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"Bipartisanship" in judicial nominations



In 2003, George W. Bush nominated a former Democratic state legislator, the well-connected Henry Floyd, to the District of South Carolina. Eight years later, President Obama proposes promoting him to the Fourth Circuit—and gets praise for making "a rare cross-party choice."

Relatedly, Adam Liptak Kevin Sack of the New York Times and Ezra Klein, in discussing the healthcare reform litigation, describes the Fourth Circuit, likely to see an appeal in the case, as "conservative." This is a vestige of long-ago days. Today's Fourth Circuit consists of eight Democratic appointees and six Republican appointees—and one of those Republican appointees, Roger Gregory, really was a bipartisan appointment of George W. Bush, who renominated a Clinton appointee in a failed attempt to prevent Democratic filibusters of his nominees. If Judge Floyd, who has the support of Republican Senator Lindsey Graham, is confirmed, Clinton and Obama-nominated judges will make up two thirds of the court.

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.