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76 Wash. & Lee L. Rev. Online 1 (2019-2020)

handle is hein.journals/waleelro76 and id is 1 raw text is: Filling the New York Federal District Court Vacancies Carl Tobias* Table of Contents I. In trodu ction .......................................................................... 1 II. Contemporary Selection Difficulties ............................... 3 A . Persistent Vacancies................................................. . 4 B. The Contemporary Dilemma..................................... 5 III. Trump Administration Judicial Selection ...................... 6 A. Nom ination Process .................................................. 6 B. Confirm ation Process............................................... 13 IV . Consequences ............................................................... . 20 V. Suggestions for the Future ........................................... 24 V I. C onclu sion ..................................................................... . 31 I. Introduction President Donald Trump contends that federal appellate court appointments constitute his foremost success. The president and the United States Senate Grand Old Party (GOP) majority have compiled records by approving forty-eight conservative, young, accomplished, overwhelmingly Caucasian, and predominantly male, appeals court jurists. However, their appointments have exacted a toll, particularly on the ninety-four district courts around * Williams Chair in Law, University of Richmond. I wish to thank Margaret Sanner for her valuable suggestions, Jane Baber, Emily Benedict and Jamie Wood for their valuable research and suggestions, the Washington and Lee Law Review Online Editors, particularly Andrew Klimek, for their valuable research, attention to detail and editing, Leslee Stone for her exceptional processing, as well as Russell Williams and the Hunton Andrews Kurth Summer Research Endowment Fund for their generous, continuing support. Remaining errors are mine alone. 1

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