Has disinfected they can use. We have spaced out the room to be as safe as possible for my staff and minority staff , thank you for working together to set up the room. It has been 40 something days since the senate has been able to meet the committee has a lot to do related to the coronavirus but we also have things that are necessary like filling judicial vacancies we are getting comments throughout the country about the vacancies and how they are impacting the ability to deliver justice in various states that we will be as part to that as we can. My democratic colleagues are requesting hearings state and federal and Detention Centers and for immigration purposes we will try to Work Together to have those hearings i am curious myself about our nations prisons and immigration Detention Centers so we are working as quickly as we can hopefully we will have a hearing about liability issues related to the virus and what we can do as the congress to safely open the country to minimize legal exposure for those who are trying to reopen the american economy. Thats an important topic for me and many others here. Today we will deal with a vacancy at the Dc Circuit Court. Judge walker from kentucky has been nominated by the president to fill this vacancy he is a highly qualified individual and senator mcconnell would be submitting a written statement my colleagues if its okay we will hear from senator paul and then make statements. Is that okay . The floor is your. Thank you mr. Chairman for allowing me to introduce judge walker. I am pleased President Trump reached outside the beltway to elevate judges committed to our constitution and be elevated now to the second most Important Court. Judge walker is the first confirmed from outside the bubble since Thomas Griffith the judge he is replacing was confirmed 15 years ago i was honored to recommend judge walker for the District Court and honored to recommend judge walker now to the elevation of the Dc Circuit Court. I was unable to be here for judge walkers hearing last year because i had urgent lung surgery if i had been here i wouldve told you how high met him through my friend and i was immediately impressed by his knowledge of Critical Thinking of the law. As a district judge showing an unwavering fidelity to the constitution in early april the nation was in the middle of a Health Crisis politicians around the country began to clamor and claim tremendous power over our everyday life while many cheer them on governors and mayors were in a race to see who could restrict the citizens movements the most eventually governments began to enact restrictions even with the free exercise of religion the governor ordered the state police to record the license plates of churchgoers on easter to be forcibly quarantined the mayor of the largest city band Easter Services including a drivethrough services where they would stay in their car with the weekend looming one went to court when judge walker was assigned a case the easy thing to do would be wait until the following week with easter having already passed instead judge walker saw such a clear violation of the First Amendment the issued a rare saturday order blocking the city from criminalizing easter. I commend it to you as a demonstration the depth of his knowledge of the law in history. Also his fidelity to our constitution even in times of crisis. Judge walker is the person we need on the bench i probably support him and urge you to swiftly sent his nomination to the floor. Thank you senator paul. I would like to begin by thanking all of the frontline workers who spent untold workers responding to the covid19 pandemic First Responders and Grocery Store workers farmworkers these men and women have helped to keep us safe and well. I speak for all of us when i simply say thank you. Today the committee is moving forward with a hearing to consider the nomination of Justin Walker to the dc circuit the Senate Confirmed judge walker to the District Court to the lesser district of kentucky october 2019 with no democratic votes after serving just six months as the District Court judge he has now been nominated to the dc circuit. After the Supreme Court this is the most Important Court in the country the rulings have National Implications including healthcare, the powers of the executive branch workplace and environmental safeguards. In his short time on the bench judge walker, just 37 years old has virtually none of the experience one would experience of a District Court judge before elevation to the circuit. He has not presided over any bench or jury trial he has written opinions and only 12 total cases. Its not surprising groups like the Leadership Conference on civil and human rights have opposed judge walkers nomination partly because of his lack of experience which paints a vivid picture of an individual who is unworthy of a lifetime appointment to the federal judiciary. More than 200 groups including the Leadership Conference in naacp and National Council of jewish women also opposed judge walker because of the record against expanding access to health care and safeguards for the environment, consumers and