In December 2017, I wrote in National Review that Republican-appointed judges should consider taking senior status so President Trump could fill those seats.
uncertain
Trump → write → seats
That essay struck a nerve with a lot of judges.
asserted
essay → strike → judges
Some of them talked to me privately.
asserted
Some → talk → me
Judge Leslie Southwick of the Fifth Circuit chose to address it directly in a Notre Dame Law Review article.
asserted
Southwick → choose → article
The administration itself has apparently encouraged some judges to take senior status.
asserted
administration → encourage → status
Evidence of that came a few months after Don McGahn resigned as White House Counsel in October 2018;525 when he told the Houston chapter of the Federalist Society that circuit judges should retire in order to create more vacancies.526
asserted
judges → come → Society
Further, a South Texas College of Law professor, Josh Blackman, who is a widely followed commentator, has recommended retirements.527
asserted
who → follow → retirements.527
Professor Blackman wrote in advance of the possible loss of a Republican Senate majority in the 2018 midterms, which did not happen; at least partially because of the risks presented by the 2020 elections, Majority Leader McConnell has personally contacted eligible judges "to sound them out on their plans and assure them that they would have worthy successors."528
asserted
they → write → successors
A similar report by columnist Fred Barnes in March 2020 was that Senators McConnell, Grassley, and Graham together decided to urge retirements and had themselves talked to many of the eligible judges.529
As to my personal knowledge, I will borrow from the worn-out joke about whether someone believed in infant baptism: "Believe in it?
asserted
someone → decide → it
I've seen it."
asserted
I → see → it
My answer to whether I believe senior-eligible judges are in fact being urged to do the right thing and make room for the kind of exceptional judges being selected now is: Believe in it?
asserted
judges → believe → it
I've seen it . . . or, at least, heard it.
asserted
I → see → it
I just did not find it a sufficiently encouraging idea in my case.
asserted
it → find → case
It was my impression that the person urging me and the individual who talked to another colleague were prompted from Washington.
asserted
who → urge → Washington
I did not ask, though.
asserted
I → ask → ?
I've kept that article in mind for the past nine years as Judge Southwick continue to serve in active status.
asserted
Southwick → keep → status
Judge Southwick wrote an entire book about his struggle to get appointed to the Fifth Circuit.
asserted
Southwick → write → Circuit
He gave a talk at the Houston FedSoc some years ago, and I was struck by someone who was so focused on securing a lifetime sinecure that it seemed to define him.
asserted
it → give → him
I saw Judge Southwick as a man of principle who would hold his job till he could hold it no longer, and would not step down for alternative considerations.
uncertain
he → see → considerations
While I usually disagree with Southwick's rulings, I at least gave him credit for sticking to his convictions.
asserted
I → disagree → convictions
No doubt the White House tried again to nudge Southwick to take senior status.
asserted
House → try → status
In 2017, he did not find that entreaty "sufficiently encouraging."
asserted
entreaty → find → 2017
It seems times have changed.
asserted
times → seem → ?
On Tuesday, September 28, Judge Southwick wrote to President Trump that he plans to take senior status upon the confirmation of his successor.
asserted
he → write → successor
Barely two days later, President Trump announced a nominee to fill the seat.
asserted
Trump → announce → seat
I am pleased to announce the nomination of Todd Butler to the United States Court of Appeals for the Fifth Circuit!
asserted
I → announce → Circuit
A proud graduate of Mississippi State University and Mississippi College of Law (Graduating summa cum laude from both!), Todd is currently a Partner at Phelps Dunbar in Jackson, Mississippi.
asserted
Todd → graduate → Jackson
He has argued numerous times before the Fifth Circuit, previously clerked for highly respected Judge, Leslie Southwick, and has been a strong defender of Law Enforcement throughout his career.
asserted
He → argue → career
Todd has the unwavering support of Senators Roger Wicker and Cindy Hyde-Smith.
asserted
Todd → have → Wicker
The wonderful people of the Great State of Mississippi (one of my favorites!), and the rest of the Fifth Circuit, can count on Todd to protect the Constitution and the Rule of Law.
asserted
people → count → Law
As far as Trump tweets go, this one is exceptionally lukewarm.
asserted
one → go → ?
Trump can't even point to a single case that Buttler handled.
asserted
Buttler → point → that
Nothing about him being tough on crime or fighting for the Second Amendment or religious liberty.
asserted
him → fight → Amendment
By the way, Trump calls Judge Southwick "highly respected."
asserted
Trump → call → Southwick
Did anyone show Trump Southwick's opinion in the Alien Enemies Act case?
asserted
anyone → show → case
I have never heard of Todd Buttler.
asserted
I → hear → Buttler
I spoke at the Jackson FedSoc chapter, and as best as I can recall, he did not attend.
asserted
he → speak → chapter
Buttler's only claim to fame, which Trump does not mention, was representing the government in Olivier v. City of Brandon.
uncertain
Trump → mention → Brandon
There, his client arrested a street preacher for talking to people about the gospel.
asserted
client → arrest → gospel
Butler argued opposite Allyson Ho.
asserted
Butler → argue → Ho
…and 30 more, not listed.
The Aporia
