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11/22/2016

John McGinnis on Trump's Judges
Michael Ramsey

At Liberty Law Blog: John McGinnis: President-Elect Trump’s Opportunity to Create a Lawful Judiciary.  A key point:

Even as there has never been a greater opportunity to reshape the judiciary, it has never been more imperative. The mainstream legal culture runs ever more swiftly left. As a result, that current is likely to sweep along judges who are not anchored on the right. Justices David Souter and Harry Blackmun are famous examples, but many lower court Republican judges have drifted as well.

Thus, if the Trump administration is to remake the judiciary it must choose candidates from the conservative legal counterculture rather than rely on successful lawyers of Republican leanings who happen to know a Senator. Legal academics are often the best bet. Their academic paper trail can no longer trigger a Democratic filibuster but their past commitments provide the best guarantee of future fidelity.  And there is no doubt that academics appointed to the circuit courts have been the most influential judges. For instance, Judge Frank Easterbrook of the Seventh Circuit has been cited a standard deviation more than almost any other judge on the federal appeals court. ...

So a good candidate would be a mid-career legal academic with a prominent history of defending originalism ...  I agree, of course.