Best and worst judges to clerk for Forum

[Anonymous User]

I agree that Circuit prestige is overblown, especially with regard to the 2nd, 7th, and 9th Circuits. In my observation, however, it is indeed real with regard to the DC Circuit and, in the more niche world of patent litigation, the Federal Circuit.

Ugh I turned down a D.C. Circuit clerkship for a Ninth Circuit clerkship. I will forever regret this decision (95% joking).

I'd regret that decision because CA9 has such a higher workload, not because of the "prestige."

[Anonymous User]

Not to derail the prestige ranking of 2/9/DC, but can somebody please talk about Judge VanDyke's orientation video?

[Anonymous User]

Anyone have any info on Eric Miller?

[Anonymous User]

Anyone have any info on Eric Miller?

All I know is he’s pretty FedSoc but not at all ideological in his hiring. I think most of the people he’s hired from my school are ACS types, though that might be because he’s well connected to a somewhat liberal prof here. No intel on what he’s like as a boss though.

[Anonymous User]

Anyone have any info on Eric Miller?

One of the most moderate Trump appointees, well-respected on the Ninth (specifically noted for his popularity in that notorious LA Times article), votes against all conservative en banc calls but center-right on panels, worked in the Obama OSG, generally hires liberalish clerks on-plan, part of the UChicago loyalist network. Basically West Coast Scudder. Close confirmation vote but, like a couple of other Trump appointees, he was basically a sheep in wolf’s clothing, and the vote was partially because he was the first blue-slip-breaker.

[Anonymous User]

Anyone have any info on Eric Miller?

Quoting from prior anon posts on Miller in this thread:

Anon because former CA9.

Miller is very well respected by his colleagues; he's intelligent, thoughtful, and generally seems like a nice guy. He's also one of the most moderate Republican-appointed active judges on CA9 (probably second only to Milan Smith) and is definitely not a political hack. I did hear some rumblings toward the beginning of his tenure that his clerks were working long hours, though that may have just been settling into the job.

Anon because former CA9.

I've yet to hear a single negative word about Miller -- either as a judge or from his time as an appellate partner at Perkins Coie -- and the word from a couple of his clerks I've talked to were along the lines of "best boss I've ever had." He seems pretty respected among his colleagues on the bench, if that LA Times story last year is any indication. If I were a current law student considering clerking for a Trump-appointed judge on the Ninth, Miller or Bennett would be my top picks. Maybe Lee should be up there, but I haven't heard as much about him (though what I have heard is positive).

I'd quibble a teeny bit with above-anon's description of Miller as "votes against all conservative en banc calls but center-right on panels." My sense is that he votes against most en banc calls, not just those by conservatives. The Kipp concurrence (and its list of joinees) is worthwhile reading if considering clerking/applying. In terms of his panel decisions, I think Milan Smith is a pretty good comp (though Miller is much less culturally-conservative than Smith). Center-right outcomes in the mine-run of cases, but he'll also surprise you with a pretty liberal decision from time to time. His op in Akosung v. Barr could easily have come out of a number of very liberal Ninth Circuit chambers.

[Anonymous User]

Anyone have any info on Eric Miller?

Quoting from prior anon posts on Miller in this thread:

Anon because former CA9.

Miller is very well respected by his colleagues; he's intelligent, thoughtful, and generally seems like a nice guy. He's also one of the most moderate Republican-appointed active judges on CA9 (probably second only to Milan Smith) and is definitely not a political hack. I did hear some rumblings toward the beginning of his tenure that his clerks were working long hours, though that may have just been settling into the job.

Anon because former CA9.

I've yet to hear a single negative word about Miller -- either as a judge or from his time as an appellate partner at Perkins Coie -- and the word from a couple of his clerks I've talked to were along the lines of "best boss I've ever had." He seems pretty respected among his colleagues on the bench, if that LA Times story last year is any indication. If I were a current law student considering clerking for a Trump-appointed judge on the Ninth, Miller or Bennett would be my top picks. Maybe Lee should be up there, but I haven't heard as much about him (though what I have heard is positive).

