Key Takeaways
- •The Senate Judiciary Subcommittee examined four judicial nominees, where Kara Marie Westercamp (Associate Counsel, The White House) faced intense scrutiny over past social media posts and illegal tariff policies.
- •Westercamp apologized for her "inflammatory" social media history but repeatedly cited constitutional processes to avoid directly stating that President Biden won the 2020 election.
- •Sen. Blumenthal (D-CT) pressed the nominees on the 2020 election and January 6, later describing their scripted, non-committal responses as "Orwellian" and an "insult" to the committee.
- •Democrats questioned the nominees' independence and temperament, while Sen. Grassley (R-IA) defended their qualifications and accused the minority of hypocrisy regarding past partisan rhetoric from other nominees.
- •The committee will determine whether to advance these lifetime appointments, which will significantly influence how the Court of International Trade handles billions of dollars in potential tariff refunds.
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Hearing Analysis
Overview
This hearing was convened to consider the nominations of four individuals to federal judgeships: Sheria Akins Clarke for the District of South Carolina, Kathleen S. Lane for the District of Montana, Evan Rikhye for the District of the Virgin Islands, and Kara Marie Westercamp for the United States Court of International Trade (CIT). While the nominees presented diverse legal backgrounds ranging from trade litigation to criminal prosecution, the proceedings were heavily defined by intense partisan scrutiny regarding judicial temperament, past social media activity, and the nominees' willingness to provide direct answers concerning the 2020 presidential election and the January 6th Capitol attack.
Key Testimony & Policy
The nominees highlighted their specific qualifications for their respective courts. Kara Marie Westercamp, currently with the White House Counsel's Office, emphasized her extensive experience in international trade law, noting she has appeared before the CIT more than 130 times. Much of her testimony focused on the legal fallout of the Supreme Court’s decision in *Learning Resources v. Trump*, which held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose certain tariffs. Westercamp discussed the "major questions doctrine" and the complexities of trade "transshipment" and the Enforce and Protect Act.
Sheria Akins Clarke, a partner at Nelson Mullins Riley & Scarborough LLP, was praised for her bipartisan work history on the House Ethics Committee and the House Committee on Oversight and Government Reform. She emphasized her commitment to fairness and her community service regarding human trafficking. Kathleen S. Lane, Deputy Solicitor General for Montana, defended her record of litigating complex regulatory schemes involving the Second Amendment, land use, and the coal industry. Evan Rikhye, senior counsel at Walmart and former federal prosecutor, discussed the unique challenges of the Virgin Islands, including maritime drug interdiction under the Maritime Drug Law Enforcement Act (MDLEA).
Notable Exchanges & Partisan Dynamics
The hearing featured sharp confrontations between Democratic members and the nominees. Sen. Richard J. Durbin (D-IL) and Sen. Peter Welch (D-VT) aggressively questioned Westercamp regarding her past social media activity, which included retweets referring to Sen. Mitch McConnell (R-KY) as "Cocaine Mitch" and posts questioning the 2020 election results. Westercamp apologized for the "snark" of social media but faced further pressure from Sen. Welch regarding a retweet characterizing political parties as "patriots" or "traitors."
A significant point of contention arose when Sen. Richard Blumenthal (D-CT) asked each nominee who won the 2020 election. The nominees initially provided what Sen. Blumenthal characterized as "canned" and "Orwellian" answers, describing the constitutional process of the Electoral College and congressional certification rather than naming Joe Biden directly. While Lane eventually stated that Biden won, the exchange prompted Sen. Sheldon Whitehouse (D-RI) to criticize the nominees for a perceived lack of independence from their "executive branch handlers."
Sen. Sheldon Whitehouse (D-RI) also engaged the panel in a technical discussion on legal theories—such as conspiracy, RICO, and solicitation—that could be used to investigate individuals who incite threats against judges. He used this to criticize the United States Marshals Service and the Department of Justice for failing to investigate "behind the utterer" of threats against the judiciary. Meanwhile, Sen. Adam B. Schiff (D-CA) and Sen. Christopher A. Coons (D-DE) questioned Lane’s level of trial experience, noting she had only conducted one cross-examination and one deposition in federal court despite being nominated for a lifetime appointment.
