Law Clerk Addict

Two days ago we reported that President Barack Obama's decision to delegate the selection of a nominee to replace disgraced former judge Samuel Kent (S.D. Tex.) to Congressional Democrats rather than Texas's two Republican home-state Senators set the stage for a potential conflict between President Obama and Senators Kay Bailey Hutchinson and John Cornyn that, if taken to its natural conclusion, could significantly delay confirmation of nominees to these Texas seats.

Now, it appears that delay will be inevitable, with Texas Senate Republicans and Texas Congressional Democrats conducting parallel nominee screening processes to determine a potential replacement for Chief Judge Hayden Head (S.D. Tex.), who intends to assume senior status in November. Although it is true that Republicans are a minority in the Senate, there are many instances in which home-state minority senators have been able to successfully obstruct district judge nominees that lack their approval. See, e.g., Carl Levin's (D-MI) obstruction of President George W. Bush's nominees to the Western District of Michigan for more than six years until Bush agreed to nominate some Democrats to the seats.

On a related note, those interested in biographical information about potential nominees to replace Chief Judge Head may find this article useful.