Biden's Federal Judge Nominee Withdraws after Not Being Able to Answer Questions about What In In the Articles of the Constitution

Jan 9, 2024

Judge Charnelle Bjelkengren, nominated to be a U.S. District Judge For The Eastern District Of Washington state, was unable to answer quetions about her knowledge of the Constitution and judicial philosophy. 

Kennedy, “Judge, on the far end, tell me what Article V of the Constitution does?”

Bjelkengren, “Article V is not coming to mind at the moment.”

Kennedy, “Okay. How about Article II?”

Bjelkengren, “Neither is Article II.”

Kennedy, “Do you know what purposivism is?”

Bjelkengren, “In my twelve years as an assistant attorney general, in my nine years as a judge, I was not faced with that precise question. We are the highest trial court in Washington state, so I’m frequently faced with issues that I’m not familiar with, and I thoroughly review the law, I research, and apply the law to the facts presented to me.”

Kennedy, “Well, you’re going to be faced with it if you’re confirmed, I can assure you of that.”

Kennedy (a few minutes later): “Judge on the far end, can you tell me what the independent state legislature theory is? I’m just asking you not what your opinion of it, what is it–it’s before the Supreme Court now.”

Bjelkengren, “In my twelve years as an assistant attorney general, and…”

Kennedy, “Right (heavy sigh).”

Bjelkengren, “That doctrine was never presented to me.”

Bjelkengren is a graduate of Mankato State University and received her law degree from Gonzaga University School of Law in 2000. She previously served as an assistant attorney general for the Washington Attorney General’s Office.

In 2013, Bjelkengren became an administrative judge for the Office of Administrative Hearings in Washington State.

A state court judge in Washington state and a law clerk to a federal judge in Rochester, New York who were both nominated by President Joe Biden to become federal trial court judges have withdrawn their names from further consideration.

Spokane County Superior Court Judge Charnelle Bjelkengren and Colleen Holland of Rochester were two of five nominees whose nominations to life-tenured positions on the bench expired at the end of 2023 and were not among 18 nominees the White House resubmitted on Monday for further consideration by the Senate.  "I asked the President not to re-nominate me due to the uncertainty of my confirmation, and in order to advance the important work of the federal judiciary," Bjelkengren said. "My hope is for the swift confirmation of the next nominee."