President Must Be “Pragmatic” to Fill Vacanices

There are 17 vacancies on federal appellate courts, for which the President has only made five nominations. On two courts — the Fourth and Third — the number of vacancies actually threatens the ability to function efficiently As Howard Bashman notes in this column , the window for getting more Bush appellate nominees on the federal bench is rapidly closing. Bashman recommends the White House become more “pragmatic,” and should think about nominating less controversial nominees, even if it means passing over the very best candidates, as this would be better than not getting nominees through at all. Whether or not Bashman is correct on this point, he is certainly right that “the clock is ticking, and the White House should do what is necessary to nominate acceptable candidates soon, so that open federal appellate judgeships will not be left to the next president to address.”

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

Most Popular


The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More
Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More
PC Culture

Kill Chic

We live in a society in which gratuitous violence is the trademark of video games, movies, and popular music. Kill this, shoot that in repugnant detail becomes a race to the visual and spoken bottom. We have gone from Sam Peckinpah’s realistic portrayal of violent death to a gory ritual of metal ripping ... Read More