Under the Constitution, two branches of government are formally involved in the selection of federal judges. The President makes the nomination and Senators provide their advice and consent. Yet, the third branch of government often plays a role in that process: federal judges can influence the selection of other judges. This influence can manifest itself in several ways. First, judges can reach understandings with the executive branch to take senior status if the President nominates a specific person to fill the vacancy. Second, rather than taking senior status at a date certain, judges can condition their status change upon the appointment of their successor. Third, judges who reach such an understanding, and who are not satisfied with the President’s ultimate nomination, can rescind their decision to take senior status. Fourth, in the District of Columbia, one federal judge actually chairs the committee that can nominate judges for the District’s regional courts over the President’s authority. This panel will explore the ethical issues of federal judges choosing other judges.
Featuring:

Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston
Mr. David Lat, Founder, Original Jurisdiction; Founder, Above the Law
Mr. Rob Luther III, Of Counsel, Jones Day, Former Associate Counsel to the President
Mr. Michael Fragoso, Republican Leader for Nominations, U.S. Senate Committee on the Judiciary
Moderator: Hon. Stephen Alexander Vaden, U.S. Court International Trade