The accretion of numeric detail is nice, but it’s the last couple of paragraphs in his article that are liable to spark arguments, assuming any Media Villagers read that far. Jeffrey Toobin, in the New Yorker:
… When President Obama took office, the full D.C. Circuit had six judges appointed by Republican Presidents, three named by Democrats, and two vacancies. By the time of the Halbig decision, Obama had placed four judges on the D.C. court, which shifted its composition to seven Democratic appointees and four Republicans. In light of this realignment, the Obama Administration asked the full D.C. Circuit to vacate the panel’s decision and rehear the Halbig case en banc—that is, with all the court’s active judges participating. The full court promptly agreed with the request, and the decision that would have crippled Obamacare is no longer on the books. Oral argument before the full court is now set for December.
The transformation of the D.C. Circuit has been replicated in federal courts around the country. Obama has had two hundred and eighty judges confirmed, which represents about a third of the federal judiciary. Two of his choices, Sonia Sotomayor and Elena Kagan, were nominated to the Supreme Court; fifty-three were named to the circuit courts of appeals, two hundred and twenty-three to the district courts, and two to the Court of International Trade. When Obama took office, Republican appointees controlled ten of the thirteen circuit courts of appeals; Democratic appointees now constitute a majority in nine circuits. Because federal judges have life tenure, nearly all of Obama’s judges will continue serving well after he leaves office.
Obama’s judicial nominees look different from their predecessors. In an interview in the Oval Office, the President told me, “I think there are some particular groups that historically have been underrepresented—like Latinos and Asian-Americans—that represent a larger and larger portion of the population. And so for them to be able to see folks in robes that look like them is going to be important. When I came into office, I think there was one openly gay judge who had been appointed. We’ve appointed ten.”
The statistics affirm Obama’s boast. Sheldon Goldman, a professor at the University of Massachusetts at Amherst and a scholar of judicial appointments, said, “The majority of Obama’s appointments are women and nonwhite males.” Forty-two per cent of his judgeships have gone to women. Twenty-two per cent of George W. Bush’s judges and twenty-nine per cent of Bill Clinton’s were women. Thirty-six per cent of President Obama’s judges have been minorities, compared with eighteen per cent for Bush and twenty-four per cent for Clinton. Obama said that the new makeup of the federal bench “speaks to the larger shifts in our society, where what’s always been this great American strength—this stew that we are—is part and parcel of every institution, both in the public sector as well as in the private sector.”…
Obama has stopped pretending that he has much respect for Congress. He had minimal tolerance for legislative horse-trading even when he was a legislator. Now, after six years of implacable Republican opposition to everything he has proposed, he sounds fed up.
“Because Congress is not working the way it’s supposed to, there’s both pressure on administrative agencies and pressure on the courts to sort through, interpret, and validate or not validate decisions that in a better-functioning democracy would be clearer and less ambiguous,” Obama said…
As Marine One thundered overhead, about to land on the White House lawn and take Obama to a series of political fund-raisers, I asked him if, like William Howard Taft, he entertained thoughts of serving as a judge later in his career. “When I got out of law school, I chose not to clerk,” he said. “Partly because I was an older student, but partly because I don’t think I have the temperament to sit in a chamber and write opinions.” But he sounded tempted by the idea.
“I love the law, intellectually,” Obama went on. “I love nutting out these problems, wrestling with these arguments. I love teaching. I miss the classroom and engaging with students. But I think being a Justice is a little bit too monastic for me. Particularly after having spent six years and what will be eight years in this bubble, I think I need to get outside a little bit more.”
Yeah, he didn’t say NO…
MattR
For John: 30 minutes of previously unreleased recordings made while Little Feat was rehearsing their first album.
kindness
Wanna see Fox heads explode? Headline –
‘President Hillary Clinton Names Barack Obama to the Supreme Court’
Would be so worth the clean up messes.
Brian R.
But why hasn’t Obama done mooooooooore?
I’m going to sit out the midterms, let the Republicans get stronger in Congress, and then I’ll surely achieve my goal of a thoroughly progressive unicorn.
catclub
If he goes back to teaching at law school, and starts a Law School boom, Campos at LGM will have kittens.