workplace in its letter protect our care noted judge walker statement that the Supreme Courts decision to uphold the Affordable Care act was indefensible that letter signed by 53 groups expressed concern that judge walkers confirmation wouldexacerbate the healthcare crisis in this country. I will ask judge walker today about his record and if he can fulfill the judicial standard of fairness and objectivity we should expect from the federal bench. Thank you mr. Chairman. Thank you very much mr. Chairman to give me the opportunity for an Opening Statement when we heard senator mcconnell was summoning us back to washington dc after five or six weeks where we had sheltered in place at home, i was waiting to hear the agenda i knew what america was focused on a National Emergency in the words of President Trump a Public Health care crisis we hear about of every minute of every day literally changing the lives of so many people across america and as of this moment claimed at least 70000 american lives. One. 2 Million People infected at least based on testing so far. The greatest challenge in crisis we have faced in her lifetime so the Senate Judiciary coming back for business theres a lot of things we can bring up related to this covid19 crisis. We could certainly be asking the subcommittee on Border Security and immigration to address the issue of over 50000 daca and tps classified Critical Health workers in america who status under the immigration laws are at the least uncertain we can bring that up to discuss if we could afford to lose 50000 Healthcare Professionals at this moment in history the subcommittee on the constitution could ask us how the election will be held in november if americans will have an opportunity to vote even if they are fearful of leaving their homes to go to a polling place. Crime and terrorism couldve asked us for sufficient protective equipment for police and responders and if we are protecting federal prison guards. Look at the numbers not just of the incarcerated but also the guards who are infected as well. We couldve asked the subcommittee on oversight to look at senator mcconnells own suggestion that we address the issues of liability across the board in terms of covid19 a worthy topic that we may bring out next week. Aarp tells us seniors across america are facing healthcare scams that a Record Number because of the covid19 crisis this is within the jurisdiction of the Senate Judiciary committee the list is lengthy unfortunately it is the reason we are returning this week instead we are considering the nomination of a 37 yearold family friend of senator mcconnells to the Second Highest Court in the land the nominee who has our record ironically of stridently opposing the Affordable Care act which seeks to extend Health Insurance coverage to more americans and last year was found unqualified to serve as a District Court judge in the commonwealth of kentucky. But now after his sixmonth career on the kentucky District Court obviously in the eyes of senator mcconnell this is the second time senator mcconnell has prioritize this judge over the coronavirus and then to so when it comes to covid19 pandemic, we cannot get distracted by preexisting partisan wish list that exactly what is happening in the steering the greatest public Health Crisis in the nation and with so many critical areas and senator mcconnell is not willing to set aside his wish list and the American People deserve better. Please rise raise your right hand. Do you swear the following testimony is the truth, the whole truth, nothing but the truth so help you god . Please the pull the microphone close the floor is yours. Good morning i would like to thank senator mcconnell senator paul for all of the support they have always shown me and thank you to senator paul for the statement that he made today. Thank you to chairman graham and Ranking Member feinstein for holding this hearing and to chairman graham for chairing it. Thank you to the president for nominating me. To my wonderful wife and my precious daughter isabella, thank you for all of your love. To my mom, debbie walker, thank you for being a great role model of my life. Thank you to all the family and friends and supporters who have been there for me before and during this process and thank you to my clerks and colleagues on the Western District of kentucky for your wisdom and advice. Thank you chairman graham. We will go by seniority thats the easiest way to do it if anyone wants to go by videoconference questions we have that capability. And with this rating regarding judge walker i will do that now determined to be wellqualified and that the minority is determined is not qualified. I would like to introduce that into the record. Tell us about the case involving in kentucky the church that senator paul mentioned can you walk us through that quickly and give us your reason . The week before easter announced five different statements that it was not allowed for members of a church to worship at a drivein Church Service on easter. The plaintiffs in that case reached out to the mayor on thursday and asked if they could nevertheless have their