I think we should just be candid about Todd Butler's nomination to the Fifth Circuit.
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we → think → Circuit
He has done nothing to prove his conservatism, despite what his conservative friends have said.
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friends → do → what
I just did a quick scan through the Capital Area Bar Association from Jackson and found numerous DEI programs--yes, even in Mississippi.
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I → do → Mississippi
Butler had nearly two decades to perform pro bono work for a conservative public interest firm, but he didn't.
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he → have → firm
He could have served in government, but he didn't.
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he → serve → government
He was selected because the White House accepted some sort of political deal involving Judge Southwick and Senator Wicker.
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House → select → Southwick
How does Todd Butler's record compare with that of the other members of the Fifth Circuit?
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record → compare → Circuit
I'll put the bottom line up front: over the past three decades, every nominee to the Fifth Circuit had either government service or extensive experience doing public interest litigation.
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nominee → put → litigation
Lawyers in private practice often inquire about federal judicial appointments, and they are frequently told to get some government experience first.
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they → inquire → experience
This is something people understand, but the rule does seem to have an exception when the price is right.
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price → understand → exception
Both of the Biden nominees, Judges Douglas and Carrillo Ramirez, previously served as federal magistrate judges.
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Both → serve → judges
The Trump appointees had a wide range of government service.
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appointees → have → service
Judge Willett served on the Texas Supreme Court, in the Texas Attorney General's Office, and in the Bush Administration.
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Willett → serve → Administration
Judge Ho served as Texas Solicitor General and served as counsel to Senator Cornyn.
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Ho → serve → Cornyn
Judge Duncan worked in the Louisiana Attorney General's Office, the Texas Solicitor General's Office and was a litigator at the Becket Fund.
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Duncan → work → Fund
Judge Engelhardt served on the federal district court.
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Engelhardt → serve → court
Judge Oldham worked in the Texas Attorney General's Office and was counselor to the Governor.
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Oldham → work → Governor
Judge Corey Wilson served in the Mississippi Court of Appeals and in the Mississippi House of Representatives.
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Wilson → serve → Representatives
The newest nominee, Judge St. John had a (brief) stint on the federal district court, but spent nearly a decade working for the Hamilton-Lincoln Law Institute and before that the Center for Class Action Fairness at the Competitive Enterprise Institute.
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nominee → have → Institute
Judge Graves served on the Mississippi Supreme Court and Judge Higginson was an Assistant United States Attorney and later served as chief of appeals in EDLA.
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Higginson → serve → EDLA
The George W. Bush nominees had extensive public service.
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nominees → have → service
Chief Judge Elrod served as a trial court judge in Houston.
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Elrod → serve → Houston
Judge Southwick was a district court judge, before that served on the Mississippi Court of Appeals, and was a JAG.
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Southwick → serve → Appeals
Judge Richman (formerly Owen) served on the Texas Supreme Court.
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Richman → serve → Court
Judge Dennis served on the Louisiana Court of Appeals and later the Louisiana Supreme Court.
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Dennis → serve → Appeals
Judge Stewart also served on the Louisiana Court of Appeals.
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Stewart → serve → Appeals
By any objective measure, Butler does not fit the mold of the prior Trump appointees in term of judicial philosophy.
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Butler → fit → philosophy
He certainly does not fit the mold of three decades of Fifth Circuit nominees across five presidencies.
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He → fit → presidencies
They all had prior government service or public interest experience.
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They → have → service
(And no, clerking does not count.)
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clerking → count → ?
Let's just be candid about what we have here: a sordid Senate deal to convey a hereditary sinecure.
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we → let → sinecure
I understand Butler's confirmation hearing is scheduled for after the midterms, assuming the nomination is not withdrawn beforehand.
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nomination → understand → midterms
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