An End – And a Beginning

So it’s finally here.  After nearly eight years, and more than four hundred nominee profiles, it’s time to close the final chapter on the Vetting Room.  When I first started the Vetting Room eight years ago, I wrote my hopes that this blog would be a way to “inform the general public about candidates for the federal bench.”  I think we’ve succeeded in doing that.  I also hoped that, by providing “disinterested” commentary (in the sense that we’re not advocating for or against individual nominees), the Vetting Room could be a part of de-escalating confirmation tensions and supporting an apolitical judiciary.

Reflecting back, there is much to be proud of.  I never expected that a small legal blog started by a nobody with some assistance from his friends and associates would become one of the most widely searched resources on judicial nominees.  Furthermore, I’ve received messages of praise and support from prominent liberals and conservatives who have praised the tone and content of our write-ups.  Similarly, I’ve fielded angry messages and comments both from folks convinced that we’re secretly suppressing unfavorable information on nominees and from those accusing us of writing hit pieces, in one case, addressing a single article.  Needless to say, we must be doing something right.

I’m also thankful for all the support we’ve gotten, not just from the amazing attorneys who wrote for us, but also from attorneys and law students who helped with research, and from fellow legal bloggers and lawyers who shared, retweeted and commented on our posts.  I would note that Howard Bashman of How Appealing has been particularly generous with sharing our write-ups and with his support.

Given all this, one might wonder why the Vetting Room is shuttering.  Especially with an incoming Administration that is likely to push to reshape the judiciary in a more conservative direction, and likely to be the source of dozens, if not hundreds, of posts.  Well, see, that’s the thing.

Writing and managing a legal blog is not cost-less. Several hours of research, wordsmithing, and analysis go into each post, not just in how to frame each nominee’s background, but also in determining what information should or should not be included. Time spent here is time not spent with my family, or pursuing other passions and interests. Having kept up with the blog through four years of a Republican President and four years of a Democratic President, now seems like the right time to move on.

The Vetting Room is not being taken down, and the posts that are here will stay on (at least for the near future).  As time dictates, additional posts detailing the history of the judiciary (some of my favorite writing but ones I’ve had trouble keeping up with) may be added.

This is not to say that it is time to disengage from judicial nominations entirely. Our founding fathers intended for the confirmation process to include public review and input. In the end, all Americans have an interest in having a Judiciary that decides based on the rule of law, rather than ideology or partisanship. And I expect that vigilance in the process will not cease.

Perhaps, if other interested attorneys come forward who would want to carry the mantle for an apolitical judiciary, the Vetting Room may revive as such. Until then, I thank all the readers this blog has maintained for their support and encouragement, and hope that, in our own way, we’ve had a positive impact on the judicial nomination discourse.

1,803 Comments

    • Mike S.'s avatar

      I didn’t realize that there was an amendment to get rid of the merit based system currently in place. It seems to work very well in Kansas and keeps the court fairly balanced. Kelly seems to have been a very productive governor, and has managed to appoint a number of justices to the bench.

      Liked by 2 people

  4. Mitch's avatar

    The SJC just voted out five judicial nominees to the floor. Daniel Traynor, Kasdin Mitchell, and Angela Colmenero were voted for by 11 to 10 party line votes. Antonio Pozos was voted for by 12 to 9. Michael Martin was voted for by 14 to 7.

    Liked by 1 person

  5. raylodato's avatar

    Kara Westercamp’s cloture vote was 49-48, with Murphy being the only D absent. (Collins voted no).

    Without me having to go through all 1600 comments on this thread, can someone remind me why Westercamp is controversial? Usually IT nominees sail through in any administration.

    Liked by 1 person

  7. Mike S.'s avatar

    Also, I know I mentioned this before Dequan… but would you put together a post on the state of judicial nominations before the midterms? I know I’m volunteering you… but you were in contact with Harsh, and he seems to be OK with leaving the blog up, and I know you gave done a guest post before. I think it would be great to have a new opportunity for folks to comment on a fresh post!

    Liked by 1 person

  9. raylodato's avatar

    U.S. Courts is listed Terrence Boyle from EDNC as having announced he’s going senior.

    Boyle was an aide to Sen. Jesse Helms (R-NC), who for you young whippernsnappers was the ideological ancestor of Trump & white nationalism, an unreconstructed racist and generally horrible person.

    Boyle’s been pretty conservative on the district court, and was nominated for the 4th Circuit twice, not getting a vote either time. He will not be missed.

    Liked by 3 people

  10. Mike S.'s avatar

    Dequan, I hope you can convince Harsh to let you write up a new post, which you will obviously need to comment on with along with everyone else.