Maybe he and Michelle will start grifting charter schools. ;)
catclub
@kindness: Or Michelle, she was his superior at law firm, right?
Belafon
@catclub: Could a president become a teacher? What kind of school would be set up to deal with a security detail for a faculty member?
dp
Meh, he’s too old and conservative. ;-)
KG
@Belafon: in theory, sure. assuming law schools, an Ivy or the U of Chicago, Stanford, maybe USC, Cal, or UCLA would be most logical. there would probably have to be some down time between leaving office and the first lecture, if only because the longer they’re out of office the less likely a threat against them would materialize. Plenty of judges teach at law schools, I think even some of the Supremes do (or have recently), so have legislators, ambassadors, and cabinet secretaries.
As to Obama’s last quote about loving the law intellectually, that’s entirely how I feel about it. The actual practice of law and litigation in particular is among the worst jobs in the world. The law itself is incredibly interesting, but litigating makes me want to drown kittens and punch babies.
catclub
@kindness:
Careful on the cleanup – prion brain wasting bits.
Omnes Omnibus
@KG:
It is surprising (well, maybe not) the number of people who feel that way. My favorite thing about being a lawyer is/was law school.
Omnes Omnibus
@catclub: Michelle’s career pattern doesn’t fit the pattern of a future Supreme Court Justice.
Schlemazel
@Brian R.:
Your missing a little straw around the collar on that one, please try again.
KG
@Omnes Omnibus: i mostly blame insurance companies, because when i’ve got to work in pure business litigation cases, where everyone was footing their own bill, things seemed to work much more like they were “supposed to”.
catclub
Speaking of long(ish) reads:
http://www.washingtonmonthly.com/ten-miles-square/2014/10/obama_and_the_kurds_a_frigid_m052604.php
Possible progress. Flexibility.
PurpleGirl
I like that he used the analog to a “stew” for describing the American mixture. We really aren’t a melting pot, the different elements blend in different ways and stew is a better word.
Anoniminous
I can think of nothing more boring. But I love what I do and know most people think it is boring. To each his or her own field of intellectual endeavor.
Schlemazel
@Omnes Omnibus:
I always regret not having gone to law school. My favorite classes were both taught by lawyers & they ran them in a manner I assume was not uncommon for legal education. “This is the choice, which way do you say is correct & defend your choice.” No matter which side you picked they would take the other & force you to really THINK about why you said that & defend it. Once they had that line of thought about played out they would change some tiny bit of the information and you would have to now choose again. It was fabulous training for thinking and for presenting ad hoc. It made me much better at my career.
But probably legal work is nothing like that so maybe its just as well.
Omnes Omnibus
@KG: That’s a good start. Lack of a decent legal aid programs is another huge problem. Being able to help middle and working class people with their legal problems and being able to keep a roof over one’s head shouldn’t be mutually exclusive propositions.
@Schlemazel:
The Socratic method.
Baud
@Omnes Omnibus:
I’m the opposite. I like education enough, but I prefer getting my hands dirty.
Schlemazel
@Omnes Omnibus:
Gawd help me I loved those classes.
Any of you guys care to offer an opinion on the Ed Graf case in Texas? Other than it is probably a great idea to never go anywhere near the place so you can’t possibly ever have to be judged by 12 morons who send a note to the judge asking how many out of 12 are need for the verdict to be unanimous?
I think he was royally screwed but got a good result depending on his parole hearing. Can a lawyer say “my client is not guilty but will plead that way simply because it will be a better result than honesty”?
The Moar You Know
If he spent the rest of his life sitting on the beach in Hawaii staring at the surf and sunsets, well, he’s earned that right and then some.
eemom
@KG:
God knows I am no defender of the profession, but that is a ridiculously overbroad statement.
Just for example, I assume you don’t mean appellate litigation, since you profess to find law interesting.
srv
@kindness: I prefer: President Warren names Hillary Clinton to Supreme Court.
Baud
@The Moar You Know:
Hell, I’ve earned that.
