Legal News

Should Obama Appoint a District-Court Judge?

By Ashby Jones

President Obama should appoint a woman to fill David Souter’s seat. He should appoint an academic. An Hispanic. A gay man or lesbian woman. A politician in the vein of Earl Warren.

Seems there’s no shortage of opinion on the category from which Obama should draw when making his selection. Today, in a NYT opinion piece, we’re introduced to yet another take: Obama should go with a federal district court judge.

Writes Ann Aldrich (pictured), a federal judge in Cleveland (her law clerks also get bylines — Go law clerks, go law clerks, it’s your birthday . . . ):

Most Supreme Court cases are initiated in district courts, and many end up back there when they are remanded for proceedings that are consistent with the high court's ruling.

While the court's opinions affect the day-to-day operations and decisions of the district courts, many of the justices lack the practical experience that is necessary for providing district courts with clear and workable directives.

As an example, Aldrich mentions the 2005, Booker decision, in which the high court ruled that the mandatory federal sentencing guidelines followed by district judges in criminal cases were no longer mandatory, but advisory. She writes:

Since Booker, therefore, district court judges have struggled to impose sentences consistent with that vague decision and the piecemeal clarifications that followed from the courts of appeals and the Supreme Court.

It is hard to imagine that this lack of clarity would have occurred had there been a former federal district court judge on the bench - someone who had practical experience with handing down a sentence in federal court.

For other fresh takes on Obama’s weighty decision, check out:

and

Yet another piece on Second Circuit judge Sonia Sotomayor, this one from the WaPo: “Sotomayor presents a contradiction, say those who know her. Her detractors have said she can be short-tempered, tough on the bench and at odds with the amicability that President Obama has often sought in his appointments. . . . But her supporters — former Yale classmates, law firm colleagues and former clerks — say she meets the definition of what Obama has said he is looking for: a qualified nominee with legal and real world experience, as well as an appreciation for the impact of court decisions on everyday life.” Other tidbits: Sotomayor is a Yankee fan and she’s not rich.

Full post as published by Law Blog - WSJ.com on May 07, 2009 (boomark / email).