    There is also another upcoming vacancy in NC as well. Will Tillis play ball or slow walk them if he doesn’t get what he wants? Stay tuned…

    I also wonder if Darline Graham will replace her brother on judiciary. I originally assumed she would be a caretaker, but Trump just endorsed her to run for the full term. I’ve heard she is more moderate than her brother, so I am all for this. She’ll have to play ball until the election, which I am assuming she will have no trouble winning, but who knows after that?

    Liked by 2 people

  11. Zack Jones's avatar

    Terrence Boyle was one of the few times over the years Senate Democrats put their foots down and told Republicans no chance in heck was an unfit hack getting onto a higher court.

    Such a shame they didn’t do that more often.

    As for Matthew Schwartz, yea, those who have been there over the years know how that as much as folks like to call out Schumer, he didn’t drop the ball the way Patrick Leahy did.

    Schwartz was confirmed to the seat held by George W Judge Debra Livingston AFTER Democrats had control of the Senate back in 2007

    Leahy and Harry Reid could and should have told W to take her nomination among others and shove them but they didn’t.

    So in contrast to Obama who only had one Circuit court judge confirmed after 2014 and Clinton who had to make deals to put conservative judges on the court in, W and Republicans were able to get several conservative judges put on the courts, some of whom have taken senior status under Trump and replaced by folks just as bad or worse then them.

    Drives me nuts, and don’t even get me started on Leahy clinging to blue slips.

    As much as that deal Schumer did drives me nuts, he had a far worse hand to play then Leahy/Reid did.

    They are the ones who truly dropped the ball IMO.

    Liked by 1 person

    • Dequan's avatar

      I give little blame to Reid. He is the Democrat majority leader with the hardest spine of all. He invoked the nuclear option when Republicans acted like the DC Circuit all of a sudden only needed 8 judges instead of 11. I remember a time where there were almost no judges left on the docket to be confirmed before Obama’s last two years. I wish Democrats hadn’t confirmed as many judges in Bush’s last two years, however I don’t think the days of full court press blockage would have flown in 2007 & 2008.

      You are spot on about Leahy however. And as much as I hate the Schumer “Deal”, yes I agree Leahy did far more damage to the judiciary than Schumer. This is why it’s key to fight in the primaries of these senate races. Having a majority will do little good when senators like Manchin, Sinema & Fetterman can be the deciding votes. I was happy to see Troy Jackson pretty much wrap up the Maine Democrat nomination today. Now if a Democrat defeats Collins, it would be a real change to the left versus a moderate.

      Like

  12. Zack Jones's avatar

    Clinton and George Sr had several judges blocked so I don’t think it would have been that much different if it had happened under W at the end.

    I’m glad Reid did what he did with the nuclear option but I wish he had put his foot down sooner in Obama’s second term.

    My biggest issue with him is that when he did the nuclear option, he should have made clear the blue slip for Circuit court seats was going as well, since Republicans had long made clear there was going to be two sets of standards for them and had shown under W the blue slip was an optional thing (why some of W’s nominees got filibustered) so for that not to be gutted was malpractice, especially since it can and did result in flips of some seats that shouldn’t have happened and stopped us from doing the same, including seats that opened up in 2011 and 2012.

    That was malpractice, especially since Leahy had a far stronger hand then Schumer ever did.

    As for the Maine race, what’s done is done there, I hope Jackson can win.

    The Michigan primary makes me nervous, a lot of bad blood there and I don’t know if Democratic voters there will be able to put on their adult pants afterwards and do the right thing in the general.

    Liked by 1 person

  13. Ryan J's avatar

    I think it’s notable to mention that Nebraska judge Robert Rossiter is NOT taking senior status, at least for now. It has generally been a tradition that Nebraska judges go senior as soon as they meet eligibility requirements since their court is pretty understaffed. Rossiter became eligible to go senior this past Thursday, July 16, and while he stepped down as chief judge, he remains an active district judge on the court for the forseeable future.

    Liked by 2 people

  14. Mike S.'s avatar

    Rossiter is a nominal Republican, my guess is he goes senior sometime next year. Depending on what happens during the midterms, that could result in another compromise pick.

    If you are interested in Harry Reid’s career, I would recommend reading: “The Game Changer: How Harry Reid Remade the Rules and Showed Democrats How to Fight” by Jon Ralston. The book was very written and there are some interesting tidbits about judicial nominations, as well as a whole chapter devoted to the nuclear option saga of 2013.