I'd quibble a teeny bit with above-anon's description of Miller as "votes against all conservative en banc calls but center-right on panels." My sense is that he votes against most en banc calls, not just those by conservatives. The Kipp concurrence (and its list of joinees) is worthwhile reading if considering clerking/applying. In terms of his panel decisions, I think Milan Smith is a pretty good comp (though Miller is much less culturally-conservative than Smith). Center-right outcomes in the mine-run of cases, but he'll also surprise you with a pretty liberal decision from time to time. His op in Akosung v. Barr could easily have come out of a number of very liberal Ninth Circuit chambers.

Curious if you know any good examples of his cultural liberalism off the top of your head? Not doubting, I just hadn’t heard that and you seem well-informed. Concur that anyone interested should read the Kipp concurrence.

Also fwiw my school’s best-connected CA9 prof warned me off Ken Lee for political reasons with regard to one of those quoted posts, but maybe he’s also a sheep in wolf’s clothing, idk. I do feel like a right-wing extremist wouldn’t choose to work at Jenner.

[Anonymous User]

Speaking of sheep in wolves' clothing, I've talked to a number of people who know Michael Park from a variety of contexts and all described him as temperamentally fairly apolitical and less conservative than you'd expect from his Wikipedia page. The comparator someone used was Kavanaugh more than Alito, let alone Thomas. The Consovoy insiders I talked to said his practice was generally private law, not their more recent and high-profile political law work, with the notable exception of SFFA v. Harvard. He's also married to a liberal prof at Columbia Law. I wouldn't count him as a moderate, but from what I've heard and his opinions, he seems very mainstream.

[Anonymous User]

Curious if you know any good examples of his cultural liberalism off the top of your head? Not doubting, I just hadn’t heard that and you seem well-informed. Concur that anyone interested should read the Kipp concurrence.

Also fwiw my school’s best-connected CA9 prof warned me off Ken Lee for political reasons with regard to one of those quoted posts, but maybe he’s also a sheep in wolf’s clothing, idk. I do feel like a right-wing extremist wouldn’t choose to work at Jenner.

I mostly mean that Miller does not come off as very religious (if at all) compared to M. Smith, who is of course a practicing Mormon and comes from a family of prominent mostly-Republican/Mormon politicians, judges, etc. Hard to say too much more without self-outing.

FWIW, my only interactions with Judge Lee have been positive, but I'm not well-read on his opinions. I'd also want to talk to some former clerks (though there is probably only one class of those so far) before recommending that prospective applicants clerk for him.

[lavarman84]

Also fwiw my school’s best-connected CA9 prof warned me off Ken Lee for political reasons with regard to one of those quoted posts, but maybe he’s also a sheep in wolf’s clothing, idk. I do feel like a right-wing extremist wouldn’t choose to work at Jenner.

I wouldn't call Lee an ideologue (I would reserve that for only the most extreme judges), but he is definitely a conservative FedSoc type. That fairly recent Second Amendment opinion of his is a good example of that.

[Anonymous User]

I'd quibble a teeny bit with above-anon's description of Miller as "votes against all conservative en banc calls but center-right on panels." My sense is that he votes against most en banc calls, not just those by conservatives. The Kipp concurrence (and its list of joinees) is worthwhile reading if considering clerking/applying. In terms of his panel decisions, I think Milan Smith is a pretty good comp (though Miller is much less culturally-conservative than Smith). Center-right outcomes in the mine-run of cases, but he'll also surprise you with a pretty liberal decision from time to time. His op in Akosung v. Barr could easily have come out of a number of very liberal Ninth Circuit chambers.

Ex-CA9 clerk here (not for Miller). I'd also quibble with "votes against all conservative en banc calls." Miller doesn't join dissentals, but I can tell you for a fact that he sometimes votes yes on the call. The judges signing on to a dissental often do not represent all of the yes votes.

Miller strikes me as someone who is fundamentally a conservative but isn't interested in using the judiciary to advance conservatism.

