the Court of Federal Claims are bench trials and the Court of Federal Claims, although it is not bound by the federal rules of civil procedure, its rules mirror those rules when applicable. So it’s my understanding that the same rules that would apply in the district court are also applied in that context, but if I were presented with a motion for a new trial, should I be confirmed as a judge on the Court of Federal Claims I would, of course, consult the rules of court, of the Court of Federal Claims. 

‘So what are the grounds for granting a new trial?’ Kennedy again asked.

‘My understanding is that a new trial, you would have to comply with the applicable rules,’ Meriweather said.

‘I know that, but what are they? What are the grounds? You said that the rules are identical to the Court of Federal Claims and Federal District Court; I’m not sure that’s accurate, but just tell me, what are the grounds for granting a new trial in the Court of Federal Claims?’ Kennedy pressed.

‘Senator, that is not an issue I have had occasion to consider before, despite my extensive civil experience and my familiarity not only with the federal rules of civil procedure but I’ve also reviewed the rules of the Court of Federal Claims. But if I were presented … with that question should I be confirmed, I would again consult the rules and follow the precedent.’

After going back and forth for a few moments, Kennedy asked Meriweather to name just one single ground for granting a new trial in either a federal district court or the Court of Federal Claims. 

The Biden nominee could name one, to which Kennedy pointed out that there are at least six or seven. 

Meriweather argued that she would look it up if she faced a situation that would cause her to know the grounds for granting a new trial. 

Since taking office, Biden has accumulated many officials and staff members who barely meet the qualifications but check another box of his race and diversity checklist.