When judges preside over law school moot court arguments, like the one at Columbia Law School last week, they often dish out this compliment to the student advocates: "You're better than most of the practicing lawyers who appear before us."

And maybe they're not just being nice. If we had gotten to this item a bit earlier -- it's from last week -- Roger Phipps would have been a Lawyer of the Day. We're happy to declare him our Lawyer of Last Week.

Over at the Legal Profession Blog, Professor Alan Childress draws attention to this per curiam opinion (PDF) by the Fifth Circuit. Here's an excerpt:

[W]e would be remiss if we did not comment on the conduct of Roger Phipps, counsel for Hartz, during oral argument in this case on Tuesday, March 4, 2008. Phipps’ conduct towards the Court during argument was unprofessional. Even more serious was his admission that during his work on the case (including his preparation for argument), he had not read a key Supreme Court case. His cavalier disregard for his client’s interest and for his obligation to the Court was both troubling and disgraceful. [FN4]

Accordingly, we are ordering Phipps to provide his client, Hartz, a copy of our opinion immediately after it is released. In order to ensure compliance, we are further directing him to supply our Court with proof of service.

Ouch. So what did Phipps do to incur the court's wrath?

Read the text of footnote four, after the jump.

Update: For a postscript to this story, see here.

* Fed cuts fed funds rate by 0.75%, but stocks are still lower. [AP; New York Times; Washington Post]

* Clinton and Obama get snippy with each other in debate, raising questions about each other's legal work. [Washington Post; New York Times; WSJ Law Blog]

* SCOTUS denies review in gigantic Enron-related investors' lawsuit. [SCOTUSblog via How Appealing]

* Statutory interpretation makes for strange bedfellows in 5-4 ruling in Ali v. Federal Bureau of Prisons. [SCOTUSblog (PDF) via How Appealing]

* New York City revisits the issue of forced disclosure of calorie counts by restaurants. [AP via Drudge]

As regular ATL readers will recall, Judge Samuel B. Kent (S.D. Texas) is currently on leave from the bench (although still collecting his $165,200 salary). The Fifth Circuit suspended him after allegations of what it described as sexual harassment.

But Judge Kent's troubles may not be over yet. From the Galveston County Daily News (via How Appealing):

A woman who has accused U.S. District Judge Samuel Kent of unwanted sexual touching will have her case reheard by a disciplinary panel of the 5th Judicial Circuit, her attorney, Rusty Hardin, said late Monday.

Late that afternoon, Hardin gave the panel summaries of interviews his team did of 20 people who have had contact with Kent. Hardin claims those interviews show that Kent has misbehaved toward women since shortly after he was named to the federal bench in Galveston in the early 1990s.

Hardin said he and his client are asking that the panel refer the matter to the Judicial Council of the United States with a recommendation that Kent be impeached.

Additional discussion, plus a reader poll, after the jump.

Last week we honored Judge Samuel B. Kent with our prestigious Judge of the Day award, based on his alleged sexual harassment of a court employee. Now the Fifth Circuit Judicial Council has also recognized Judge Kent. From Texas Lawyer:

The Judicial Council of the 5th U.S. Circuit Court of Appeals [on Friday] issued an order reprimanding and admonishing U.S. District Judge Samuel B. Kent of Galveston. The order relates to a complaint of judicial misconduct lodged against the judge on May 21 alleging sexual harassment toward an employee of the federal judicial system.

A former case manager for Kent, Cathy McBroom, confirms she filed a complaint against the judge. She declines further comment. McBroom currently works in the clerk's office in the Houston Division of the Southern District of Texas.

You can access the order here (PDF). But as a tipster notes, "All the juicy stuff will 'not be disclosed.' No fun at all."

Fear not, judicial gossip aficionados. The Houston Chronicle has more details:

Kent is accused of harassing and inappropriately touching his 49-year-old case manager in his chambers in March....