[Anonymous User]

Since we're on the topic of CA9 Trump appointees, curious about Bennett? Pretty unique background among Trump COA nominees, and he was also singled out as respected by the liberal bloc alongside Miller and Bade in the LA Times hit piece. Any CA9 folks interact with him?

[Anonymous User]

Since we're on the topic of CA9 Trump appointees, curious about Bennett? Pretty unique background among Trump COA nominees, and he was also singled out as respected by the liberal bloc alongside Miller and Bade in the LA Times hit piece. Any CA9 folks interact with him?

Good judge--smart (bordering on nerdy), very well qualified, good writer. He is a mainstream FedSoc Republican judge, not as conservative as the right-most Trump appointees but not as moderate as people probably expected him to be. (If Miller is Milan Smith, Bennett might be Connie Callahan.) He hires the same FedSoc T14 types that other desirable non-feeder conservatives compete for.

[Anonymous User]

Since we're on the topic of CA9 Trump appointees, curious about Bennett? Pretty unique background among Trump COA nominees, and he was also singled out as respected by the liberal bloc alongside Miller and Bade in the LA Times hit piece. Any CA9 folks interact with him?

Good judge--smart (bordering on nerdy), very well qualified, good writer. He is a mainstream FedSoc Republican judge, not as conservative as the right-most Trump appointees but not as moderate as people probably expected him to be. (If Miller is Milan Smith, Bennett might be Connie Callahan.) He hires the same FedSoc T14 types that other desirable non-feeder conservatives compete for.

Do you know if Bennett has hired internationals?

[Anonymous User]

I don't. I believe his whole class my year was U.S. citizens, but I could be wrong. I can't see a reason why he wouldn't hire a strong international applicant, especially a conservative-leaning one. He's no doubt aware that non-citizens have only 5 CoA judges to choose from if they want to be paid (and right now only 4, RIP Judge Torreulla).

[Anonymous User]

Since we're on the topic of CA9 Trump appointees, curious about Bennett? Pretty unique background among Trump COA nominees, and he was also singled out as respected by the liberal bloc alongside Miller and Bade in the LA Times hit piece. Any CA9 folks interact with him?

Good judge--smart (bordering on nerdy), very well qualified, good writer. He is a mainstream FedSoc Republican judge, not as conservative as the right-most Trump appointees but not as moderate as people probably expected him to be. (If Miller is Milan Smith, Bennett might be Connie Callahan.) He hires the same FedSoc T14 types that other desirable non-feeder conservatives compete for.

100% agree with this except the Callahan comp, but it sounds like we probably just have a different view of Callahan -- I see her as very conservative, not quite on the level of an Ikuta or O'Scannlain, but much more active in advancing conservative judicial philosophy even compared to someone who is pretty conservative on the bench like NR Smith. As one example, her op in Lona last year is a huge outlier and moved that area of immigration law significantly to the right within CA9's jurisprudence. I don't know that I have a better comp within the Ninth Circuit for Bennett, though. He's more conservative than Bybee, but has sort of a minor Bybee streak in that he'll occasionally take a pretty liberal view in criminal cases based on his extensive experience as a prosecutor -- I don't have them at hand, but I can recall reading a couple of surprising dissents where he slams some AUSA's handling of a case or gives an unexpectedly-defendant-friendly reading of a criminal statute. Otherwise I think he has a pretty open mind on the bench and comes off as a nice guy in person with a great sense of humor.

[Anonymous User]

Since we're on the topic of CA9 Trump appointees, curious about Bennett? Pretty unique background among Trump COA nominees, and he was also singled out as respected by the liberal bloc alongside Miller and Bade in the LA Times hit piece. Any CA9 folks interact with him?

Good judge--smart (bordering on nerdy), very well qualified, good writer. He is a mainstream FedSoc Republican judge, not as conservative as the right-most Trump appointees but not as moderate as people probably expected him to be. (If Miller is Milan Smith, Bennett might be Connie Callahan.) He hires the same FedSoc T14 types that other desirable non-feeder conservatives compete for.

