TOM DASCHLE last week turned up the heat on judicial confirmations.
In response, Prof. Bainbridge is renewing his earlier offer to serve as a recess appointment. I very much agree with this statement:
In the unlikely event somebody ever offered me a regular judgeship, I’d say no – I wouldn’t expose myself to jerks like Leahy and Schumer in a confirmation fight – but it would be fun to spend a year or two sabbatical on the 9th Circuit. Especially if doing so flipped Daschle, Schumer, and Leahy the bird.
It’s not even the confirmation fight — I think that being a law professor is a better job than being a judge, and don’t understand why some law professors campaign so hard for judgeships. But a short stint on the bench would be fun. I suspect, however, that my chances of any sort of judicial appointment, from any adminstration, are poor.
UPDATE: More here.