Biden Judicial Nominees Predictions Forum

[Anonymous User]

Two official noms today—Nathan plus Andre Mathis to CA6 (to what I assume has to be a Memphis seat). Pooler to Nathan will be a significant step up in quality tbh.

Unrelatedly, am I counting right that Biden has only nominated three white men of 60+ nominees (Stark, Heytens, Nachmanoff)? That’ll die down when they start needing GOP blue slips, but I feel like it’s gonna be a bit weird to have one admin nominate almost exclusively white men and then the next nominate almost none

[Anonymous User]

Two official noms today—Nathan plus Andre Mathis to CA6 (to what I assume has to be a Memphis seat). Pooler to Nathan will be a significant step up in quality tbh.

Unrelatedly, am I counting right that Biden has only nominated three white men of 60+ nominees (Stark, Heytens, Nachmanoff)? That’ll die down when they start needing GOP blue slips, but I feel like it’s gonna be a bit weird to have one admin nominate almost exclusively white men and then the next nominate almost none

Stark is just over 50, Heytens is just under 50. And I, for one, am down for having a more diverse and representative judiciary.

[Reese1]

Two official noms today—Nathan plus Andre Mathis to CA6 (to what I assume has to be a Memphis seat). Pooler to Nathan will be a significant step up in quality tbh.

Unrelatedly, am I counting right that Biden has only nominated three white men of 60+ nominees (Stark, Heytens, Nachmanoff)? That’ll die down when they start needing GOP blue slips, but I feel like it’s gonna be a bit weird to have one admin nominate almost exclusively white men and then the next nominate almost none

Stark is just over 50, Heytens is just under 50. And I, for one, am down for having a more diverse and representative judiciary.

I don't think he meant their age. I think he was referencing that Biden has appointed over 60 judges.

[Anonymous User]

Two official noms today—Nathan plus Andre Mathis to CA6 (to what I assume has to be a Memphis seat). Pooler to Nathan will be a significant step up in quality tbh.

Unrelatedly, am I counting right that Biden has only nominated three white men of 60+ nominees (Stark, Heytens, Nachmanoff)? That’ll die down when they start needing GOP blue slips, but I feel like it’s gonna be a bit weird to have one admin nominate almost exclusively white men and then the next nominate almost none

Stark is just over 50, Heytens is just under 50. And I, for one, am down for having a more diverse and representative judiciary.

I don't think he meant their age. I think he was referencing that Biden has appointed over 60 judges.

Quoted OP: That… makes more sense. My bad!

[Anonymous User]

Two official noms today—Nathan plus Andre Mathis to CA6 (to what I assume has to be a Memphis seat). Pooler to Nathan will be a significant step up in quality tbh.

Unrelatedly, am I counting right that Biden has only nominated three white men of 60+ nominees (Stark, Heytens, Nachmanoff)? That’ll die down when they start needing GOP blue slips, but I feel like it’s gonna be a bit weird to have one admin nominate almost exclusively white men and then the next nominate almost none

Stark is just over 50, Heytens is just under 50. And I, for one, am down for having a more diverse and representative judiciary.

I don't think he meant their age. I think he was referencing that Biden has appointed over 60 judges.

Quoted OP: That… makes more sense. My bad!

[Anonymous User]

Andre Mathis is 40 years old, graduated law school in 2007! Not out of line with some Trump nominees but still kind of remarkable to see COA judges being nominated so young and relatively inexperienced to jobs they could realistically hold for 40+ years.

[Anonymous User]

Andre Mathis is 40 years old, graduated law school in 2007! Not out of line with some Trump nominees but still kind of remarkable to see COA judges being nominated so young and relatively inexperienced to jobs they could realistically hold for 40+ years.

I don't mind seeing CoA judges being appointed that young. The job is super academic, so I can see why experience matters less. However, district court judges are a different story.

