Law Students

The Edley Over-Under

In light of the inspirational and historic milestone of Obama's election, it's time for Democrats all over the country to ask: "What's in it for me?" Or perhaps more charitably: "How can I get involved?"

Which brings us to DE, who's been rushing to start construction before election day. DE is close to Obama and a member of the transition team. DE has assured faculty that he has no "Potomac Fever," and I almost believe him. But my guess is that he'd prefer a role with a little more authority and stability than he has here as Dean. Yes, I'm talking about Article III.

The next President will nominate many federal judges. I would guess that progressive appellate judges have been delaying retirement for a Democratic president. As a result, Obama will appoint several appellate court justices in 2009. Following recent precedent (i.e., Roberts and Alito), if a Supreme Court position opens up in 2010 onwards, it will probably be filled by one of those early nominees.

In other words: if Edley is a potential Supreme Court nominee, then he is likely to be nominated as an appellate judge soon. And a position on the 9th Circuit wouldn't require him to move to Washington or leave the Boalt community--his two justifications for NOT joining the Obama Administration.

So here it is: the Official Edley Over-Under. I predict that Edley will be appointed to the 9th Circuit (based in San Francisco) by mid-2010. What do you think?

Full post as published by Nuts & Boalts on November 05, 2008 (boomark / email).