(TeaParty.org Exclusive) – Louisiana Senator John Kennedy has become somewhat of a living legend for his ability to utterly eviscerate unqualified Biden nominees with sharp wit and southern charm. He’s quick and has an uncanny ability to expose just how incompetent Biden’s picks really are.
He was at it again this week. On Wednesday, he left radical Biden District Court nominee Ana de Alba visibly stumped during her confirmation hearing. She will most assuredly be an activist on the bench; prior to becoming a judge she worked for the leftist American Civil Liberties Union.
She currently serves on the United States District Court for the Eastern District of California. Biden has nominated her to serve on the Ninth Circuit Court of Appeals.
Naturally, you’d assume someone who serves as a judge would have a strong handle on constitutional law but you’d be wrong in this case. Leftist judges appear to have very little regard for the constitution, as Sen. Kennedy routinely highlights.
Kennedy asked de Alba if she could explain the dormant commerce clause since it had been in the news. The Dormant Commerce Clause prohibits one state from discriminating against another state’s commerce or imposing “undue burdens on interstate commerce.”
Despite the doctrine being pretty straightforward, De Alba replied that she was “somewhat familiar” with the clause but did not explain any further.
Kennedy reminded her that there was a significant Supreme Court case dealing with the dormant commerce clause in California and it was previously heard by the Ninth Circuit.
Fox News reported that the Supreme Court case Kennedy referred to involved California’s Proposition 12. This is a state law that requires pork products imported into the state to meet certain welfare standards.
The Biden Justice Department ruled against California, claiming Proposition 12 was unconstitutional because it violated the Dormant Commerce Clause. The Supreme Court, however, upheld California’s law last week.
The Biden nominee was left looking completely clueless despite the recent high profile case.
“I apologize, Senator. You know, in my 11 years of practice and five years on the bench, I have not dealt with the Dormant Commerce Clause,” de Alba told Kennedy. “But if I am so fortunate enough to be confirmed and have to deal with it in the future, I would certainly …”
Kennedy interrupted, “You’ll look it up?”
“Research it and, yeah, be prepared,” she asserted.
Kennedy wasn’t quite finished. He then asked de Alba to give a general explanation of the Commerce Clause, which gives Congress power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
As you would expect, she was unable to do so.
She said, “my understanding about the Commerce Clause, like I stated, Senator, is that it is under Article 1 of the Constitution, and it allows the legislature to create laws that allow for movement and things related to commerce in the United States and anything crossing state lines, things like that.”
“So, it allows Congress to regulate commerce?” he asked.
She replied in the affirmative but came up short when asked to provide any examples.
“It’s not coming to mind right now, Senator,” she admitted.
Despite lacking a fundamental understanding of constitutional law and being an obvious partisan, de Alba will be confirmed.
Biden’s ability to ram through unqualified judicial nominees is going to have a long-lasting impact on the US.
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