On NRO’s home page today is my essay, “Not Credible ‘Whatsoever’: The ABA sinks deeper”. An excerpt:
As I have previously documented, bias, a glaring conflict of interest, incompetence (see here and here), a stacked committee, violation of its own procedures, and cheap gamesmanship marked the ABA’s evaluation of [former Fifth Circuit nominee Michael] Wallace. Those internal defects were compounded at Wallace’s September 2006 hearing by the incredible testimony given under oath — flat-out perjury, in my judgment — by the new chair of the ABA committee, Philadelphia lawyer Roberta Liebenberg. Liebenberg’s testimony merits careful scrutiny as an illustration of the depths to which the ABA will descend to defend its internal failings.
Wallace has now withdrawn his nomination, but the ABA’s thoroughly scandalous treatment of him highlights one of the many challenges facing incoming White House counsel Fred Fielding on judicial nominations.