<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Andre Davis Confirmed to Fourth Circuit</title>
	<atom:link href="http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/feed/" rel="self" type="application/rss+xml" />
	<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/</link>
	<description>Commentary on law, public policy, and more</description>
	<lastBuildDate>Tue, 14 Feb 2012 07:45:51 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
	<item>
		<title>By: J Richardson</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-686824</link>
		<dc:creator>J Richardson</dc:creator>
		<pubDate>Thu, 12 Nov 2009 19:35:41 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-686824</guid>
		<description>&lt;blockquote cite=&quot;comment-685749&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-685749&quot; rel=&quot;nofollow&quot;&gt;Derrick&lt;/a&gt;&lt;/strong&gt;: Don’t forget that the best part of the story was the use of the infamous “evil twin” defense.
&lt;/blockquote&gt;

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.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-685749">
<p><strong><a href="#comment-685749" rel="nofollow">Derrick</a></strong>: Don’t forget that the best part of the story was the use of the infamous “evil twin” defense.
</p></blockquote>
<p>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.</p>
<p>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.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Patrick Bateman</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-686540</link>
		<dc:creator>Patrick Bateman</dc:creator>
		<pubDate>Wed, 11 Nov 2009 22:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-686540</guid>
		<description>&lt;blockquote cite=&quot;comment-685749&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-685749&quot; rel=&quot;nofollow&quot;&gt;Derrick&lt;/a&gt;&lt;/strong&gt;: 
Don’t forget that the best part of the story was the use of the infamous “evil twin” defense.

&lt;/blockquote&gt;

&quot;Claude Allen? That&#039;s impossible. He&#039;s not dead. I just had dinner with him in London.&quot;</description>
		<content:encoded><![CDATA[<blockquote cite="comment-685749">
<p><strong><a href="#comment-685749" rel="nofollow">Derrick</a></strong>:<br />
Don’t forget that the best part of the story was the use of the infamous “evil twin” defense.</p>
</blockquote>
<p>&#8220;Claude Allen? That&#8217;s impossible. He&#8217;s not dead. I just had dinner with him in London.&#8221;</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: oren</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-686185</link>
		<dc:creator>oren</dc:creator>
		<pubDate>Wed, 11 Nov 2009 01:21:29 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-686185</guid>
		<description>JC, please do not top-post (no, I&#039;m not a blog owner, just a regular reader that hates the practice).</description>
		<content:encoded><![CDATA[<p>JC, please do not top-post (no, I&#8217;m not a blog owner, just a regular reader that hates the practice).</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: JC</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685825</link>
		<dc:creator>JC</dc:creator>
		<pubDate>Tue, 10 Nov 2009 17:05:30 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685825</guid>
		<description>Not controversial the way most people think; but as an appellate nominee (especially compared to Bush&#039;s stalled nominees), he&#039;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).  

&lt;blockquote cite=&quot;comment-685707&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-685707&quot; rel=&quot;nofollow&quot;&gt;Mark N.&lt;/a&gt;&lt;/strong&gt;: 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.
&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>Not controversial the way most people think; but as an appellate nominee (especially compared to Bush&#8217;s stalled nominees), he&#8217;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).  </p>
<blockquote cite="comment-685707">
<p><strong><a href="#comment-685707" rel="nofollow">Mark N.</a></strong>: 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.
</p></blockquote>
]]></content:encoded>
	</item>
	<item>
		<title>By: Nunzio</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685816</link>
		<dc:creator>Nunzio</dc:creator>
		<pubDate>Tue, 10 Nov 2009 16:54:07 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685816</guid>
		<description>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.&#039;s nominees?</description>
		<content:encoded><![CDATA[<p>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.</p>
<p>Has Obama re-nominated any of W.&#8217;s nominees?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: ADF Alliance Alert &#187; Andre Davis confirmed to Fourth Circuit after two Bush nominations failed</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685796</link>
		<dc:creator>ADF Alliance Alert &#187; Andre Davis confirmed to Fourth Circuit after two Bush nominations failed</dc:creator>
		<pubDate>Tue, 10 Nov 2009 16:20:17 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685796</guid>
		<description>[...] Kerr writes at Volokh Conspiracy: &#8220;Congratulations to Judge Andre Davis, who was confirmed by the United States Senate today [...]</description>
		<content:encoded><![CDATA[<p>[...] Kerr writes at Volokh Conspiracy: &#8220;Congratulations to Judge Andre Davis, who was confirmed by the United States Senate today [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: DIff</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685774</link>
		<dc:creator>DIff</dc:creator>
		<pubDate>Tue, 10 Nov 2009 15:33:14 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685774</guid>
		<description>Allen&#039;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.</description>
		<content:encoded><![CDATA[<p>Allen&#8217;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.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bama 1L</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685770</link>
		<dc:creator>Bama 1L</dc:creator>
		<pubDate>Tue, 10 Nov 2009 15:17:44 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685770</guid>
		<description>&lt;blockquote cite=&quot;comment-685721&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-685721&quot; rel=&quot;nofollow&quot;&gt;OSU3L&lt;/a&gt;&lt;/strong&gt;: Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.
&lt;/blockquote&gt;

