> Of course the judges in question were rated unqualified by the ABA (which is a really low bar) so not surprising.

Not true.

The first of the two judges who concurred on this opinion, Andrew Oldham, was unanimously rated “well qualified” by ABA’s federal judiciary standing committee on Feb 15 2018 according to their website see page 5: https://www.americanbar.org/content/dam/aba/administrative/g...

Also concurring, Leslie Southwick was also unanimously voted “well qualified” by that same ABA committee on Jan 9 2007 see top of page 1 https://www.americanbar.org/content/dam/aba/administrative/f...

Edith Jones was appointed by Reagan in 85 so I can’t readily find her rating, but she almost entirely dissented from this ruling, so if she’s unqualified it runs against your point.

(Judges names via original opinion https://www.ca5.uscourts.gov/opinions/pub/21/21-51178-CV1.pd...)

Can I ask what the basis for your statement is?

Here is a sloppy copy paste of the list of judges voted unqualified by ABA since 1989 to further confirm the above (none of the concurring judges are on it and both were appointed since then)

—————————

Via https://ballotpedia.org/ABA_ratings_during_the_Trump_adminis...

Nominee Court President Rating Outcome

Alexander Williams Jr. District of Maryland Clinton Substantial majority not qualified Confirmed on August 6, 1993

Bruce Greer Southern District of Florida Clinton Substantial majority not qualified Nomination withdrawn

David Hamilton Southern District of Indiana Clinton Majority not qualified Confirmed on October 7, 1994

David Katz Northern District of Ohio Clinton Substantial majority not qualified Confirmed on October 7, 1994

Daniel Patrick Ryan Eastern District of Michigan G. W. Bush Substantial majority not qualified Nomination withdrawn

David Bunning Eastern District of Kentucky G. W. Bush Majority not qualified Confirmed on February 14, 2002

Dora Irizarry Eastern District of New York G. W. Bush Majority not qualified Confirmed on June 24, 2004

Frederick Rohlfing District of Hawaii G. W. Bush Unanimously not qualified Nomination withdrawn without hearings

Gregory Van Tatenhove Eastern District of Kentucky G. W. Bush Majority not qualified Confirmed on December 21, 2005

Michael Brunson Wallace Fifth Circuit Court of Appeals G. W. Bush Unanimously not qualified Nomination withdrawn without hearings

Roger Benitez Southern District of California G. W. Bush Substantial majority not qualified Confirmed on June 17, 2004

Vanessa Bryant District of Connecticut G. W. Bush Substantial majority not qualified* Confirmed on March 28, 2007

Brett Talley Middle District of Alabama Trump Unanimously not qualified Nomination withdrawn

Charles B. Goodwin Western District of Oklahoma Trump Majority not qualified Confirmed on August 28, 2018

Holly Lou Teeter District of Kansas Trump Substantial majority not qualified Confirmed on August 1, 2018

John O'Connor Northern, Eastern, and Western Districts of Oklahoma Trump Unanimously not qualified Nomination withdrawn

Jonathan Kobes Eighth Circuit Court of Appeals Trump Substantial majority not qualified Confirmed on December 11, 2018

Justin Walker Western District of Kentucky Trump Substantial majority not qualified Confirmed on October 24, 2019

L. Steven Grasz Eighth Circuit Court of Appeals Trump Unanimously not qualified Confirmed on December 12, 2017

Lawrence VanDyke Ninth Circuit Court of Appeals Trump Substantial majority not qualified Confirmed on December 11, 2019

*This rating represents Bryant's nomination to the 109th Congress; Bryant's rating changed when her nomination was submitted to the 110th Congress. A substantial majority rated her as qualified at that time.
Source: American Bar Association
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