Bench Memos

Law & the Courts

Greg Katsas a Superb Choice for D.C. Circuit

I want to add a personal comment regarding Greg Katsas, today’s nominee to replace Judge Janice Rogers Brown on the D.C. Circuit. It couldn’t have happened to a nicer guy, or one more well-suited for that high post.

I have known Greg for several years, having met him while I was clerking when Justice Thomas swore him in as Assistant Attorney General under President Bush. I recall thinking then what a quiet, unassuming person he was to have reached such a high post. Little did I know what a brilliant advocate and fierce defender of constitutional principles lay beneath his humble exterior. He has argued before every court in the country, including the Supreme Court where, among other cases, he ably argued one portion of the first major Obamacare challenge.

I expect he will enjoy broad bipartisan support from the many fellow lawyers who not only respect his high-powered legal chops but like him personally. Not that that will stop every single Democratic senator from voting against him (which at this point I view as the starting position for every Trump nominee, perhaps even more so for the most highly-qualified who the Left finds more threatening).

And his position in the current White House Counsel’s office only further guarantees that Democrats will play politics with this nomination. They will relish trying to tar him with every criticism they have of the president and then some. They will feign ignorance of attorney-client privilege when he is unable to go into details about his administration experience. But at the end of the day, his personal poise, brilliance, and unwavering commitment to the Constitution will serve him well. I am grateful he is willing to brave that gauntlet and look forward to seeing him sworn in once more.

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