Biden’s judicial nominee falters in defining legal terms during confirmation hearing.

Biden Judicial Nominee Struggles to Explain Legal Terms During Confirmation Hearing

A confirmation hearing for California Judge Ana de Alba, a nominee for the court of appeal, took an interesting turn when Sen. John Kennedy (R-LA) quizzed her on the dormant commerce clause found in Article 1 of the Constitution. De Alba struggled to provide a clear explanation, admitting that she was only “somewhat” familiar with the law.

Stumped by Sen. Kennedy

Sen. Kennedy left de Alba struggling for answers when he asked her to explain the dormant commerce clause, which has been in the news lately. Despite being reminded that a Supreme Court case related to the clause came out of California recently, de Alba still could not elaborate. However, she apologized and promised to be better prepared next time.

The Dormant Commerce Clause

The dormant commerce clause prohibits one state from discriminating against interstate commerce and disallows states to “unduly burden interstate commerce.” The law came back into focus recently after the Supreme Court ruled in favor of California’s Proposition 12, which said pork products imported into the state had to meet specific welfare standards.

Commerce Clause of the Constitution

De Alba also struggled to explain the commerce clause of the Constitution as a whole. She was able to specify that the clause allowed Congress to create laws that affect interstate commerce, but failed to note that it also allowed Congress to regulate commerce with foreign nations and Native American tribes.

Stumping Biden’s Judicial Nominees

Sen. Kennedy has a history of stumping Biden’s judicial nominees. In March, he confounded Kato Crews, a nominee for district judge on the U.S. District Court of Colorado, over the Brady motion, which determines that the prosecution must give potentially favorable evidence to the defense.

• De Alba struggled to explain legal terms related to the Constitution’s commerce clause during her confirmation hearing
• Sen. Kennedy quizzed her on the dormant commerce clause found in Article 1 of the Constitution
• De Alba apologized and promised to be better prepared next time
• The dormant commerce clause prohibits one state from discriminating against interstate commerce and disallows states to “unduly burden interstate commerce”
• Sen. Kennedy has a history of stumping Biden’s judicial nominees