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Saturday, Sep. 26, 2020

Does the Senate sometimes confirm judicial nominees deemed ‘not qualified’ by the American Bar Association?

Jacqueline Agustin, Gigafact
yes

Nominees deemed "not qualified" by the American Bar Association have been confirmed by the Senate for District Court seats during the Carter, Clinton, G.W. Bush, and Trump administrations. During the Trump administration, one "not qualified" nominee has been confirmed as an Appeals Court judge.

Neither the G.W. Bush nor the Trump administrations sought ABA ratings before making judicial nominations. The ABA, which represents the whole of the U.S. legal profession, has been offering advice to the Senate about presidents' nominees to the federal courts since the Eisenhower era. It bases its nonpartisan ratings on integrity, professional competence, and judicial temperament.

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