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DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@DavidLat

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David LatVerified account

@DavidLat

Lawyer turned writer, editor, and speaker. Founder, Above The Law (@ATLblog) and Underneath Their Robes. Author, Supreme Ambitions: A Novel (@SCOTUSambitions).

New York, NY
bit.ly/DavidLat
Joined April 2008

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    1. David Lat‏Verified account @DavidLat Jul 3

      David Lat Retweeted Zoe Tillman

      VERY interesting! Who might the clerk be? Also, it's reminiscent of the Justice Kennedy situation with Gorsuch & now possibly Kavanaugh/Kethledge - encourage a judge to retire by nominating a former clerk of his. #SCOTUS #appellatetwitterhttps://twitter.com/ZoeTillman/status/1014159482178473984 …

      David Lat added,

      Zoe TillmanVerified account @ZoeTillman
      Kanne said his decision to take senior status was contingent on a former clerk being nominated to replace him. He declined to name the clerk. He then learned that person was not going to be nominated (he said he didn't know why), and so he told the White House he was staying put
      Show this thread
      5 replies 6 retweets 27 likes
    2. Gogi‏ @darealgogi Jul 3
      Replying to @DavidLat

      “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?

      1 reply 0 retweets 0 likes
    3. David Lat‏Verified account @DavidLat Jul 3
      Replying to @darealgogi

      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).

      1 reply 0 retweets 1 like
    4. Gogi‏ @darealgogi Jul 3
      Replying to @DavidLat

      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?

      1 reply 0 retweets 3 likes
    5. Vault Law‏ @VaultLaw Jul 3
      Replying to @darealgogi @DavidLat

      Timing one's retirement is not picking one's successor.

      2 replies 0 retweets 1 like
    6. David Lat‏Verified account @DavidLat Jul 3
      Replying to @VaultLaw @darealgogi

      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.

      1 reply 0 retweets 2 likes
      David Lat‏Verified account @DavidLat Jul 3
      Replying to @darealgogi @VaultLaw

      Find anything on point?

      11:02 AM - 3 Jul 2018
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Gogi‏ @darealgogi Jul 3
          Replying to @DavidLat

          Not really. I'll post the ones that come closest imo.

          1 reply 0 retweets 0 likes
        3. Gogi‏ @darealgogi Jul 3
          Replying to @darealgogi @DavidLat

          "3(B)(3) A judge should exercise the power of appointment fairly and only on the basis of merit, avoiding unnecessary appointments, nepotism, and favoritism." The judge doesn't hold the appt power here, but he's arguably influencing that "power based on favoritism"

          1 reply 0 retweets 0 likes
        4. Gogi‏ @darealgogi Jul 3
          Replying to @darealgogi @DavidLat

          2(B): "A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment." He's arguably allowing his personal relationship with the former clerk influence the timing of his retirement

          1 reply 0 retweets 1 like
        5. David Lat‏Verified account @DavidLat Jul 3
          Replying to @darealgogi

          I think this could be applicable; we’d have to analyze what constitutes “judicial conduct” - case-focused, or also things like retirement.

          1 reply 0 retweets 1 like
        6. Gogi‏ @darealgogi Jul 3
          Replying to @DavidLat

          I like it! The rest of that paragraph makes clear that it applies to things other than the judge's own case work, by proscribing using the prestige of the office to help friends in other proceedings, or voluntarily serving as a character witness

          1 reply 0 retweets 1 like
        7. Gogi‏ @darealgogi Jul 3
          Replying to @darealgogi @DavidLat

          Here's the full textpic.twitter.com/3ksEvD7RjN

          1 reply 0 retweets 0 likes
        8. Gogi‏ @darealgogi Jul 3
          Replying to @darealgogi @DavidLat

          The comment on that section includes an explicit reference to involvement in judicial selection, although presumably they didn't mean for one's own replacement. And his communications may not have fit within that safe harbor, if he did more than "respond to official inquiries"pic.twitter.com/o8XGZ4V3AZ

          0 replies 0 retweets 0 likes
        9. End of conversation

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