Bench Memos

Miguel Estrada Back in the Mix?!?

Erick at RedState suggests the possibility here. I hope it is true. It is a disgrace that Estrada was not confirmed to the D.C. Circuit during the president’s first term–and everyone knows why it happened: Senate Democrats were terrified a Judge Estrada would be the first Hispanic nominated to the Supreme Court. After years in limbo, it is completely understandable why he withdrew in 2004 and why, after the death of his wife, he rejected subsequent nomination overtures. But if he is willing to be considered again, as Erick’s post suggests, the president should put him on the short list. If not for the Supreme Court (yet), then at least for the D.C. Circuit. After all, with confirmation of John Roberts, there will be an opening on that court as well.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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