Bench Memos

Law & the Courts

‘How Betty Fletcher Won by a Day and Lost for Nineteen Years’

That’s the title of my new Confirmation Tales post. Here’s a passage from my opening:

Some months ago, I invited readers to pass along their own confirmation tales. Chip Cowell, a retired attorney from Houston who clerked for Judge Betty Binns Fletcher early in her tenure on the Ninth Circuit, passed along one story that highlighted special efforts to ensure that Judge Fletcher had seniority over a colleague, Jerome Farris, whose nomination was confirmed by the Senate on the same day as hers.

Ironically, in exploring this matter, I discovered that Fletcher may have been inattentive to her seniority relative to a colleague, Mary Schroeder, who received her judicial commission the same day Fletcher did. Under the law, Fletcher should have been senior to Schroeder. But the Ninth Circuit instead accorded Schroeder seniority over Fletcher. And I seem to be the first person to have noticed the decades-long error.

If you have a tale of your own to pass along, please let me know. And please sign up for Confirmation Tales.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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