[Anonymous User]

Wild stuff from David Lat:

Judge Robert King made waves this week after rescinding his decision to take senior status, which would have given President Joe Biden another seat to fill on the Fourth Circuit. The 81-year-old jurist has served on the court since his appointment in 1998 by President Bill Clinton.

What happened? Professor John Collins, an expert on President Biden’s approach to judicial nominations, suggested to Nate Raymond of Reuters that Judge King’s decision might have had something to do with an issue regarding his replacement. I have reason to believe this is correct; sources tell me that Judge King was less than thrilled with the White House’s pick for his seat.

For quite some time, the frontrunner appeared to be the well-credentialed and well-connected Carte Goodwin, a partner at Frost Brown Todd, where he serves as vice chair of the appellate practice and leads the firm’s office in Charleston, West Virginia’s capital. A graduate of Emory Law (Order of the Coif), Goodwin previously served as general counsel to then-Governor Joe Manchin (D-W. Va.), who appointed Goodwin to fill the vacancy in the U.S. Senate caused by the passing of Robert C. Byrd. The Goodwins are something of a legal and political dynasty in West Virginia: Carte’s uncle is Judge Joseph Goodwin (S.D. W. Va.); Judge Goodwin’s son (and Carte’s cousin), Booth Goodwin, served as U.S. Attorney from 2010 until 2015; and Booth’s wife, Amy Shuler Goodwin, is the current mayor of Charleston.

Oh, and Carte Goodwin also served as a federal law clerk. To none other than… Judge Robert King.

But being a white male Biglaw partner from a dynastic family is not the preferred profile of a judicial nominee in the Biden Administration. The White House instead went with J. Jeaneen Legato, a personal-injury lawyer in Charleston with close ties to West Virginia’s powerful senior senator, Joe Manchin.

Legato’s selection didn’t sit well with Judge King. He’s not a Manchin fan, and he didn’t love his former clerk being passed over for—and “his” seat being filled by—a nominee he sees as, well, less than distinguished. So he “took back” his going senior.

https://davidlat.substack.com/p/judicia ... ource=copy

[Anonymous User]

Definitely not short-sighted. I'm sure he'll love his seat getting reassigned to northern Virginia and being filled by Judge Kushner.

[Anonymous User]

To be fair to King it's kinda wild that Biden would consider appointing a random personal injury lawyer to a federal COA, no matter how much Manchin loves them. Is there nobody good in the WV FPD office or something even if they don't like the biglaw guy?

[Anonymous User]

To be fair to King it's kinda wild that Biden would consider appointing a random personal injury lawyer to a federal COA, no matter how much Manchin loves them. Is there nobody good in the WV FPD office or something even if they don't like the biglaw guy?

It's weird because Carte Goodwin is basically royalty in WV and very respected - he got the gig to be Senator from Manchin, which makes me wonder why Manchin would be that opposed to him.

[lavarman84]

To be fair to King it's kinda wild that Biden would consider appointing a random personal injury lawyer to a federal COA, no matter how much Manchin loves them. Is there nobody good in the WV FPD office or something even if they don't like the biglaw guy?

It's weird because Carte Goodwin is basically royalty in WV and very respected - he got the gig to be Senator from Manchin, which makes me wonder why Manchin would be that opposed to him.

Manchin wasn't opposed to him. The Biden admin didn't want to nominate him.

[Anonymous User]

To be fair to King it's kinda wild that Biden would consider appointing a random personal injury lawyer to a federal COA, no matter how much Manchin loves them. Is there nobody good in the WV FPD office or something even if they don't like the biglaw guy?

It's weird because Carte Goodwin is basically royalty in WV and very respected - he got the gig to be Senator from Manchin, which makes me wonder why Manchin would be that opposed to him.

Manchin wasn't opposed to him. The Biden admin didn't want to nominate him.

If King Joe wanted Goodwin, he could easily get Goodwin the nomination.

[lavarman84]

To be fair to King it's kinda wild that Biden would consider appointing a random personal injury lawyer to a federal COA, no matter how much Manchin loves them. Is there nobody good in the WV FPD office or something even if they don't like the biglaw guy?

