Bench Memos

Re: Judge Floyd

An attorney in South Carolina e-mails about the nomination of Judge Floyd to the Fourth Circuit:

While the Padilla decision is certainly regrettable to me as a conservative, Judge Floyd is really not that bad. He is actually more conservative than you think. He was a conservative Democrat when he was in the state house, but that was before the Republican takeover. He would probably be a RINO if he was still in politics today. Oddly enough, it has always been rumored that Senator Lindsay Graham was pushing hard for Bush to nominate Floyd to the 4th Circuit, but the Padilla issue was understandably a problem for the White House. Lindsay Graham is probably a good comparison for trying to get a read on Floyds’ politics. Hardly perfect, but certainly not a disaster. It seems to me that this is about the best we can ever expect from President Obama.

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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