“Interesting” is your only comment on this? Do you have a view on whether it’s appropriate for a Judge to attempt to control who is nominated as his replacement in this way?
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It probably wouldn't happen in an ideal world, but that's not the world in which we live. A
#SCOTUS justice timing her retirement based on presidential administration reflects the same principle (on a more general level). -
Explicit negotiations that condition retirement on the identity of one's replacement seems to me to go to a whole different level, though. Nothing in the code of judicial ethics applicable to this?
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Timing one's retirement is not picking one's successor.
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I agree it’s troubling - I’m not aware of any applicable canon, but I’m not an ethicist. Posner would hate it; he talks about this kind of thing in Reflections on Judging.
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Find anything on point?
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Not really. I'll post the ones that come closest imo.
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Do judges really get this attached to their clerks? I figured that they get a handful of clerks a year and many judges serve for many many years so I’m surprised that it’s such a huge consideration?
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This is certainly on the high side, but yes, judges do develop great affection and respect for certain clerks of theirs (and vice versa). And they will sometimes advocate behind the scenes for their clerks as potential judicial nominees.
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Kanne only has one former clerk who clerked for SCOTUS. Obviously, a SCOTUS clerkship is not a requirement for a COA spot, but it probably increases the likelihood that it's him--https://www.loeb.com/attorney-andrewdevooght …
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WH loves
#SCOTUS clerks - but there is the issue of state (Indiana vs. Illinois). -
Hmm, good point.
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David, we need you to do some digging and report on that clerk’s name. Fascinating stuff. I wonder if the WH didn’t like the individual or there was an objection from one of Indiana’s Senators.
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I think it’s more on the lines of the WH/Pence promising the seat to someone else, but Kanne said no.
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His prerogative I guess.
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But yeah, that’s incredibly interesting. Has this ever happened before?
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