On the day of the incident, other employees saw McBroom crying and visibly upset, according to interviews. A few weeks later, McBroom transferred to another federal court job in Houston. McBroom was so shaken by the encounter, "She (was) a basket case," an acquaintance said.

McBroom has retained Houston attorney Rusty Hardin, who would not comment for now on the particulars of the case.

Not good news for Judge Kent. Hardin is one of Houston's top trial lawyers.

And this is just the tip of the proverbial iceberg. Additional allegations against Judge Kent, after the jump.

Are you a Texas law firm associate who is sick of tired of working long hours for low pay? Are you looking for a more creative position, one that would offer you more "hands-on" experience?

Then you might be interested in working for the U.S. Court of Appeals for the Fifth Circuit -- still for low pay, but probably for better hours. And we're not talking about some run-of-the-mill law clerk gig.

The circuit is looking for an in-house interior designer. How fabulous! And no, we're not joking. Check out the job posting by clicking here (PDF).

Okay, so you don't have the requested "bachelor's degree in interior design." But surely a J.D. from an accredited U.S. law school, plus the requested ability "to move light furniture," would be just as good.

Yeah, you'd have to move to New Orleans, but that's not too far -- still within the Fifth Circuit. In terms of specific job responsibilities, the most difficult one is probably "procuring furniture and furnishings utilizing federal procurement guidelines."

That should be construed as "decorating courthouse spaces in halfway decent fashion, using furniture manufactured by federal prison inmates." And remember -- Martha checked out of the Big House a long time ago.

If that's not worthy of an episode of Top Design, we don't know what is.

Interior Designer / Space Planner (PDF) [U.S. Court of Appeals for the Fifth Circuit]

Time for a few updates on a subject near and dear to our heart, which we've been neglecting as of late: federal judicial nominations. Here's the latest news:

1. Texas state court judge Jennifer Elrod (at right), whom we previously identified as a possible nominee to the Fifth Circuit (and compared to Jennifer Aniston), has been officially nominated to that court. We've heard good things about Judge Elrod and wish her the best of luck in the confirmation process.

2. Connecticut state court judge Vanessa Bryant, discussed previously here, has been confirmed to the District of Connecticut.

3. Earlier this month, the White House sent a raft of judicial nominations over to the Senate. Nothing terribly exciting.

The two most controversial nominees in the bunch: state court judge Janet Neff (D. Mich.), and trial lawyer Richard Honaker (D. Wyo.). They may generate opposition on opposite sides of the aisle. Neff got a lot of grief from the conservative Sen. Sam Brownback for having attended a lesbian commitment ceremony. Honaker may be targeted by liberals for his record of strong opposition to abortion.

Here's a random bit of trivia about Honaker: he was a Harvard classmate of Al Franken. If Honaker runs into opposition from liberals (despite being a trial lawyer and card-carrying member of ATLA), will Franken testify in his defense before the Senate Judiciary Committee?

(The article also mentions Billy Crystal, but we don't believe Billy Crystal went to Harvard.)

Update: HA! The Billy Crystal mystery is revealed. Check out this comment.

Nomination Sent to the Senate [WhiteHouse.gov]
Nominations Confirmed [Senate.gov via How Appealing]
Nominations Sent to the Senate [WhiteHouse.gov]
Harris County civil judge nominated to federal bench [Houston Chronicle]
Bush renominates five Michiganians to federal judgeships [Detroit News]
Thomas announces judgeship nomination for Rock Springs lawyer [Casper Star-Tribune via How Appealing]

If you're getting tired of our stories about the DOJ's Shanetta Cutlar and S&C's Alexandra Korry, we have a new name to add to our rotation of delightfully high-powered, imperious females. Meet Judge Vanessa D. Gilmore (at right), of the U.S. District Court for the Southern District of Texas.

Whisper her name out loud: "Vanessa Gilmore." Doesn't it even SOUND diva-licious? If she weren't a federal judge, couldn't she be a character on "Dynasty"?