It's weird because Carte Goodwin is basically royalty in WV and very respected - he got the gig to be Senator from Manchin, which makes me wonder why Manchin would be that opposed to him.

Manchin wasn't opposed to him. The Biden admin didn't want to nominate him.

If King Joe wanted Goodwin, he could easily get Goodwin the nomination.

That assumes that Manchin wasn't ambivalent about it. He might have been happy with either one. Frankly, Biden should just cut a deal with King and give him Goodwin.

[Quichelorraine]

Gotta say, I do not like the idea of judges withdrawing their intention to go on senior status because a specific person isn't nominated to replace them. You occupy a seat, but it isn't yours, and you shouldn't have veto power over exactly who holds it next.

(Yes, yes, I know they can, but it rubs me the wrong way.)

[Reese1]

Gotta say, I do not like the idea of judges withdrawing their intention to go on senior status because a specific person isn't nominated to replace them. You occupy a seat, but it isn't yours, and you shouldn't have veto power over exactly who holds it next.

(Yes, yes, I know they can, but it rubs me the wrong way.)

Total agreement. I really hope this doesn't become a thing. The last thing the judiciary needs is judges selecting their replacements.

[The Lsat Airbender]

Gotta say, I do not like the idea of judges withdrawing their intention to go on senior status because a specific person isn't nominated to replace them. You occupy a seat, but it isn't yours, and you shouldn't have veto power over exactly who holds it next.

(Yes, yes, I know they can, but it rubs me the wrong way.)

Yet another reason for some kind of term limit (25 years, say, or forced retirement at 75).

[Anonymous User]

With the Dems extremely likely to lose the Senate in 2022, we're about halfway though the first Biden admin's period for nominating seriously liberal judges. Entirely possible the filibuster and/or blue slip rule ends up enforced with a GOP Senate--we'll be in uncharted waters. And norms around district court noms seem to have broken down as well, just a couple of years ago a nominee like Nachmanoff would have been confirmed 100-0 or with nominal opposition.

[Reese1]

Gotta say, I do not like the idea of judges withdrawing their intention to go on senior status because a specific person isn't nominated to replace them. You occupy a seat, but it isn't yours, and you shouldn't have veto power over exactly who holds it next.

(Yes, yes, I know they can, but it rubs me the wrong way.)

Yet another reason for some kind of term limit (25 years, say, or forced retirement at 75).

I'd say term limits are better than a mandatory retirement age. If we force them to retire at 75, we will start to see 3Ls appointed to the bench.

[SamuelDanforth]

It will be interesting to see who they nominate for the N.D. Cal judgeships. I haven't seen any names floated.

[Anonymous User]

Clyburn got Childs a DC Circuit spot, wow. Wouldn't be surprised to see her get Breyer's seat now.

[Anonymous User]

And Leslie Abrams Gardner didn’t get the CA11 seat. Both super surprising I think, especially as there’s a CA4 SC seat open as well for Childs.

[lavarman84]

And Leslie Abrams Gardner didn’t get the CA11 seat. Both super surprising I think, especially as there’s a CA4 SC seat open as well for Childs.

That's very interesting that Nancy Abudu got it. I'm not complaining, though. Love the civil rights background.

[Anonymous User]

Any thoughts on who he may nominate for the Carney 2d cir seat? Seems to me that should be in the works soon…

[Anonymous User]

Any thoughts on who he may nominate for the Carney 2d cir seat? Seems to me that should be in the works soon…

I know as little as you do, but I would guess Raheem Mullins on SCOCT. He's young (43) and diverse, and Carney's seat (unlike Cabranes's) is definitely a CT seat. I'd personally prefer they pick someone with a more progressive background since Mullins was a prosecutor before becoming a judge (especially Omar Williams on D. Conn.), but I'd be surprised if they elevated any of the recent district court appointees so soon.