    Liked by 1 person

    • Dequan's avatar

      Meanwhile Republicans whipped all 49 of their senators to show up after the 2024 election that is need up flipping 4 circuit court seats for Trump to fill. The two sides are just not the same when it comes to the judiciary. Instead of showing up for work, they are in a rush to get their Summer recess started early…smh

      Liked by 1 person

  17. Mitch's avatar

    Two new Federal judges got confirmed today. Ben Flowers is now on the Sixth Circuit Court of Appeals, confirmed by a narrow margin.

    Michael Martin is now a Federal judge for the Eastern District of Michigan. He was confirmed by 62 to 36, the larges margin fo any of Trump’s second term nominees.

    Liked by 1 person

    • Ryan J's avatar

      Maybe the 5th? Though I actually can visualize a way the 5th flips (Jones & Smith have big egos, while Southwick & Haynes are pretty moderate; 4 R-to-D flips would give Dem appointees a majority).

      The 2nd, 3rd, 4th, 7th, 9th, 10th, & 11th circuits are all pretty balanced, meaning the minority party can sometimes get majorities via defections from the majority party (yes, under this definition SCOTUS is considered “balanced”).

      The Federal Circuit is definitely more liberal right now but conservatives would have the majority if the 3 oldest judges (Newman, Lourie, Dyk) all vacate under Trump. Really only the 1st and D.C. circuits are safe from MAGA right now since they largely consist of relatively young (age <65) liberals.

      Liked by 2 people

    • Ryan J's avatar

      I’ve also heard claims that if the GOP loses power in 2026/28, Thomas & Alito will step down and that Trump already has prepared successors that the GOP could quickly confirm.

      I don’t know how true these claims are, and while it works for scotus, it doesn’t work large scale. They simply wouldn’t have enough time to confirm successors for Clarence Thomas, Samuel Alito, Edith Jones, Jerry Smith, etc. if they all panic and announce conditional, rescindable vacancies after the GOP loses power in 2026 or 2028.

      Liked by 1 person

      • Dequan's avatar

        I don’t see Thomas stepping down before he breaks the record even if the GOP loses this November. Also keep in mind the Democrats would need a Fetterman-proof majority so I doubt they will flip that many seats, especially with the trouble in Maine, there best pick up opportunity.

        Never count Republicans out when it comes to not having enough time to confirm a new nominee. A justice or judge announcing by the first Friday of November is still enough time to confirm a successor (Not enough time to backfill the judge who is picked seat but it’s worth the tradeoff). Here’s a mock timeline…

        Friday, November 6 – Retirement announcemnt

        Monday, November 9 – Nominee announced (If not sooner)

        Monday, December 7 – SJC hearing begins

        Monday, December 14 – Nominee held over

        Monday, December 21 – SJC votes nominee to the floor

        Wednesday, December 23 – Majority leader sets up cloture vote

        Monday, December 28 – Cloture invoked

        Wednesday, December 30 – Confirmation vote

        If ANYBODY on this blog thinks Christmas or New Years vacation would stop a Republican majority of confirming a Supreme Court justice in their 40’s to replace one in their late 60’s, you just haven’t been paying attention. Again, this is a mock timeline for Republicans. If you are talking about Democrats then yes, I agree, there wouldn’t be enough time.

        Like

      • humanfault's avatar

        While I could see a scenario in which Republicans would be able to ram through a Supreme Court Justice in the span of a couple weeks I don’t know how realistic it is to think an Alito or Thomas would risk it. These are both very egotistical men who are at the peak of their power. To risk the potential for Republicans to be asleep at the wheel when they (In their own minds) could easily live well into their late eighties like Justices Kennedy, Souter, and Ginsberg, and where they could still be writing conservative opinions until the next Republican President doesn’t seem to likely. Not all Supreme Court Justices kick the bucket as “young” as Scalia did back in 2016.

        Liked by 2 people

  19. Ryan J's avatar

    I’m happy to see 2 major pro-choice victories from moderate Biden judges who were both confirmed with broad bipartisan support.

    In South Dakota, Camela Theeler blocked South Carolina’s abortion-pill advertising ban, which is really an attempt to target pro-choice websites and activists. And in Virginia, Robert Ballou suggested that the FDA’s current abortion pill rules are too restrictive, putting him at odds with the 5th circuit which thinks the abortion pill rules are too lax.

    Liked by 2 people

    • Dequan's avatar

      I was screaming for Democrats to do this under Biden but I am happy Republicans finally did it. Now they have shown Democrats how to get the job done so hopefully we won’t have another Democrat president along with senate majority that ended up leaving so many nominees unconfirmed like the last one did.

      Like

  23. Mike S.'s avatar

    Yup, agree. It was heading this way anyway, and it will now be way easier for a Senate controlled by Democrats to fill vacancies from a Democrat President.