His ill treatment by the Senate drove him to crime.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-685721">
<p><strong><a href="#comment-685721" rel="nofollow">OSU3L</a></strong>: Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.
</p></blockquote>
<p>His ill treatment by the Senate drove him to crime.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: ruuffles</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685767</link>
		<dc:creator>ruuffles</dc:creator>
		<pubDate>Tue, 10 Nov 2009 15:15:09 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685767</guid>
		<description>&lt;blockquote&gt;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.&lt;/blockquote&gt;
Most notably demonstrated by Bush refusing to nominate a candidate endorsed by both John Warner (R-VA) and Jim Webb (D-VA). 
&lt;blockquote&gt;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.&lt;/blockquote&gt;
You can read more about Getchell at his wiki.</description>
		<content:encoded><![CDATA[<blockquote><p>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.</p></blockquote>
<p>Most notably demonstrated by Bush refusing to nominate a candidate endorsed by both John Warner (R-VA) and Jim Webb (D-VA). </p>
<blockquote><p>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.</p></blockquote>
<p>You can read more about Getchell at his wiki.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Derrick</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685749</link>
		<dc:creator>Derrick</dc:creator>
		<pubDate>Tue, 10 Nov 2009 14:36:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685749</guid>
		<description>&lt;blockquote&gt;Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.&lt;/blockquote&gt;

Don&#039;t forget that the best part of the story was the use of the infamous &quot;evil twin&quot; defense.</description>
		<content:encoded><![CDATA[<blockquote><p>Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.</p></blockquote>
<p>Don&#8217;t forget that the best part of the story was the use of the infamous &#8220;evil twin&#8221; defense.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Matt</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685738</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Tue, 10 Nov 2009 13:53:32 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685738</guid>
		<description>Ah- thanks OSU3L- I recall that now (a scam with fake returns, I think.)</description>
		<content:encoded><![CDATA[<p>Ah- thanks OSU3L- I recall that now (a scam with fake returns, I think.)</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: OSU3L</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685721</link>
		<dc:creator>OSU3L</dc:creator>
		<pubDate>Tue, 10 Nov 2009 13:08:57 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685721</guid>
		<description>Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.</description>
		<content:encoded><![CDATA[<p>Claude Allen plead guilty to theft (shoplifting) while serving in the Bush Administration.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Matt</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685717</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Tue, 10 Nov 2009 12:31:24 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685717</guid>
		<description>&lt;em&gt;Bush nominated Claude Allen for the seat and then Rod Rosenstein, but neither were confirmed (the former fortunately so, the latter unfortunately so)&lt;/em&gt;

Why fortunately for Allen and unfortunately for Rosenstein?  I know nothing about either one so the distinction seems odd to me.</description>
		<content:encoded><![CDATA[<p><em>Bush nominated Claude Allen for the seat and then Rod Rosenstein, but neither were confirmed (the former fortunately so, the latter unfortunately so)</em></p>
<p>Why fortunately for Allen and unfortunately for Rosenstein?  I know nothing about either one so the distinction seems odd to me.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mark N.</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685707</link>
		<dc:creator>Mark N.</dc:creator>
		<pubDate>Tue, 10 Nov 2009 09:54:36 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685707</guid>
		<description>Was there anything controversial about him, beyond situational issues (being an Obama nominee, the lingering controversy over Bush&#039;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.</description>
		<content:encoded><![CDATA[<p>Was there anything controversial about him, beyond situational issues (being an Obama nominee, the lingering controversy over Bush&#8217;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.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: pireader</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685685</link>
		<dc:creator>pireader</dc:creator>
		<pubDate>Tue, 10 Nov 2009 07:55:22 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685685</guid>
		<description>Constantin --

Here&#039;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&#039;s base want something they don&#039;t. Maybe they think it&#039;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.</description>
		<content:encoded><![CDATA[<p>Constantin &#8211;</p>
<p>Here&#8217;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&#8217;s base want something they don&#8217;t. Maybe they think it&#8217;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. </p>
<p>All part of the show for the rubes outside the Beltway.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Constantin</title>
		<link>http://volokh.com/2009/11/10/andre-davis-confirmed-to-fourth-circuit/comment-page-1/#comment-685666</link>
		<dc:creator>Constantin</dc:creator>
		<pubDate>Tue, 10 Nov 2009 07:21:19 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21373#comment-685666</guid>
		<description>How can one blame a party for blatant obstructionism when it works so well?  The other guys are suckers for letting it happen.</description>
		<content:encoded><![CDATA[<p>How can one blame a party for blatant obstructionism when it works so well?  The other guys are suckers for letting it happen.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

