Bench Memos

Fourth to Be One-Third Empty

Judge William Wilkins of the U.S. Court of Appeals for the Fourth Circuit will take senior status on July 1.  One of his colleagues, Judge Emory Widener, is ready to go senior as well.  This means there are openings for five of the Fourth Circuit’s fifteen slots.  As University of Richmond law professor Carl Tobias notes, this is too many for the court to function well.  This highlights the need for the Bush Administration to make more judicial nominees, and soon. (LvHB )

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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