    Of the two open seats on the District of Columbia Court of Appeals, not to be confused with the D.C. Circ., one vacancy is from 2023 and the other and oldest vacancy is from 2013! It’s just difficult to understand how that is even possible…

    Liked by 2 people

  26. Mitch's avatar

    A surprise ruling from the Third Circuit Court of Appeals. The entire court ruled by 10 to 5 that New Jersey’s ban on semi-automatic weapons violated the Second Amendment.

    Here’s what’s notable. The ruling was authord by Arianna Freeman of Pennsylvania, a progressive Biden appointee. Tamika Montgomery Reeves filed a concurring opinion as part of the majority.

    Cindy Chung of Pennsylvania ruled partially concurring and partially dissenting. Only four judges on the court ruled for the ban entirely.

    Liked by 2 people

    • Ryan J's avatar

      A Slate article covered this ruling and broke down why each judge might have voted the way they did. Freeman and Montgomery-Reeves both worked as public defenders, which may have led them to be skeptical of these gun laws that are probably enforced more harshly on people of color. Dahlia Lithwick & Mark Joseph Stern highlighted the extent of Freeman’s majority opinion: she didn’t side with the majority in order to write a narrower opinion than a conservative colleague would write. Freeman went all out in her ruling, basically creating a loophole for gun manufacturers (flooding the marketplace with a specific type of weapon will give that weapon constitutionally protected status). And MAGA judges like Emil Bove were happy to join Freeman’s sweeping opinion.

      I’ve heard in some progressive circles “If you are progressive enough you circle back to being pro-gun”. While I support gun control, I can understand why some progressives don’t, especially given all the attacks on our other rights. But the Supreme Court may use Freeman’s opinion as an excuse to claim that expanding gun rights is bipartisan, even as prominent conservatives such as Frank Easterbrook & J. Harvie Wilkinson have upheld similar gun regulations.

      Liked by 1 person

    • Mitch's avatar

      National Review wrote an editorial praising the ruling and Arianna Freeman’s leadership in it. It states that many liberals are astonished and livid about it. NR added that it probably destroyed any chance Freeman has for being appointed to the Supreme Court.

      It notes that Tamika Montgomery-Reeves wanted to wait for the Supreme Court to issue a ruling before taking up the case, But otherwise she mostly agreed with the “well reasonsed” ruling that is in line with previous Supreme Court rulings on the issue.

      The case has now been sent back to District Court to rule on other weapons not covered in the Third Circuit’s ruling.

      Liked by 2 people

  27. Mitch's avatar

    The Senate just voted to confirm eight nominees to local D.C. court, including the D.C. Superior Court. Those include Michael DeLorenzo, Christopher DeBono, Sharon Goodie, Craig Leen, Christine Macey, and John Timmer.

    Liked by 2 people

  28. 39wimpyclues's avatar

    With the lull in court appointments and nominations, I got curious and started wondering

    How is the professional, working relationship between liberal and conservative and far-right judges? And in spite of political differences, do friendships form between them

    We all know about the friendship between Justices Scalia and Ginsburg in the Supreme Court. And the hostility of the two Ediths and their liberal colleagues in the 5th Circuit

    But does anyone else know what’s the deal in the other courts?

    Like, how’s Nancy Abudu’s relationship with her Trump appointed colleagues? Or Dana Douglas in the 5th Circuit especially with such right-wing luminaries like James Ho and Jennifer Walker Elrod? Or even Jane Kelly as the only liberal in the 8th surrounded by conservative to right-wing male judges

    I’d like to know because cross political friendships fascinate me.

    Liked by 1 person

    • Mitch's avatar

      @39wimpyclues

      Good question. The Circuit Courts differ from the Supreme Court in that they cover a lot more territory. Often, rulings are issued by three-judge panels rather than the entire court. So I expect they don’t spend as much time together as the Supreme Court justices.

      During the Presidencies of Obama and Bush, the Sixth Circuit Court of Appeals was the scene of conflict that became highly personal. That seems to have eased in recent years.

      Liked by 2 people

      • Mitch's avatar

        Chief Judge Boyce Martin of Kentucky, a Carter appointee, got into a fued with some of the conservative appoitnees. A strong progressiuve, he was accused of rushing cases before vacancies could be filled during the Bush Administration. Also, he assigned controversial cases to ideological allies instead of randomly. The case of Grutter vs. Bollinger resulted in a complaint against him.

        Things came to a head when he criticized Alice Batchelder of Ohio for a ruling he lost, as her husband had some level of involvement in the case. Thing is, no one complained about it until after the ruling and no one accused Batchelder of any wrongdoing. It caused strained relations between the liberal and conservative factions.

