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Andre Davis Confirmed to Fourth Circuit

Orin Kerr • November 10, 2009 2:06 am

Congratulations to Judge Andre Davis, who was confirmed by the United States Senate today for a seat on the U.S. Court of Appeals for the Fourth Circuit. As the NYT Caucus blog points out, Judge Davis is filling a seat vacated by the judge for whom he clerked, Judge Francis Murnaghan Jr., who died in 2000. Davis was first nominated for the seat in 2000 at the tail end of the Clinton years, but he was not confirmed. The seat remained open for both terms of George W. Bush: Bush nominated Claude Allen for the seat and then Rod Rosenstein, but neither were confirmed (the former fortunately so, the latter unfortunately so). President Obama nominated Davis for the seat back in April.

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    16 Comments

    1. Constantin says:

      How can one blame a party for blatant obstructionism when it works so well? The other guys are suckers for letting it happen.

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      November 10, 2009, 2:21 am

    2. pireader says:

      Constantin –

      Here’s an alternative explanation. The centrist portion of the majority party [the left-most Republicans or the right-most Democrats] often find that their party’s base want something they don’t. Maybe they think it’s bad policy, or it offends an important supporter, or it would be embarrassing at the next election or whatever. Anyway, the centrists often find it convenient to blame minority obstructionism when the measure languishes. 

      All part of the show for the rubes outside the Beltway.

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      November 10, 2009, 2:55 am

    3. Mark N. says:

      Was there anything controversial about him, beyond situational issues (being an Obama nominee, the lingering controversy over Bush’s appointees not being confirmed, etc.)? I see the vote was 72–16, which is fairly high opposition for a nominee not (as far as I know) seen as particularly ideological.

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      November 10, 2009, 4:54 am

    4. Matt says:

      Bush nominated Claude Allen for the seat and then Rod Rosenstein, but neither were confirmed (the former fortunately so, the latter unfortunately so)

      Why fortunately for Allen and unfortunately for Rosenstein? I know nothing about either one so the distinction seems odd to me.

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      November 10, 2009, 7:31 am

    5. OSU3L says:

      Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.

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      November 10, 2009, 8:08 am

    6. Matt says:

      Ah– thanks OSU3L– I recall that now (a scam with fake returns, I think.)

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      November 10, 2009, 8:53 am

    7. Derrick says:

      Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.

      Don’t forget that the best part of the story was the use of the infamous “evil twin” defense.

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      November 10, 2009, 9:36 am

    8. ruuffles says:

      The centrist portion of the majority party [the left-most Republicans or the right-most Democrats] often find that their party’s base want something they don’t.

      Most notably demonstrated by Bush refusing to nominate a candidate endorsed by both John Warner (R-VA) and Jim Webb (D-VA). 

      In 2006, Virginia’s two U.S. senators at the time – John Warner and George Allen, both Republicans – had recommended three candidates from Virginia for two open seats on the 4th Circuit Court of Appeals. Getchell was on that list. But before the president acted, Allen was defeated for re-election by Democrat Jim Webb. In July, Warner and Webb submitted a new list of five recommended names for the court, and Getchell’s was not on it. Nevertheless, Bush nominated Getchell, noting that he was rated “highly qualified” by the Virginia State Bar. Warner and Webb did not support him, so his nomination never received a hearing.

      You can read more about Getchell at his wiki.

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      November 10, 2009, 10:15 am

    9. Bama 1L says:

      OSU3L: Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration. 

      His ill treatment by the Senate drove him to crime.

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      November 10, 2009, 10:17 am

    10. DIff says:

      Allen’s resume, even before the crime, was also grievously lacking. He had very little legal experience, and had mostly served in political positions since law school (I believe he had a total of 5 years post-clerkship legal experience). The difference between him and Rosenstein, a US Attorney, was massive.

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      November 10, 2009, 10:33 am

    11. ADF Alliance Alert » Andre Davis confirmed to Fourth Circuit after two Bush nominations failed says:

      [...] Kerr writes at Volokh Conspiracy: “Congratulations to Judge Andre Davis, who was confirmed by the United States Senate today [...]

      November 10, 2009, 11:20 am

    12. Nunzio says:

      I thought it was a nice touch of bi-partisanship of W. to re-nominate Judge Gregory (the Clinton nominee). I think he did the same for Judge Parker on the 2d Circuit.

      Has Obama re-nominated any of W.‘s nominees?

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      November 10, 2009, 11:54 am

    13. JC says:

      Not controversial the way most people think; but as an appellate nominee (especially compared to Bush’s stalled nominees), he’s barely mediocre in terms of C.V., writing ability, and reversals/remands (i.e., he once told a defendant that (yikes!) he should plead guilty). 

      Mark N.: Was there anything controversial about him, beyond situational issues (being an Obama nominee, the lingering controversy over Bush’s appointees not being confirmed, etc.)? I see the vote was 72–16, which is fairly high opposition for a nominee not (as far as I know) seen as particularly ideological. 

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      November 10, 2009, 12:05 pm

    14. oren says:

      JC, please do not top-post (no, I’m not a blog owner, just a regular reader that hates the practice).

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      November 10, 2009, 8:21 pm

    15. Patrick Bateman says:

      Derrick:
      Don’t forget that the best part of the story was the use of the infamous “evil twin” defense.

      “Claude Allen? That’s impossible. He’s not dead. I just had dinner with him in London.”

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      November 11, 2009, 5:19 pm

    16. J Richardson says:

      Derrick: Don’t forget that the best part of the story was the use of the infamous “evil twin” defense. 

      I knew Claude when he was an undergrad in Chapel Hill in the early 80s. I had lost track of him until he ended up in the Bush White House. I am still at a loss to understand how he could have been so stupid to get arrested for theft from Target stores.

      BTW he really did have an identical twin brother named Floyd. At the time I knew Claude, Floyd was attending VMI and playing football for them.

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      November 12, 2009, 2:35 pm

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