Omnes Omnibus
@Schlemazel: I haven’t really followed the case. It is, however, possible to plead guilty in some circumstances without admitting guilt. It is called an Alford plea.
@Baud: Even in litigating, I prefer appellate work.
Patrick
@srv:
Due to her age, I rather have someone 10-15 years younger than Clinton.
Trollhattan
@Omnes Omnibus:
What, no office screenings of “Long Dong Silver?”
Trollhattan
@Schlemazel:
Wait, what?!?
Lee
I come here for the comedy :)
Schlemazel
@Trollhattan:
Seriously – 12 good men and true sent a note to the judge saying they were deadlocked & wanting to know exactly how many votes they needed in order to reach a unanimous verdict. I weep for humanity in general & Mr. Graf, even if he really is guilty. If I were his attorney I would have asked for a mistrial, surly the constitution didn’t mean morons when they said “peers”
Tissue Thin Pseudonym (JMN)
I may have a job. It would involve doing scut work on an unclaimed property audit but that would at least be within my field. And they said it involves Microsoft Excel, which I’m very good at. So I’m excited. It’s a temp position but it’s one that has more relevancy to my search for a permanent job than teaching in China did so it will be nice to have on my resume.
The downside is that it’s in LaCrosse, WI, which is about a 2 1/2 hour drive from Minneapolis. I wouldn’t really want to do that commute every day so if it comes through I may get a cheap apartment down there while it lasts.
And, since the whole thing opened up talking with a Gopher Women’s Hockey connection down in Madison last weekend, it makes me even happier that I follow this team so obsessively.
Liberty60
This is why a lot of political progress- or regression- happens outside the viewport of ordinary political watchers like me.
We get focused on the big home run swings like ACA or whatnot, and miss the accretion of small steps; or get focused on the national issues, and miss the states where the real action is.
Another reason why the RWNJs with their high turnouts in small elections can rule far beyond their numbers.
kindness
@srv: Can’t Warren be both President and Supreme Court Justice?
the Conster
@Tissue Thin Pseudonym (JMN):
Congratulations! Really, this is great news. I know how hard it’s been for you, and every job presents an opportunity and is a step forward.
Wallis Lane
@kindness: I want to be king and pope !!
https://www.youtube.com/watch?v=L2xWQr4VaUA
dance around in your bones
@Tissue Thin Pseudonym (JMN):
Do it!! You never know what it might lead to. Jeebus fucking christ, if I could get a job with zero credentials – I think you can, too ( with WAY more credentials than I have/had!!)
I know you have had a rough time of it these last couple of years, but – seize every opportunity that comes your way.
Ok, I am off to cook a sweet potato and a steak for my employer, and a bunch of stir fry veggies because it’s GOOD for her!!!! I had to google how to cook a sweet potato because I don’t like them. But – make your employer happy! That’s my motto lately :)
burnspbesq
@KG:
Which explains why I don’t do it.
grandpa john
@srv:
burnspbesq
I can see Obama going back to U of C, and then going on the Seventh Circuit when the next vacancy arises. Hopefully it will be Easterbrook leaving rather than Posner.
Malia will graduate from Sidwell in 2016, so there’s no disruption to her education. Sasha can do her last two years at the Lab School or (if the Secret Service gets its way and the Obamas move into a defensible house in the burbs) at New Trier or Loyola Academy.
chopper
@PurpleGirl:
and just like a stew, if you don’t stir it up every so often scum rises to the top and the stuff at the bottom gets burned.
Omnes Omnibus
@burnspbesq: I wouldn’t wish New Trier on my worst enemy’s children.
Mnemosyne
@burnspbesq:
My brother went to Loyola. That’s one of the ways you know that Rick Santorum is not exactly an intellectual giant — his parents sent him to Carmel instead of Loyola.
Cervantes
@KG:
Pro se, then?
Cervantes
@catclub:
That would be pretty close to hilarious.
@catclub:
She was for a bit, but it’s immaterial. There are lots of good things she can do, possibly even in the law, but serving on the Supreme Court is unlikely to be one of them.