        A short time later, Martin’s tenure as Chief Judge ended and Batchelder became Chief Judge. She and fellow Ohio Judge Deborah Cook got several of the judges to file a formal ethics complaint against Martin accusing him of misusing his travel expense account. The animousity between Martin’s supporters and Batchelder’s supporters because so hostile, it was rumored that some in the legal community began to avoid the court.

        Martin resigned from the court in mid 2013. He died three years later.

        Liked by 2 people

    • Mitch's avatar

      @MikeS.

      Glad to do it.

      I’d heard about the fueding years ago. But I looked into it more deeply after a thread with Dequan about Andre Mathis, who was narrowly confirmed during the Biden years. I had wondered how he would adapt to the court with its history? Dequan was confident he’d be OK

      In any event, the main participants are either off the court or in Senior Status. So I think that the anger has receeded.

      Liked by 1 person

  31. Dequan's avatar

    It appears Trump is nominating Samuel D. Adkisson to the EDTN. He is currently the special assistant in the White House Counsel’s Office. He graduated from Yale Law School in 2018, so I assume he was born around 1990.

    Like

    • Dequan's avatar

      I agree nobody with less than 10 years’ experience should be on the federal bench, but I don’t agree that if Republicans are going to do it, Democrats shouldn’t. Sorry, I don’t make the rules but I damn sure am going to play by the rules on the books at the time I’m playing any game.

      Right now, one side is appointing federal judges in their 30’s. I would advise any future Democrat president to respond in kind until we get back to a time when qualifications matter more than youth.

      Like

      • Mike S.'s avatar

        I would like to see a happy middle ground. The Obama administration focused on more established, center-left leaning judges, typically around the median age of 50. When Biden took office, many judges hit the age to go senior, and Biden was able to replace them with younger judges with the benefit of the Obama judges still hearing cases in senior status.

        Trump in his second term has focused almost exclusively on youth and perceived loyalty to both him and the MAGA cause. Such a focus is bad for the judiciary in the longterm. A federal judge should be well seasoned and experienced as opposed to too much “learning on the bench”. I am deeply concerned about the hyper politicization of the judiciary, which has gotten worse under Trump 2.0.

        I like the Biden approach to judges, and I hope that continues with the next administration. There are plenty of judges in their early to mid 40s, with 15-20 years of practice, who are left leaning, well prepared and of high intellect.

        Finally, I also appreciate Biden’s focus on diversity: women, black, hispanic, etc., and other folks not typically represented in the judiciary in the past. That is not to say that diversity trumps merit, not at all. But a more diverse judiciary benefits everyone and is more reflective of the people it serves. We are continuing to see more young, white males nominated under Trump. There is still only one woman serving on the 8th Circ. in 2026, despite Trump’s recent appointments – to me, that is baffling…

        Liked by 1 person

  34. Zack's avatar

    Been a while so I wanted to add my two cents on various posts that have been made.

    1) Terrance Boyle – Saw where he was taking senior status .
    One of the few times Democrats showed a spine and told BOTH George W and Sr. to take Boyle’s nomination to the 4th Circuit and shove it.
    Wish we could have seen that more often.

    2) The tension on the 6th Circuit was more then just one case involving Alice Batchelder, there were several over the years involving gerrymandering and other things OH Republicans did where she was the key vote despite the fact her husband had a direct hand in them, which was pointed out in dissents.
    It got to the point the judges of the different groups refused to meet for monthly lunches etc.
    That has gone away to some degree now that she’s gone but it’s a reminder conservatives haven’t care about rules or optics for a long time.

    3) On younger judges, the fact there are still active judges from the Reagan era on Circuit courts not to mention Thomas and Alito among others shows how Republicans have played the long game on the courts.

    The fact is the hacks being put on the courts under Trump aren’t qualified any more then Edith Jones was when she was put on the 5th Circuit at just 35.

    They’re there to push the law to the far right on everything and on that I don’t want to play that game.

    Having said that, I also feel we could go with some nominees in their late 30’s to early 40’s who ARE qualified.

    That has to be the norm going forward IMO.

    Liked by 1 person

  35. Mitch's avatar

    There are other courts with divsions now, though it hasn’t seeped into personal animousity.

    The Fourth Circuit Court of Appeals (West Virginia, Maryland, Virginia, & the Carolinas) has a 9 to 6 Democrati-appointed majority and several 9 to 6 rulings. There have been some accusaions of bad faith. James Wynn of North Carolina, an Obama appointee, got press and criticism when he annouced Senior Status in 2024 then withdrew it in 2025. Interestingly, Reagan appointee Harvie Wilkinson, once a conserative star, is now considered a Never-Trump Republican. His attack on the Trump Administration in the Kilmar Garcia case went beyond what many Democratic appointees are willing to say.

