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Commentary, Considering Lesbian, Gay, Transgender, And Bisexual Nominees For The Federal Courts, Carl W. Tobias
Commentary, Considering Lesbian, Gay, Transgender, And Bisexual Nominees For The Federal Courts, Carl W. Tobias
Law Faculty Publications
Professor Tobias details the ultimately unsuccessful nomination of Edward DuMont to the United States Court of Appeals for the Federal Circuit in 2010-11 to illustrate the obstacles encountered by LGBT individuals in the federal judicial selection process.
Justifying Diversity In The Federal Judiciary, Carl W. Tobias
Justifying Diversity In The Federal Judiciary, Carl W. Tobias
Law Faculty Publications
This Essay thus scrutinizes Obama’s judicial selection effort, which confirms many ideas that Scherer espouses while showing how political deficiencies in the modern selection process erode diversity and legitimacy, and perhaps Scherer’s provocative solution. This response ultimately discusses some promising measures beyond Scherer’s recommendation that could enhance diversity and legitimacy in light of the threat that politicization poses