After recently reading noweasel's diary, I discovered that there are a lot of lawyers and aspiring lawyers on Daily Kos. I'm going to start a series of periodic diaries that focus on issues of the law or the judiciary from the perspective of a lawyer. I encourage all Kossacks, but especially attorneys and law students, to opine on the subject of the diaries.
Obama Could Dramatically Alter 4th Circuit
The 4th Circuit Court of Appeals currently has four vacancies for Obama to fill.
Although the nomination of U.S. Supreme Court Justices carry more controversy than the more anonymous appellate and district court nominations, the public is more likely to litigate issues in these courts as well as in the federal district courts. So the ranks of the federal district courts and the appellate courts are pools from which Obama could nominate a new Supreme Court justice. President Obama could dramatically weaken the already diminishing grip conservatives have on the 4th Circuit.
To turn the 4th Circuit from conservative to liberal, which is quite possible to do through the existing vacancies and vacancies over time, would be a symbolic victory for an Obama presidency and for the liberal interest groups that want changes in the judiciary, in a way that turning the [liberal] 9th Circuit to a conservative circuit ... would be a victory for a conservative president," Fergenson said. "It would provide a narrative for what Obama can do to the judiciary that would be very appealing for his close and passionate followers.
The nomination of lower-court federal judges is a stealth issue that is now being ignored because of the current economic crisis. Traditionally, U.S. Senators from the states within a particular federal circuit give the president suggestions on whom to nominate from their respecitve state. The entire 4th Circuit has 10 senators and the GOP only controls 3 seats and those are South Carolina's DeMint and Graham and North Carolina's Burr. As we all know North Carolina and Virginia just added 1 Democratic senator each.
With Democrats slowly increasing their numbers in the Senate, will it be easy for Obama to install progressive jurists? Can the GOP obstruct their confirmation? Can Obama get confirmation of his judges before the 2010 mid-term elections? A lot can happen in politics in 2 years. Will the GOP get their act together enough to gain some Senate seats? Is there anyone who practices or lives in the 4th Circuit know of any good candidates for the federal judiciary?
Discuss.