We've seen Sen. John Kennedy (R-LA) nail Joe Biden's judicial nominees in the past with some basic legal questions that any judge should know. For example, in May, he stumped Judge Ana de Alba over the Commerce Clause. She was already a district court judge and was nominated for the Ninth Circuit Court of Appeals, which desperately needs competent people. 

But I have to say the responses from the nominee he questioned on Wednesday were something else. He was questioning Sara Hill, who was nominated to be a district judge for the Northern District of Oklahoma. The Senate Judiciary Committee Democrats claimed that Hill was an "accomplished litigator" and had "significant courtroom experience."  

But you wouldn't know that from how she responded to Kennedy.

🚨President Biden’s district judge nominee Sara Hill was unable to explain to @SenJohnKennedy the difference between a “stay order” and an “injunction.”

How can an individual who wants to be a federal judge possibly not know this?

Senator Durbin even congratulated Hill… pic.twitter.com/6oJAKqhN3I

— Carrie Severino (@JCNSeverino) November 15, 2023

When Kennedy asked Hill the difference between a "stay" order and an "injunction" order — two orders frequently issued by federal courts — Hill stumbled through her answers. 

"A stay order would prohibit, um, sorry. An injunction would restrain the parties from taking action. A stay order … I'm not sure I can, actually can, can give you that," she said.

How can someone who is an "accomplished litigator" not know what a stay is? 

A stay halts a court's decision or order from going into effect (for example, a stay pending appeal). Whereas an injunction involves the Court preventing or enjoining a party or person from taking an action. For example, a party might be enjoined from selling property that is at issue in a case. 

As Judicial Crisis Network President Carrie Severino noted, it wasn't exactly a trick question; these are things federal judges deal with all the time. 

Stays and injunctions come before district judges all of the time.

This is not a trick question.

— Carrie Severino (@JCNSeverino) November 15, 2023

Yet, Sen. Dick Durbin (D-IL) congratulated Hill on passing Kennedy's "bar exam," when in fact, it looks like she crashed and burned. "Talk about grading on a curve," Severino commented. 

But at least Joe Biden hit the important diversity box with her nomination, as the Committee Democrats noted, bragging that she was a Native American nominee. Biden is only concerned about that and whether or not the person is of the right political persuasion to help push the federal courts further left. That's all that matters to the Democrats. And will this prevent any of the Democrats from voting for the candidate? Nope. Despite this, Hill is likely to sail right through with their support. 

We are not sending our best and brightest. https://t.co/ibnO1gloVH

— Karen Townsend (@penguinponders) November 15, 2023

Joe Biden is going for the title of Undisputed Champion Of The World for nominating unqualified judge after unqualified judge. https://t.co/Udqnnq8r3T

— Steve Guest (@SteveGuest) November 15, 2023

Well let's not get sidetracked on silly distractions like "the law" when we should be focusing on Biden nominating a female Native American to the federal bench!!! 💪🏽🌈👧🏽💪🏽 https://t.co/UltMyYnzaR

— Tom Elliott (@tomselliott) November 15, 2023