Charles Evans Hughes

Judicial appointment process tainted, but not by Trump

Judicial appointment process tainted, but not by Trump

There are 144 open judge seats on federal benches. And though there is reason for grave concern about judicial selection in filling them, this concern owes nothing to the election of Donald Trump.

A pattern has developed. The road to appointment begins with support of a well known "conservative" or "liberal" law professor; proceeds to the chambers of a federal appellate "feeder" judge and thence to a Supreme Court clerkship with a like-minded justice. Thereafter the indoctrinated person may bide his time in the White House counsel's office, the office of the solicitor general or the office of Legal Counsel, if his party is in power. If it's not, he...

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