January 23, 2025
Senate Judiciary bypasses ABA ratings for Article III nominees
Criminal defense lawyer nominated for judgeship as loyalty trumps qualifications
📜Constitutional Law🏛️Government📚Historical Precedent
A leaked loyalty questionnaire includes a catch-all question requiring nominees to disclose any past criticisms of the President (Washington Post)
A 2025 Gallup poll found that 68% of respondents say presidents should prioritize expertise over loyalty (Gallup)
The Office of Government Ethics warned that the loyalty questionnaire may violate 5 CFR § 2635.702, which bars use of public office for private gain—including enforcing political loyalty (OGE memo)
📜Constitutional Law🏛️Government📚Historical Precedent
Test Your Knowledge
10
Q1
Which former cabinet secretary called the test “government by sycophant” on CNN?
Q2
Senate historians compared the test to Andrew Jackson's creation of the:
Q3
Which ally's foreign minister expressed concern over “politicizing national-security posts”?
Q4
Gallup poll: ___ % say presidents should prioritize expertise over loyalty.
Q5
Politico headline dubbed the process a “_____ oath for cabinet hopefuls.”
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Start QuizPeople, bills, and sources
President Donald Trump
nominated his criminal defense lawyer to a federal judgeship and halted bar association vetting during his first week back in office (Topic description, 2025-01-23)
Annalena Baerbock (Foreign Minister of Germany)
expressed concern that loyalty tests would politicize national-security posts (German MFA)
Rex Tillerson (former Secretary of State)
described the loyalty test as “government by sycophant” (CNN)