    The Ninth Circuit Court of Appeals (most of the Western states including the Pacific Coast) has long been known for ideolical fueding. That has eased some after the passsing of Stephen Reinhardt, whose wife was Director of the California Civil Liberties Union, and the restirement of William Fletcher. But two Trump appointees have shaken things up, Kenneth Collins of California has criticized some other judges openly. Lawrence Van Dyke made national headlines with his pithy dissents on some cases he lost. His ruling on a women’s health spa can’t be posted on a family-friendly site like this.

    But I’ve never known other Federal courts in modern times to have the personal enmity that the Sixth Circuit once had. I found more on that.

    In 2003, Boyce Martin’s fellow Kentuckian Danny Boggs once claimed that the liberals on the court were so pro-criminal, a death penalty prisoner could complain about hot dogs on the menu as cruel and unusual punishment and Martin and his allies grant the inmate a stay of execution.

    Liberal Judge Martha Craig Daughtry of Tennessee, an ally of Martin, called his comments an affront to the judiciary and claimed that he had made the court look bad. In 2005, she tacitly supported an ethics complaint against Boggs for seving on the board of a libertarian group that gave free seminars.

    In 2016, Judge Damon Keith of Michigan accused members of the conservative faction of racism.

    Liked by 2 people

  36. Dequan's avatar

    Does anybody know what’s going on with the California Supreme Court vacancy? Justice Martin Jenkins Resigned October 31st last year & we still do not have a nominee. I would think Newsom would want one more crack at filling a seat on the highest court before leaving office. Any longer & he might run out of time to be able to fill the seat.

    Like

  37. Mike S.'s avatar

    Take it with a grain of salt, but per Wikipedia:

    “If a nominee is confirmed to fill a vacancy that arose partway through a judicial term, the justice must stand for retention during the next gubernatorial election. Voters then determine whether to retain the justice for the remainder of the judicial term. At the term’s conclusion, justices must again undergo a statewide retention election for a full 12-year term. If a majority votes “no”, the seat becomes vacant and may be filled by the Governor.”

    My thinking is that the nomination will come shortly before or after the election, to avoid the nominee having to go through effectively two retention votes, as the term for this seat ends in 2028. Not that the nominee is going to have an issue being retained in this election year… but I believe we have seen similar for prior nominees.

    Liked by 2 people

  39. Dequan's avatar

    And more bad news. A new article was written to post here about Trump 2.0 judicial nominees. Unfortunately Harsh has lost all of his log in’s he had for an administrator to the blog so he is unable to post it. He tried to find his old log in’s but it was tied to his old firm’s email account that he no longer has access to. So between that & nine new nominees, it’s truly a sad day for judicial news…

    Liked by 1 person

    • Mike S.'s avatar

      I hope he is able to figure out a way to regain access – I am very much looking forward to his post.

      I guess these nominees are not unexpected, but man… what a bummer. The Trump 2.0 nominees have just been so awful, by and large, it’s just depressing. I really hope we get a miracle and win back the Senate. Not proposing a shutdown of judicial confirmations (a la Senate Republicans circa 2014), but we really need to balance things out.

      Liked by 2 people

  40. Mike S.'s avatar

    I did a quick review of the nine names, and I don’t think any of them are very young or inexperienced, like the last few nominees. Some are current or former judges, or prosecutors. I’m actually glad to see OK nominees, since they desperately need judges. Maybe this (hopefully) last batch isn’t as bad as it could have been. One important note, all are men… which is crazy but on par with this administration.

    One good note is the primary election results last night were very positive for Democrats, so we have a real shot (I believe) to take back the Senate in November.

    Liked by 1 person

    • Dequan's avatar

      @Ethan did some research last night & sent me the following…

      Zack West (c. 1985-1988)

      Kyle Reardon (c. 1972)

      Courtney Coker (c. 1976)

      Richard Bennett (c. 1975)

      Peter Mansfield, c. 1978

      Bobby Long (c. 1982-1983)

      Brad Kelley, c. 1984

      Samuel Adkisson is 8 years out of law school

      Daniel Ballou – His website lists his exact date of birth (Nov 15, 1965)

      Like

      • Ryan J's avatar

        7 of the 9 nominees are in states where there is an outgoing senator, so I figure that they want to leave their “stamp” for decades to come.

        I forget whether I’ve already said this, but it’s just going to be *that* much harder for the next Democrat to fill red state seats if blue slips aren’t thrown out. By my count, out of the 32 Biden-appointed district judges approved by GOP senators with blue slip power, 26 of them are in states where at least one senator who approved their nomination will not be a senator in 2027.

