Kudos to Professor Justin Crowe ’03 for organizing a great campus event tomorrow that ANY aspiring law student should definitely attend, featuring two federal judges from opposite ends of the political spectrum, Stephen Reinhardt and Jeffrey Sutton ’83.  I think the most illuminating campus events tend to involve bringing together people with different perspectives, and it’s especially nice that two of the three people involved in this event are Ephs.

Reinhardt and Sutton don’t agree on much, but I predict they will reach consensus on one item, at least: the politicization of the judicial confirmation process is out of control, especially now that Senators are indefinitely holding up (in unprecedented fashion) the appointment of basically innocuous, highly-confirmable District Court nominees, often as leverage for totally unrelated agendas.  The problem with playing these types of games (in addition to what is fast becoming a serious shortage of judges in certain parts of the country) is that, once one party embraces a new obstruction technique, they can’t credibly complain when they are the party in power and the other party adopts exactly the same approach to blocking their nominees.  So unless something changes, we are headed towards a rapidly escalating downwards spiral in which a functioning judiciary is held hostage to the whims of anonymous members of the legislative branch.

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