University of Richmond law professor Carl Tobias thinks that President Obama should consider appointing legal academics to the federal courts of appeals.
President Obama has vowed both to practice bipartisanship and to appoint excellent judges. One fertile source of nominees who possess the requisite expertise and temperament to be outstanding appellate jurists is the faculties of the 200 American law schools. Because legal scholars’ work closely resembles that of circuit judges, choosing academics will allow President Obama to select candidates who are essentially known quantities, and to be confident that they possess the skills necessary to be distinguished federal appeals judges.