Law Commons^™

Judicial Selection At The Clinton Administration's End, Carl W. Tobias

Law Faculty Publications

During his presidency, Bill Clinton appointed almost half of the presently sitting federal appellate and district court judges. He, therefore, can justifiably claim that he has left a lasting imprint on the federal judiciary. During his 1992 presidential campaign, Clinton promised to choose intelligent, diligent, and independent judges who would increase balance, vigorously enforce fundamental constitutional rights, and possess measured judicial temperament. The initial achievement of the Clinton Administration in selecting members of the federal bench, who make it more diverse and who are exceptionally qualified, demonstrates that the President fulfilled these campaign pledges. President Clinton named unprecedented numbers and …

Leaving A Legacy On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 campaign for the presidency, then Governor Bill Clinton promised to appoint judges who would increase balance on the federal courts, would be intelligent, would possess appropriate judicial temperament, and would be committed to enforcing fundamental constitutional rights. The record compiled during the first Clinton Administration demonstrates that the Chief Executive fulfilled his campaign pledges by choosing judges who more closely reflected American society and who were well qualified. President Clinton named an unprecedented number and percentage of highly competent women and minorities to the federal courts; however, in the second two years of his first term in …

Modern Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

Review of Sheldon Goldman, Picking Federal Judges: Lower Court Selection From Roosevelt Through Reagan (1997).

Federal Judicial Selection In A Time Of Divided Government,, Carl W. Tobias

Law Faculty Publications

Congress has authorized 179 active judges for the United States Courts of Appeals and 649 active judges for the United States District Courts. Eighty-two judgeships are now vacant, although the size and complexity of federal caseloads continue to increase. More than thirty openings are considered "judicial emergencies" because they have remained unfilled for eighteen months. The Ninth Circuit, which must resolve the largest docket of the twelve regional appellate courts, currently has nine vacancies on a circuit with twenty eight active judges and for which the Judicial Conference has recommended the creation of nine additional judgeships. The Speedy Trial Act's …

Fostering Balance On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 presidential election campaign, Governor William Jefferson Clinton pledged to increase the numbers and percentages of women and minorities on the federal bench while appointing judges who are highly intelligent, demonstrate balanced judicial temperament, and exhibit a commitment to enforcing constitutional rights. The record of judicial selection that President Clinton compiled in his first term as Chief Executive shows that he honored these campaign commitments. President Clinton chose federal judges who make the judiciary's composition more closely resemble the American populace and who possess excellent qualifications.

The Clinton Administration named unprecedented numbers and percentages of very capable female …

Choosing Federal Judges In The Second Clinton Administration, Carl W. Tobias

Law Faculty Publications

One of the critical responsibilities that the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy lifetime tenure and must resolve disputes implicating the basic freedoms of America's citizens. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office. When then-Governor Clinton campaigned for the presidency in 1992, he promised to name intelligent judges who possess balanced judicial temperament and evince a commitment to protecting …

Dear President Clinton, Carl W. Tobias

Law Faculty Publications

Professor Tobias offers advice on judicial selection philosophy for the newly reelected President Bill Clinton.

Dear Judge Mikva, Carl W. Tobias

Law Faculty Publications

I am writing to urge that you apply in the executive branch the considerable expertise which you attained and honed over a lifetime of service in the legislative and judicial branches of our tripartite system of government, to the critical task of federal judicial selection that uniquely partakes of those coordinate branches.

Rethinking Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

The inauguration of President Bill Clinton, who will appoint more than three hundred new federal judges, affords an auspicious occasion for rethinking the process of federal judicial selection. The current federal bench, two-thirds of whose members were appointed by Presidents Ronald Reagan and George Bush, reflects increased conservatism and is quite homogeneous in terms of race, gender, and political perspectives. For instance, President Reagan appointed a dramatically smaller, and President Bush named a substantially lower, percentage of African-Americans than did President Jimmy Carter. The Republican chief executives made these appointments although they had much larger, more experienced, pools of female …

The D.C. Circuit As A National Court, Carl W. Tobias

Law Faculty Publications

Every President since Franklin Delano Roosevelt has appointed lawyers from across the country to the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") and has been accused of ignoring the members of the D.C. Bar. The tradition of nationwide recruitment for appointment to the D.C. Circuit has served the District and the nation well, yielding some of the court's and America's finest judges.

The practice of seeking nominees nationally to fill vacancies on the D.C. Circuit recently faced a serious challenge. Many members of the D.C. Bar, who have long opposed this practice, developed a …

Keeping The Covenant On The Federal Courts, Carl W. Tobias

Law Faculty Publications

When Governor Clinton was campaigning for the presidency, he contended that the federal court appointments of President Ronald Reagan and President George Bush significantly reduced the diversity that President Jimmy Carter had strongly promoted. Candidate Clinton pledged, if elected President, to rectify that situation. Since the election, Bill Clinton has fulfilled his promise by naming to the judiciary outstanding attorneys who reflect the diverse composition of American society. Now that President Clinton has completed his initial year of service, it is important to analyze the Clinton Administration's record of choosing judges to ascertain precisely how the President has kept his …

President Clinton's Covenant And The Federal Courts, Carl W. Tobias

Law Faculty Publications

President Bill Clinton has eloquently invoked the concept of a new covenant with the American people. Claiming that the populace elected him with a mandate for change, the President has appointed individuals to high-level positions, particularly in the Cabinet, who have made the new government look like America. In no branch of the federal government are these ideas more apposite than the Third Branch.

The Gender Gap On The Montana State Bench, Carl W. Tobias

Law Faculty Publications

Governor Racicot should expeditiously and forcefully act to remedy the gender gap on the state courts for many reasons. First, there is a significant, highly qualified, pool of female attorneys in Montana who could render excellent judicial service. Numerous women have participated in the types of rigorous legal practices which would prepare them well for the bench. These female lawyers are intelligent, industrious, and independent, while they have exhibited the kind of impeccable integrity and appropriately measured judicial temperament to be fine judges. Some of the attorneys have engaged in challenging public law practices, others have been involved in rigorous …

Closing The Gender Gap On The Federal Courts, Carl W. Tobias

Law Faculty Publications

When the Bush Administration placed comparatively few women on the bench during its initial half-term, I criticized President Bush's mediocre record. I was pleasantly surprised to learn that the Bush Administration ultimately appointed an unprecedented percentage of women to the federal courts; 36 of the 192 judges President Bush appointed were women (18.7%).

Notwithstanding the Bush Administration's efforts, the percentage of female judges remains significantly lower than the representation of women in the legal profession. Moreover, President Bush left 100 open judgeships. These vacancies mean that President Bill Clinton can greatly increase the numbers and percentages of female judges and …

More Women Named Federal Judges, Carl W. Tobias

Law Faculty Publications

The essay initially assesses information pertinent to President Bush's record of appointments to the federal bench during his first three years in office. The prospects for future appointment of women are explored next. Finding these prospects inconclusive, this essay suggests that President Bush continue employing the constructive measures initiated during his administration's third year to name additional women while seriously considering the possibility of instituting even more vigorous efforts to appoint women in the future. Finally, the essay examines why greater numbers of women should be placed on the federal courts and how that goal can be attained.

The Gender Gap On The Federal Bench, Carl W. Tobias

Law Faculty Publications

This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …