Bunning was nominated by President George W. Bush on September 4, 2001, to a seat on the United States District Court for the Eastern District of Kentucky, which was vacated by William Bertelsman. On December 10, 2001, representatives of the American Bar Association's Standing Committee on Federal Judiciary testified before the United States Senate Committee of the Judiciary for the ABA's majority opinion that Bunning was unqualified for the position of a Federal District Court Judge due to his age of 35, a lack of complex civil case experience as a federal attorney, and his "middle-of-the-class law school" experience at the University of Kentucky.[3] He was confirmed by the United States Senate with a unanimous vote on February 14, 2002[4]
, and received his commission on February 19, 2002.[2]
On September 3, 2015, Bunning issued a contempt of court ruling against Rowan County clerk Kim Davis and had her jailed for refusing to issue marriage licenses to same-sex couples.[5] Bunning said in his ruling, "Our form of government will not survive unless we, as a society, agree to respect the U.S. Supreme Court's decisions, regardless of our personal opinions. Davis is certainly free to disagree with the Court's opinion, as many Americans likely do, but that does not excuse her from complying with it. To hold otherwise would set a dangerous precedent."[6]