But we have reasons other than the sound of her name for declaring this rather attractive jurist to be a judicial diva. From a helpful tipster:

I'd like to bring another judicial diva to your attention: Judge Vanessa Gilmore of the Southern District of Texas. You probably have already read about Judge Gilmore's ruling in the Enron broadband case vacating Howard's conviction. I'm not sure she's a match for Shanetta Cutlar, but she's no slouch either when it comes to divadom.

[R]umors about her include:

* She has thrown her keys in open court at an attorney (I believe it might have been an AUSA) for calling her "ma'am";

* She ordered an AUSA to have John Ashcroft personally write her a letter explaining the DOJ's reasons for seeking the death penalty against one defendant but not others [the Williams case, discussed in more detail below];

* When she didn't like the particular font counsel used, she told him that she threw his motion in the trash without reading it, and then she ruled against him;

* During trial she is happy to make findings contrary to stipulations of the parties; and

* She encourages ex parte contact with the court and attempts to prevent record-making: any discovery "motions" must be way of a one-page letter to the court. She will then have a hearing which she considers an "oral motion to compel." She will happily rule without actually seeing any of the discovery propounded.

More about Judge Gilmore, including a discussion of how she got benchslapped by the Fifth Circuit, after the jump.

P.S. We welcome colorful anecdotes about strong personalities within the legal profession regardless of their race, gender, etc. It just so happens that lately we've been getting information about women. If you want to tell us about your workplace abuse at the hands of a man -- e.g., Eric Krautheimer, of Brokeback Lawfirm infamy -- we're all ears.

Here is some late-breaking judicial nomination news:

1. An update to our prior coverage of the withdrawal of the "Radioactive Four." As one of you points out, it seems that Judge Terrence Boyle (E.D.N.C.), nominated to the Fourth Circuit, wanted to continue fighting.

From the latest version of the AP story:

William Haynes, William G. Myers III and Michael Wallace all asked to have their appointments withdrawn, these officials said. Judge Terrence Boyle was informed of the White House's decision, according to an ally....

Lars H. Liebeler, a Washington lawyer, said in a telephone interview that Boyle, unlike Wallace, Haynes and Myers, did not submitted a letter asking to be withdrawn but was told of the president's intentions.

This makes some sense. Considering that Judge Boyle (above right) is (1) 61 years old and (2) already a sitting federal judge, he's not really going anywhere -- and he doesn't have much to lose from further fighting. But the White House apparently decided that continuing to push his nomination, in a Senate controlled by the Democrats, wasn't worth the possible loss of face (or expenditure of political capital).

2. The White House released two more slates of judicial nominees today. See here and here.

The most notable and/or controversial nominees:

(a) Judge Thomas Hardiman (W.D. Pa.), renominated to the Third Circuit, who is the subject of a tempest in a teapot (item #3);

(b) Peter Keisler (OT 1988/Kennedy), renominated to the D.C. Circuit, who isn't problematic personally, but has a "seat issue" (for years Republicans were saying that the last seat on the D.C. Circuit is unnecessary);

(c) Judge Vanessa Lynne Bryant, renominated to the District of Connecticut, who received an "unqualified" rating from the ABA; and

(d) James Rogan, renominated to the Central District of California, who once served as a floor manager in the Clinton impeachment fight, back when he was in the House of Representatives.

These nominees aren't THAT controversial, at least compared to the Radioactive Four. We think that they ultimately can (and should) make it through the Senate Judiciary Committee, then win confirmation by the full Senate.

But the ascendant Democrats may want to flex their muscles. And one way to do so would be by delaying, or defeating, one of these nominations.

3. Here's an AP article about Leslie Southwick, nominated to the Fifth Circuit seat formerly held by Judge Charles Pickering Sr. (the seat that Michael Wallace was up for, before he withdrew).

Southwick is a former state appellate judge in Mississippi. As Howard Bashman notes, maybe the third time will be the charm for this hard-to-fill seat.