        As hard as it was for Biden to fill red state seats, senators like John Cornyn, Bill Cassidy, Lindsey Graham, Joni Ernst, Marco Rubio, & Markwayne Mullin were willing to cooperate with the Biden administration in filling at least some of the vacant seats in their states. The Republicans vying to replace them might not be. Sen. Whitehouse or whoever the next Democratic chair of the judiciary committee is should consider this when deciding the fate of blue slips.

        Liked by 2 people

  41. Ryan J's avatar

    An embarrassing moment for Greg Steube (R-FL), who is possibly the first representative to file articles of impeachment against a dead judge:

    On July 15, Steube filed to impeach Judge John E. Steele (MDFL), a Clinton appointee in senior status, over a July 8 ruling ordering the release of a man who allegedly committed aircraft piracy, given that he had been detained 180 days (the limit for a Zadvydas detention) and there were no imminent plans to deport him.

    Unbeknownst to Steube, Steele had died on July 14, with his death being confirmed by the court on July 20. Based on a Politico case tracker, it appears that after his death, most of Judge Steele’s cases were transferred to Trump appointee Kyle Dudek, who is much more likely to rule in favor of the Trump administration (however, Dudek rejects the Trump administration’s broad mandatory detention claims and sometimes grants habeas petitions).

    Liked by 2 people

    • Ryan J's avatar

      Also of note, Matos will bring the court to a 3-2 Democratic majority. The 2 remaining Republicans are 86 and 77 years old. Rhode Island’s courts have no mandatory retirement age so Matos could serve for 20-30 years and RI is Democrat enough that he shouldn’t have to worry about timing his retirement to ensure he gets a like-minded successor.

      Liked by 1 person

  43. Mitch's avatar

    I have some brief bios on the nine judicial nominees:

    Daniel Ballou– Eastern District of Kentucky: Chief Judge of Whitley County Circuit Court since 2007. In private practice from 2000 to 2007. Law clerk to Judge Eugene Siller of the Sixth Circuit Court of Appeals from 1999-2000. A veteran of Operation Desert Storm. Recommended by Rand Paul.

    Richard Bennett– Southern District of Texas. U.S. Magistrate Judge for the Southern District of Texas since 2024. Multiple stints as AUSA, from 2004 to 2010, again from 2017 to 2024. Started as an ADA in Galveston County from 2000 to 2003, then clerked for Judge Marsha Crone from 2003 to 2004. A big selling point for the Trump Administration: he worked from 2010 to 2016 as a legal counsel for I.C.E.

    Coutney Coker– Northern District of Texas. Was an AUSA in Southern Mississippi from 2006 to 2019, ultimately being promoted to Chief of the Criminal Division. In 2019, he became an AUSA for for Northern Texas, became First Assistant U.S. Attorney.

    Kyle Reardon– District of Alaska. U.S. Magistrate Judge for Alaska since 2021. Was an AUSA for Alaska from 2014 to 2020, and for Eastern California from 2007 to 2014. Clerked for Magistrate Judge Gregory Hollows. Former Judge/Advocate for JAG. Recommended by Dan Sullivan. Side note: filiing this vacancy was delayed by a minor fued Sullivan had with Lisa Murkowski, Reardon seems to he a compromise candidate between them.

    Peter Mansfield– Eastern District of Louisiana. Began as a lawyer for Adams & Reece at its New Orleans office. Became an AUSA in 2005, focusing on white collar crime. Worked his way up to Chief of the Civil Division in 2008, where he ramins today.

    Bradford Kelley– Eastern District of Louisiana. Currently Chief of Technology Law at Littler, LLC at its D.C. office. Clerked for Judge Donald Walter of the Western District of Louisiana from 2013 to 2014. Became Senior Policy Advisor to the U.S. Labor Department from 2014 to 2020, then Chief Counsel to the EEOC from 2020 to 2023.

    Trevor Pemberton– Eastern District of Oklahoma. Currently leading the Pemberton Law Group, which he founded in 2024. Was a judge on the Oklahoma Court of Appeals from 2018 to 2021, then became General Counsel to Oklahoma Governor Kevin Stitt from 2021 to 2024. Worked as a litigator in private practice, focusing on commercial law and civil law.

    Zach West– Northern District of Oklahoma. Began as a law clerk for Judge Leon Holmes of Eastern Arkansas from 2012 to 2013, then for Judge Bobby Baldock of the Tenth Circuit Court of Appeals from 2014 to 2015. Was a fellow for the Claremont Institute from 2013 to 2014. Joined the Oklahoma Attorney General’s office in 2014, was promoted to Director of Special Litigation.