Service Inspired of what they announced on friday i had a temporary restraining order that arrived in my desk at 6 00 oclock p. M. On friday i had to make a decision to make one quickly so that people could know on saturday if they could go to church on easter sunday. And looking at the law that the free exercise clause prohibited the action the mayor was taking it was a long opinion because i believed it was a momentous and severe for a thing to a court to enjoin mayor in the midst of a terrible pandemic when the mayor is asserting his actions could save lives. Because that is what the law required. And i explained in depth because i do not believe it would be possible to explain the meaning of the free exercise clause without xers one explaining the history of the free exercise clause. With the holding and the obama care Justice Roberts decision to determine that congress had broad authority. Can you tell us what you are talking about and what you did and take this out for comment. The case that i was referring to is binding on all Lower Court Judges as a sitting district judge i would follow nfib fully and faithfully. Worked clerking for Justice Kennedy that was the most public high profile case of the year and as you can imagine chairman graham no Supreme Court justice likes to be in the dissent Justice Kennedys circumstances is not a position to find himself and often. And to pay tribute to Justice Kennedy that he changed my life by hiring me and not the end of the paragraph paying tribute to Justice Kennedy i made a lighthearted illusion to his dissent in nfib versus sibelius. It was nothing more than a tongueincheek way of recognizing what certainly in the Public Record already of the United States reports that the chief justice wrote a majority Opinion Holding the individual mandate was taxed in Justice Kennedy dissented. And in 2018 to call the Supreme Court opinion unfolding the aca you likewise praised judge kavanaugh for providing what you call a roadmap for the Supreme Court to strike down the aca. And then to hold them indefensible. First that as i said to senator graham the courts opinion is binding on me and i would follow it fully and faithfully. And i was an academic and a citizen engage of matters of public concern as many judges were before they became judges regard to what i specifically wrote i did as an academic in the majority opinion but that was not a commentary on the merits of the particular healthcare policy if it was a legal analysis about constitutionality. That isnt the only time in march of 2024 the ceremony for the Western District you publicly discuss the opinion and their you say while clerking for Justice Kennedy that the chief justice may be the attack that was an apparent reference to chief justice opinion upholding the aca as a function of the congresses taxation power if you are willing to discuss the courts opinion what you are sitting is a lower court judge then why not now . That lighthearted illusion to what kennedy wrote when i was a clerk is part of a paragraph talking about the important relationship i have with Justice Kennedy and how he has been and invaluable mentor and friend to me since i clerk from him in 2011 and 2012 it was not meant as anything more than a reference it is a tongueincheek allusion that nobody likes being in the dissent. For those that have access to health care as the aca is to be struck down even more americans would face Devastating Health and consequences so why should we support the nominee to take away healthcare for millions of americans including those with preexisting conditions . Senator the covid19 pandemic to put the country in unimaginable crisis i doubt theres anyone in this room who either hasnt been affected or doesnt know someone who has been affected in terms of the Economic Impact and that category. That your answer . No. I was going to add that it is not the role of the judge to opine on healthcare policy. A district judge as i have been the past six months and the dc circuit judge if im lucky enough to be confirmed has a responsibility and duty to go where the constitution leads and where the law leads that i have done as a District Court judge and i have done it without any policy preferences or any consideration or of whether or not i like the policy outcomes you are not a good judge if you always like the policy outcomes that result when you go where the law leads and go casebycase with an open mind. That your investiture speech Brett Kavanaugh in attendance said in Brett Kavanaughs america we will not surrender while you wage war on the hope or dream. What do you mean by Brett Kavanaughs america . Justice kavanaugh and Justice Kennedy are mentors of mine and i will defend both of them. I am not attacking them im just asking you what you meant. And what i meant is that Justice Kavanaugh as well as Justice Kennedy are outstanding judges for that and with that part of construction so in my speech i was saying was unabashedly the rule of law and the approach to judging that considers text rather than inserting a judges political opinion into what the law is. As i read it, you referred to our work