Bush Judicial Nominees Ask to Withdraw [Associated Press]
Senators say Bush nominating Southwick for 5th Circuit [Associated Press]
Nominations Sent to the Senate for the Judiciary [White House via How Appealing]
Nominations Sent to the Senate [White House via How Appealing]

Earlier: And They Will Back Down

* Some interesting comments about Harriet Miers getting a Fifth Circuit nomination, as well as speculation about who might replace her as White House counsel. [ConfirmThem]

(We second the suggestion of Rachel Brand (at right). Brand previously worked in the White House counsel's office, before her appointment to head the Office of Legal Policy at the Justice Department.)

* From an Instpaundit correspondent: "I'm no law prof, but isn't the presumption of innocence most useful before a pile of facts come out indicating that the accused are, in fact, innocent?" [Instapundit]

* Speaking of which, check out Best Defense, which "seeks to place the presumption of innocence front and center." [Bag and Baggage]

* Jeez, he's even more of a tool than we thought. Can someone please talk some sense into him about 2008? [Althouse]

* Backlash to the backlash against (allegedly) excessive executive pay. [Point of Law via Dealbreaker]

* Amen. With the exception of news aggregators, blogs are by their nature idiosyncratic, rather than comprehensive. So don't get your briefs in a wad when we fail to write about your pet topic. [Volokh Conspiracy; Althouse]

As previously reported, Harriet Miers -- she of the ill-fated Supreme Court nomination* -- has submitted her resignation as White House Counsel. It will take effect at the end of this month, on January 31. The search for her replacement has begun.

From White House spokesman Tony Snow:

"Basically, she has been here six years. As somebody said earlier today, ‘She put 12 years of service into six years.’ Harriet is one of the most beloved people here at the White House.”

Indeed, the work ethic of the 61-year-old Miers lies beyond question. At night, her car is typically the last one left in the senior staff parking lot, between the Old Executive Office Building and the West Wing. Her dedication to President Bush is also unimpeachable.

(The New York Times, referring to Miers's withdrawn SCOTUS nomination, states that "no one doubted her intellect, [but] some doubted her credentials to be a justice." We disagree with the first proposition. In certain super-snobby quarters of the legal elite, her intellect was definitely questioned -- even if few would do so publicly.)

We hear that Miers's resignation, which she announced at this morning's White House counsel staff meeting, came as a surprise to much of her staff. There's also precious little information about her replacement.

* A well-established rule of English usage: With respect to Harriet Miers, the words "Supreme Court nomination" must always be preceded by "ill-fated."

Additional commentary appears after the jump.

We love lists: the Forbes 400, the U.S. News college and law school rankings, or Washingtonian magazine's list of 40 top lawyers under 40. We love lawyers -- which is good, since we spend all day writing about them. And we love fabulous things.

So you can imagine our delight upon seeing this feature from The American Lawyer: The Young Litigators Fab Fifty. It's a list of 50 top litigators from around the country, all under the age of 45, whom the magazine "expect[s] to see leading the field for years to come."

You can check out the list here. Regular readers of ATL will recognize many of these youthful luminaries. Here are some highlights:

-- Latham & Watkins partner Sean Berkowitz,* the former prosecutor who rose to fame durring the Enron case;

-- Paul Clement, the U.S. Solicitor General (who was very nice to us);

-- Weil Gotshal partner Gregory Coleman and Texas Solicitor General R. Ted Cruz, two top Texas lawyers (and possible Fifth Circuit nominees);

-- Assistant Attorney General Alice Fisher, the delectable DOJ diva;

-- Jeffrey Fisher, of Davis Wright & Tremaine, SCOTUS lefty litigator extraordinaire (he's a Bleeding Reinhardt and former JPS clerk);

-- Deputy Solicitor General Gregory Garre, Chief Justice Roberts's former l'il buddy (from his Hogan & Hartson days);

-- Professor Neal Katyal of Georgetown Law, the "Paris Hilton of the Legal Elite";

-- Alabama's Solicitor General, Kevin Newsom (amusing story about him here); and

-- Eugene Scalia, the Gibson Dunn partner and fabled ERISA hottie (and son of Nino).