Organizations Mentioned
* United States Court of International Trade (CIT): The specialized court for which Westercamp is nominated; discussed regarding its role in record review and trade disputes. * Supreme Court of the United States: Frequently cited regarding its ruling in *Learning Resources v. Trump*, which invalidated certain presidential tariffs. * United States Department of Justice (DOJ): The former employer of several nominees; discussed in the context of the US Marshals Service's protection of judges and internal performance reviews. * Meta Platforms, Inc. (Meta): Mentioned by Sen. Durbin regarding a recent $400 million civil verdict in New Mexico related to child safety and Section 230. * United States Customs and Border Protection (CBP): Discussed regarding its role in enforcing trade laws and the need for full funding to prevent transshipment. * Jasmine Road: A nonprofit organization where Clarke serves on the board; mentioned in the context of her work supporting victims of human trafficking. * United States Marshals Service: Criticized by Sen. Whitehouse for allegedly failing to investigate the broader conspiracies behind physical threats to federal judges.
What's Next
Chairman Chuck Grassley (R-IA) concluded the hearing by announcing that the record would remain open for written questions until April 1, 2026, at 5:00 PM. The committee will subsequently vote on whether to report the nominations to the full Senate for confirmation.
Transcript
Good morning. Welcome everyone. Today's hearing will involve Sheria Clarke, District of South Carolina; Kathleen Lane, District of Montana; Evan Rikhye, District of Virgin Islands; and Kara Westercamp to the Court of International Trade. Today's nominees boast a diverse set of backgrounds. Each has extensive litigation experience, but their career paths reflect varying practices that are uniquely tailored to the courts for which they've been nominated. Before we turn to our visitors to introduce Ms. Lane and Ms. Clarke, I'll introduce two of our nominees. Their nominations are to the court that this committee does not consider too frequently, like the District of Virgin Islands and the Court of International Trade. Mr. Rikhye earned his law degree from American University, working with the Federal Election Commission before spending the bulk of his career with the Justice Department. In 2004, Mr. Rikhye began as an attorney advisor with the Office of Legal Policy. He helped prepare federal judicial nominees through confirmation, including Chief Justice Roberts and Justice Alito. In 2006, he transitioned into a litigation role. He spent two years as a trial attorney with the criminal section of the Justice Department's Civil Rights Division. Thereafter, he spent a decade and a half as a federal prosecutor in a pair of U.S. Attorney's Offices, including the District of Virgin Islands. He investigated and prosecuted a wide array of criminal offenses and diligently protected victims of fraud, drug trafficking, and violent crimes. He also briefly worked on detail as an attorney advisor to two U.S. embassies. In 2024, Mr. Rikhye has since then has served as senior counsel with Walmart, leading the company's internal investigations. Mr. Rikhye is an accomplished attorney with significant experience protecting the people of the Virgin Islands, and I look forward to hearing from him today. Now, I am fortunate to have a native Iowan with me, Ms. Westercamp. She received her undergraduate and law degrees, University of Iowa. After law school, Ms. Westercamp clerked for Judge John Garvey on the U.S. District Court, Southern District of Iowa. 2011, she went into private practice at Jones Day. She litigated insurance recovery, security regulation, and financial disputes. Since 2014, Ms. Westercamp transitioned to public service as a trial attorney with the National Court Section of the Justice Department's Civil Division. In that role, she defended federal agencies in lawsuits before and appeals arising out of the United States Court of International Trade. Her expertise in matters before the court is unparalleled. Ms. Westercamp litigated trade disputes until late last year when she transitioned into the White House Counsel's Office. Needless to say, Ms. Westercamp is highly qualified to serve as a judge on the Court of International Trade, and I look forward from hearing her today. I'd ask everyone to keep their questions limited to five minutes allotted to keep the hearing on schedule. Senator Durbin.
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