    Robert Long– Middle District of Florida, Currently a judge on the Florida Court of Appeals since 2020, was Judge of the Leon County Circuit Court from 2016 to 2020. Worked for years at the Leon County Sheriff’s Office, first as a law enforecemnt officer, then after law school became General Counsel. Started as a Judge/Advocate for the U.S. Navy, is an Afghanistan War veteran.

    Liked by 3 people

      • Mitch's avatar

        @Dequan

        One thing that strikes me is how generic they are. They seem like the kind of nominees George W. Bush would choose. Richard Bennett’s legal work for I.C.E. could raise controversy. But I see no equilivent to Emil Bove in the dull, gray pack.

        Liked by 1 person

      • Dequan's avatar

        I said on an earlier post a few weeks back (Talking about the circuit court nominees) that the first couple of handful of nominees had zero sitting judges. None of them had any previous judicial experience at all. Since then, the last three consecutive nominees were all sitting US district court judges. We have added a fourth sitting US district court judge for the 8th (Arkansas) since.

        I don’t think that is by accident. A combination of losing McConnell’s vote along with the impending midterm election has pushed the administration to nominate safer choices that will near guarantee all GOP senators vote for confirmation. They may even pick up a Fetterman & possibly another Democrat or two as well. If Republicans hold on to the senate, I full expect the administration to revert back to the Bove types in the final two years.

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  44. Mike S.'s avatar

    Thank you, Mitch, for those excellent write-ups.

    I hate to be the bearer of bad news, but it looks like at least two more district court nominees: Jesus Osete for the W.D. Missouri and Phil Axt to the D.N.D.

    Both appear to be very young. Not sure how many more, if any, are coming. I would think they are running out of time with hearings, but I’m sure Republicans will find a way…

    Liked by 2 people

  45. Mitch's avatar

    @MikeS.

    For starters, you’re very welcome.

    Time for more bios:

    Jesus Osete– No surprise here. Osete applied for the judgeship for the Eighth Circuit Court of Appeals, was the runner-up to Justin Smith. He clerked for Judge Bobby Shepherd of the Eighth Circuit Court of Appeals (2016-17) and Chief Justice Zel Fisher of the Missouri Supreme Court (2017-18). He worked for the state Attorney General’s office (2019-22), then was General Counsel to Secretary of State Jay Ashcroft (2022-23). He was briefly a Boone County Circuit Court Judge (2023-25), and since then was appointed top deputy to AGA Harmeet Dhillon. He’d be the first Hispanic Federal judge from Missouri, but once said the D.E.I. should D.I.E.

    Phillip Axt– North Dakota State Solicitor General since 2023. Before graduating from law school in 2018, he served in Army Intelligence. Was a clerk to Judge Jennifer Elrod of the Fifth Circuit Court of Appeals (2018-19), then worked in private practice at Gibson Dunn & Crutcher at its Dallas office (2019-23). Was a John Marshall Fellow at the Claremont Institute in 2021.

    Liked by 2 people

  46. Humanfault's avatar

    An interesting consequence of Trump nominating so many incredibly young judges is that the next Republican President ~10 years down the line will likely have a significantly smaller number of judicial vacancies to fill and will subsequently have a much smaller impact in shaping the federal judiciary.

    Liked by 1 person

    • Ryan J's avatar

      If the next GOP president takes office in 2029, there will be a decent number of GW Bush & Trump 1.0 judges (i.e. Jennifer W Elrod, Daniel P Collins, Raymond Kethledge) becoming eligible for senior status between 2029-2033. This only compounds if Democrats hold the White House for 4, 8, 12 years before key voters forget how bad Trump 2.0 was.

      Then you gotta factor in how old some of the current GOP appointees are. 13 judges older than Carly Simon (age 83), 23 judges older than Trump (age 80), 29 judges older than Don Henley (age 79), 31 judges older than Clarence Thomas (age 78), and 37 judges older than Billy Gibbons (age 76) (yes, this is actually how I keep track of how old judges are). Most of these judges age >76 are GOP appointed. Although they might go senior under Trump or die/reluctantly go senior under a Democratic president, they might make it to the next GOP president.

      If the next GOP president has as little vacancies as Trump 2.0 does so far, it probably means that Democrats have flipped some GOP-held seats. I think just like during Trump 1.0, a lot of judges (both liberal and conservative) are holding on until the madness of Trump 2.0 is over.

      Liked by 2 people

      • Mike S.'s avatar

        Now, what circuit court does Judge Carly Simon sit on? If I remember correctly, Judge Billy Gibbons is a prolific writer on the 8th Circuit…

        Question for the group … will the GOP hold a October judiciary hearing while the Senate as a whole is out of session? They have roughly 14 nominees they need to process by late November, so that has gotta be 3 hearings, at least.

        Liked by 2 people

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