President Trump nominated eleven people to federal district judgeships yesterday, covering districts in Alabama, Georgia, North Carolina, Oklahoma, and Tennessee. Once again, I am struck by the nominees’ breadth of experience. The group of eleven includes five attorneys in private practice, three state court judges, one United States Magistrate Judge, one law professor, and one state legislator. Several of the nominees have practice experience in both the government and the private sector.
As a general matter, I have been very impressed with the quality of judicial nominees coming from the administration. Hopefully Congress will hold swift confirmation hearings on the nominees and begin to cure the severe vacancy crisis in our federal district courts.
Today, the Senate Judiciary Committee will consider a number of President Trump’s judicial nominees, including current Idaho state judge David Nye. In related news, the President has nominated Colorado Supreme Court Justice Allison Eid to the Tenth Circuit seat previously held by Neil Gorsuch.
Assuming that Nye and Eid are eventually confirmed by the Senate, their current state seats will become open, and will be filled by their respective state governors from a list provided by a nominating commission. (One interesting twist is that Colorado Governor John Hickenlooper, a Democrat, would be given his fourth appointment to the state supreme court, replacing a more conservative justice with presumably a more liberal one.)
The new judges in Colorado and Idaho will both serve a short, interim term before facing the voters. But the way in which they will face the voters is quite different, and highlights challenges that some states face in attracting qualified candidates for the state bench.
Continue reading “The cascade effects of federal judicial nominations”
The Oregonian has an interesting article on the efforts of state and federal courts to crack down on citizens not appearing for jury duty. The story nicely describes the range of tactics in play, from jury coordinators and James Taylor concert videos to being individually summoned and grilled by an irritated judge.
Jury trials are central to the American justice system, and citizens who serve on a jury almost always walk away with a better appreciation for the court system and their own civic responsibilities.
For a century, the U.S. Senate has followed an unwritten “blue-slip” practice, in which Senators are permitted to block federal district and circuit court nominees from their home states from advancing to a confirmation vote, simply by declining to endorse the nominees. Viewed in the most positive light, the practice allows Senators to exercise informed discretion over the nominee’s fit with a local court and local constituency. Viewed more cynically, the blue-slip procedure provides Senators with essentially unchecked power to block nominees for any reason, no matter how ideological, arbitrary, or mean-spirited.
Senate Republicans are now openly talking about modifying the practice, to extend blue-slip privileges only over district court nominees. This means that a single Senator could not hold up confirmation hearings over individuals nominated to serve on the U.S. Courts of Appeal. Senator John Cornyn (R-TX) explained: “I think there’s a difference between the blue-slip application at the district court level where the courts is contained wholly within a state as opposed to a circuit court which covers multiple states…. The idea that an individual senator could veto in effect a nominee at the circuit court level is really unprecedented and I think it needs to be carefully looked at.”
Want to keep track of the status of all pending federal judicial nominations? Here is the Senate Judiciary’s Committee’s website.
The Federal Judicial Center has updated and enhanced its interactive database on federal case filings, covering civil and criminal cases from 1970 to the present, appeals from 1971 to the present, and bankruptcy filings from 2008 to the present. This is undoubtedly a valuable asset for court researchers.
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”