Democrats pan Biden judicial pick in Ky. as ‘indefensible.’ Some experts say deal makes sense.
Kentucky Democrats expressed disappointment with President Biden’s apparent decision to choose Chad Meredith, a deeply conservative lawyer, for a position on the federal bench, but legal experts said the move wasn’t altogether out of the ordinary.
Rep. John Yarmuth conveyed that White House staff informed him that Meredith, a former solicitor general in Kentucky, would be nominated for a forthcoming judicial seat. On Friday, Judge Karen Caldwell appeared on a list of judges who would be taking senior status at a date to be determined, creating an opening for Meredith.
Yarmuth said he told White House officials he was strongly opposed to Meredith and had no idea who he would be replacing.
News of Meredith’s pending appointment was first reported by the Courier-Journal, which wrote that the selection was part of a deal with Sen. Mitch McConnell to relinquish his opposition to other judicial nominees that require Senate approval.
But Yarmuth cautioned that was only his speculation. McConnell’s office declined to comment.
Gov. Andy Beshear was even harsher in his critique of Biden, saying on Thursday, “if the president makes that nomination, it is indefensible.”
“This is an individual who aided and advised on the most egregious abuse of power by a governor in my lifetime,” said Beshear, referring to Meredith’s role in facilitating controversial pardons during former Gov. Matt Bevin’s administration. “If you are a lawyer that advised on that and went along with it, you should be disqualified from serving in a role where you hand out sentences.”
Beshear said while he was informed of the decision late last week, it is unclear when Meredith’s name will be formally submitted for nomination to the bench.
Meredith, a Leitchfield native who graduated from the University of Kentucky’s College of Law, has clerked for both a district and circuit court judge. A member of the ultra-conservative Federalist Society, he is viewed as vehemently anti-abortion.
The news comes nearly a week after the U.S. Supreme Court struck down the landmark Roe v. Wade decision, which guaranteed a woman’s right to end her pregnancy. The timing makes Democrats all the more sensitive to the elevation of judges who are hostile to women’s reproductive choices.
But legal analysts said a deal between a president and senator on a federal judicial nomination isn’t all that uncommon, especially given that McConnell holds considerable power over Biden’s nominees as minority leader in a 50-50 Senate.
“It means more to the senator than likely the president, so it’s sort of a natural place to make a deal,” said Adam White, a senior fellow at the right-leaning American Enterprise Institute, who focuses on the courts. “It’s not rare for it to happen before a vacancy. Remember, [Justice Stephen] Breyer didn’t vacate his seat until today.”
“Once a judge serves a certain length and is a certain age, a judge in the court of appeals or district judge can take senior status. They don’t have to work as much, they don’t have to take as many cases. They are still hearing cases, but not full-time. They’re still on the court but that creates a vacancy,” White explained.
Brian Frye, a professor of law at the University of Kentucky’s College of Law, said the deal makes a lot of sense given that Biden will likely be able to clear many more judicial nominees of his own liking in order to satisfy McConnell’s home state wish.
“McConnell didn’t become powerful by breaking his promises, so I assume the Biden administration believes he will follow through on any commitment he makes, in exchange for getting his preferred judge,” Frye said. “While it’s quite understandable that Democrats would oppose the appointment of anti-abortion judges and especially their nomination by a Democratic president, I can see why it could be a good strategy in a big picture sense. Federal district courts are trial courts that don’t issue binding precedent, so perhaps the Biden administration saw this particular appointment as less dangerous and objectionable than a circuit court judgeship would be.”
Still, a deal that eases confirmation for other judges around the country provides little solace to Democrats in the commonwealth.
Charles Booker, the Democratic nominee for U.S. Senate against Rand Paul, said, “The president is making a deal with the devil and once again, the people of Kentucky are crushed in the process.”
“I am calling on each and every one of my future colleagues in the U.S. Senate to reject this nomination should it ever come to a vote,” Booker added.
This story has been updated to reflect Judge Karen Caldwell’s decision to take senior status, creating an opening for Meredith.
This story was originally published June 30, 2022 at 4:25 PM.
