On Monday, the President nominated ten individuals for federal judgeships — five on the circuit courts of appeal, four on the district courts, and one on the U.S. Court of Claims. Three of the ten (Joan Larsen of Michigan, David Stras of Minnesota, and David Nye of Idaho) currently sit on state courts — Larsen and Stras on their state supreme courts, and Nye on his state’s trial bench.
The value of state court experience for federal judges has not been discussed much, but it should be. An intimate knowledge of state law and state court operations is surprisingly useful for the federal bench. And appointing federal judges from the state courts has valuable ripple effects for the states as well. More after the jump.
Continue reading “Several new federal judicial nominees have state court experience, and that’s great news”
A few more details here.
Among the rumored names are several state supreme court justices. If that pans out, we’ll have more to say in the coming days on the impact of state-level experience on the federal bench.
In Florida, as in many other states, the state’s U.S. Senators have created a nominating panel to recommend potential nominees for the federal judicial openings. As part of the larger vacancy crisis, Florida currently has seven openings at the federal district court level. The state’s Lieutenant Governor, Carlos Lopez-Cantera, has been chosen as the new head of the nominating panel.
Let’s hope that the panel does good work, President Trump takes advantage of their pre-screening process, Senators Rubio and Nelson help shepherd the nominees through the Senate, and the people of Florida are able to enjoy a full-strength federal bench in short order.
David Lat has a typically insightful post at Above the Law, looking at the potential nominees for openings in the federal district courts and federal circuit courts. One of the more striking parts of his analysis is the relative youth of many of the names being kicked around — most are in their 30s or 40s. This makes sense from the President’s perspective; younger judges allow him to shape the federal bench for decades to come. But it is also a moment of reckoning for those of us in that generation. Continue reading “Gen X prepares to take the bench”
In several states, the two senators collectively create a screening committee to recommend names of local attorneys and state judges to the President for a federal judicial appointment. The committees are not mandatory, and have been used somewhat haphazardly over time, but they do allow senators to provide useful information to the President about qualified individuals for the federal bench. The committees also help lock the senators in when home-state openings arise: by pre-screening a list of possible candidates, the senators are essentially telling the President that they will support any nominee who comes from that list. Such advance agreement avoids the embarrassment that Senator Michael Bennett must have felt earlier this month when, for purely partisan reasons, he had to vote against an extremely well-qualified fellow Coloradan, Neil Gorsuch, for the Supreme Court. Continue reading “Washington’s senators ask President to honor work of their judicial screening committee”
There are more than 100 openings on the federal district courts, most of which will be filled by nominees who have never held judicial office. A strong early rating from the ABA would not only smooth the confirmation process, but would send a positive signal to the public.
President Trump has apparently decided not to invite the American Bar Association’s Standing Committee on the Judiciary to review the professional qualifications of his lower federal judicial nominees, stating that “the administration does ‘not intend to give any professional organizations special access to our nominees.'” This move is not unprecedented, but it is deeply short-sighted.
Continue reading “The President’s unforced error on ABA vetting”