Key Takeaways
- •The Senate Judiciary Committee held a contentious hearing for four judicial nominees, dominated by Democratic criticism of Kara Marie Westercamp's partisan social media history and judicial temperament.
- •Kara Marie Westercamp (Associate Counsel to the President, Office of White House Counsel) apologized for "inflammatory" social media posts but maintained her integrity, while other nominees highlighted their prosecutorial experience.
- •Sen. Blumenthal (D-CT) and Sen. Whitehouse (D-RI) criticized the nominees for providing "canned" answers regarding the 2020 election results and the January 6 Capitol attack.
- •Republicans defended the nominees' professional qualifications and character, while Democrats questioned their independence and Kathleen S. Lane's (Senior Counsel, Republican National Committee) limited trial and deposition experience.
- •The committee set an April 1 deadline for written questions as the nominees face a polarized path toward confirmation for lifetime federal bench appointments.
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Hearing Analysis
Overview
This hearing was held to consider four federal judicial nominations: Sheria Akins Clarke for the U.S. District Court for the District of South Carolina, Kathleen S. Lane for the U.S. District Court for the District of Montana, Evan Rikhye for the U.S. District Court for the District of the Virgin Islands, and Kara Marie Westercamp for the U.S. Court of International Trade (CIT). The proceedings were marked by sharp partisan divisions, with Republican members highlighting the nominees' professional credentials and litigation experience, while Democratic members focused heavily on the nominees' past social media activity, their views on the 2020 election, and their characterizations of the January 6 Capitol attack.
Key Testimony & Policy
The nomination of Kara Marie Westercamp to the CIT prompted significant discussion regarding international trade law and executive authority. Sen. Richard J. Durbin (D-IL) and Sen. Peter Welch (D-VT) questioned Westercamp on the Supreme Court’s recent decision in Learning Resources v. Trump, which held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose "reciprocal tariffs" based on trade deficits. Westercamp, currently serving in the White House Counsel’s Office, acknowledged the ruling and the application of the "major questions doctrine," which limits executive agencies' power to act on issues of vast economic and political significance without clear congressional authorization.
Kathleen S. Lane’s nomination to the District of Montana centered on her experience as Montana’s Deputy Solicitor General. Sen. Steve Daines (R-MT) emphasized her work defending state laws related to the Second Amendment, grazing rights, and the coal industry. However, Sen. Adam B. Schiff (D-CA) and Sen. Christopher A. Coons (D-DE) scrutinized her litigation record, noting she had only conducted one cross-examination and one deposition in federal court despite her nine years of practice. Lane defended her qualifications by citing her involvement in over 50 cases and her experience as a federal law clerk.
Evan Rikhye’s testimony focused on the unique legal challenges of the Virgin Islands, specifically drug interdiction under the Maritime Drug Law Enforcement Act (MDLEA). Rikhye, a former federal prosecutor and current senior counsel at Walmart, discussed the distinction between high-seas interdictions and territorial drug trafficking. Sheria Akins Clarke, a partner at Nelson Mullins Riley & Scarborough LLP, was praised by Sen. Tim Scott (R-SC) and Sen. Lindsey Graham (R-SC) for her bipartisan reputation earned during her tenure as staff director for the House Committee on Oversight and Government Reform and her work with the House Committee on Ethics.
Notable Exchanges & Partisan Dynamics
The most contentious moments involved a series of questions from Sen. Richard Blumenthal (D-CT) regarding the 2020 election. When asked "who won the 2020 election," all four nominees initially provided what Sen. Blumenthal characterized as "canned" and "Orwellian" answers, citing the constitutional process of the Electoral College and congressional certification rather than stating Joe Biden won. While Lane eventually stated "President Biden" won, the other nominees' continued reliance on procedural descriptions drew sharp rebukes from Sen. Sheldon Whitehouse (D-RI), who argued such answers demonstrated a lack of judicial independence.
Sen. Durbin and Sen. Welch aggressively questioned Westercamp regarding her past social media posts, which included calling Sen. Mitch McConnell (R-KY) "Cocaine Mitch" and accusing Sen. Lindsey Graham (R-SC) of prioritizing self-preservation. Westercamp apologized for the posts, attributing them to her personal capacity as a private citizen and expressing regret for using Twitter (now X) to amplify controversial content.
Sen. Whitehouse used his time to highlight the rising physical threats against federal judges. He criticized the United States Marshals Service for allegedly refusing to confirm whether they would investigate individuals who solicit or conspire to make threats, rather than just the "utterer" of the threat. He suggested this reluctance was due to the potential involvement of "right-wing conspiracies."
Organizations Mentioned
* United States Court of International Trade (CIT): The specialized court for which Kara Marie Westercamp was nominated; discussed regarding its role in reviewing tariff disputes and executive proclamations. * United States Supreme Court: Mentioned frequently regarding its ruling in Learning Resources v. Trump and the application of the major questions doctrine to executive trade authority. * United States Department of Justice (DOJ): The former employer of several nominees; discussed in the context of prosecutorial experience and internal performance ratings. * White House Counsel's Office: The current employer of Kara Marie Westercamp; mentioned regarding potential conflicts of interest and recusal requirements for trade-related litigation. * Meta Platforms, Inc. (Meta): Mentioned by Sen. Durbin regarding a $400 million civil verdict in New Mexico related to child safety and the potential reform of Section 230. * United States Marshals Service: Criticized by Sen. Whitehouse for its investigative protocols regarding threats against federal judges. * Nelson Mullins Riley & Scarborough LLP: The law firm where Sheria Akins Clarke is currently a partner; cited as evidence of her high-level litigation experience. * House Committee on Ethics: Mentioned as a place where Sheria Akins Clarke developed a reputation for bipartisan cooperation.
What's Next
Chairman Chuck Grassley (R-IA) announced that the record would remain open for written questions for the nominees until April 1, 2026, at 5:00 p.m. Following the submission of these responses, the committee will schedule a vote to report the nominations to the full Senate.
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 Jarvey 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 for hearing from 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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