100% agree with this except the Callahan comp, but it sounds like we probably just have a different view of Callahan -- I see her as very conservative, not quite on the level of an Ikuta or O'Scannlain, but much more active in advancing conservative judicial philosophy even compared to someone who is pretty conservative on the bench like NR Smith. As one example, her op in Lona last year is a huge outlier and moved that area of immigration law significantly to the right within CA9's jurisprudence. I don't know that I have a better comp within the Ninth Circuit for Bennett, though. He's more conservative than Bybee, but has sort of a minor Bybee streak in that he'll occasionally take a pretty liberal view in criminal cases based on his extensive experience as a prosecutor -- I don't have them at hand, but I can recall reading a couple of surprising dissents where he slams some AUSA's handling of a case or gives an unexpectedly-defendant-friendly reading of a criminal statute. Otherwise I think he has a pretty open mind on the bench and comes off as a nice guy in person with a great sense of humor.

Bybee was actually my first comp, I just didn't want to trigger a fight over what his reputation should be! But I agree that Bennett and Bybee have been similar degrees of conservative on the court. I suspect Hunsaker will also settle around here, but that's just a projection.

[Anonymous User]

There's a new notable concurrence by Wilett on Bivens. Between this and his QI stuff he seems to be positioning himself well to the left of most Fed Soc-affiliated judges on some criminal justice issues.

https://www.ca5.uscourts.gov/opinions/p ... 17-CV0.pdf

[Wild Card]

X

[Anonymous User]

On the unusual opinion watch beat, there's a noteworthy concurrence by Readler objecting to a pretty anodyne statistic in an intro because it came from a liberal nonprofit. Seems like a pretty strong signal that he's pretty conservative. Judge Moore's footnote in response was also amusingly petty, citing uses of dubious sources by Readler in previous opinions--the Sixth isn't known for its collegiality!

https://www.opn.ca6.uscourts.gov/opinio ... 19n-06.pdf

[Anonymous User]

Is anyone familiar with the reputations of the WDWa senior judges (esp. the ones based in Seattle)? Given how many vacancies that court has I'd imagine they're all pretty busy.

[Anonymous User]

Linda Reade on ND Iowa only has one clerk nowadays, but she's absolutely despised by the bar, especially by criminal defense attorneys, and someone to avoid if at all possible. She and the heavy ND Iowa docket made it one of the most unpleasant courts in the country to litigate in for a long time (the newer judges seem much better). Check out her Robing Room page if you want details.

[nixy]

Linda Reade on ND Iowa only has one clerk nowadays, but she's absolutely despised by the bar, especially by criminal defense attorneys, and someone to avoid if at all possible. She and the heavy ND Iowa docket made it one of the most unpleasant courts in the country to litigate in for a long time (the newer judges seem much better). Check out her Robing Room page if you want details.

Does this also make her a bad boss? I'm not defending her b/c I don't know anything about her, but comments about what it's like to appear before someone don't actually say much about what it's like to clerk for them.

[Chokenhauer]

Linda Reade on ND Iowa only has one clerk nowadays, but she's absolutely despised by the bar, especially by criminal defense attorneys, and someone to avoid if at all possible. She and the heavy ND Iowa docket made it one of the most unpleasant courts in the country to litigate in for a long time (the newer judges seem much better). Check out her Robing Room page if you want details.

At first, I thought it was just bitter litigants complaining, but even former clerks seem to regard her as quite malicious. How unfortunate.

[Anonymous User]

Linda Reade on ND Iowa only has one clerk nowadays, but she's absolutely despised by the bar, especially by criminal defense attorneys, and someone to avoid if at all possible. She and the heavy ND Iowa docket made it one of the most unpleasant courts in the country to litigate in for a long time (the newer judges seem much better). Check out her Robing Room page if you want details.

I can attest to the cruelty she directs towards criminal defendants. It's really bad. Lots of criminal defendants have a hard time in the courts, but she went way beyond that. And yeah, that does make her a bad boss for clerks to the extent you care about what impact your chambers has on the people who appear before you.