On the whole, it's an excellent list. We can think of a few questionable omissions (and a few dubious selections). But with something this subjective, reasonable minds will differ.

Congrats again to the Fab Fifty!

* Does anyone know if Sean Berkowitz and Bethany McLean, the Fortune reporter who covered Enron, are still an item?

The Young Litigators Fab Fifty [American Lawyer]

Via How Appealing, of course (because who else besides us and Howard Bashman is blogging right now):

1. Controversial Fifth Circuit nominee Michael Wallace (at right), a member of the Elect (Rehnquist/OT 1977) who was still rated "unqualified" by the ABA, will ask President Bush to withdraw his nomination next week.

This is a smart and gracious move by Wallace, which will allow the White House to save some face. Since Wallace couldn't even get confirmed in the Republican-controlled 109th Congress, his chances of confirmation in the 110th Congress would have been next to nil.

2. Disciplinary sanctions may be imposed upon Judge Manuel Real (C.D. Cal.), the Los Angeles federal judge accused of improperly intervening in a bankruptcy case to rescue a damsel probationer in distress (Deborah Canter, routinely described in news accounts as "a comely female").

Ladies and gentlemen, chivalry is officially dead. What's the point of being "a comely female" if you can't get favorable treatment from the federal courts?

Judge Real has appealed the censure ruling of the Ninth Circuit Judicial Council to the Judicial Conference of the United States. It's not clear when they will rule.

Judicial hopeful steps aside [Clarion-Ledger]
Michael B. Wallace bio [Phelps Dunbar]
Web error reveals censure of U.S. judge [Los Angeles Times]
Manuel L. Real bio [FJC]

Many of you, especially those of you about to deposit Biglaw bonus checks, will update your résumés at the start of the new year. It's a common time to jump to a new job, or to start looking for one. In the first few weeks of 2007, expect departure memos to go around like the flu.

But what do you want to do next? Fellow law geeks, your attention please. The man with good taste in chocolate has two positions open in Texas’s Office of the Solicitor General (OSG).

OSG regularly handles high-profile, politically sensitive cases in the U.S. Supreme Court. Most recently, it successfully defended the Texas redistricting plan, defended the Ten Commandments monument on the Texas capitol grounds, and resisted efforts by the International Court of Justice to order reconsideration of U.S. death penalty jurisprudence.

It also regularly participates as amicus in cases in which the State has an interest. Since 2003, OSG has filed over 50 Supreme Court briefs. And, for three years running now, in 2003, 2004, and 2005, the Texas SG’s office has won the National Association of Attorneys General (NAAG) award for Best Supreme Court Brief.

More details about this exciting opportunity, after the jump.

* It's all about the benjamins, baby. Bonus season is upon us. And we're standing by to broadcast every move. So please email us with any news, rumors, and leaked memos about bonuses.

* Truthful tips are especially welcome. Look for the first wave of bonus announcements in the coming week.

* And check out the most anal retention letter ever.

* In non-Biglaw developments, it was a busy week for the Supreme Court. They heard all about EPA regulatory discretion, the Federal Circuit's recondite jurisprudence, and other fun topics.

* On tap for the SCOTUS: Ken Starr and a bizarrely fascinating case. It's like Bill 'n Monica, all over again. But is it sexy enough for same-day audio-cast? Probably not.

* Meanwhile, on Capitol Hill, the imminent Democratic takeover is already being felt at the Senate Judiciary Committee. The big white-collar shops are eagerly anticipating lots of new business.

* Speaking of elections, please cast your vote for November 2006 Couple of the Month. And if you're an NYU Law School student, please forward us the results of voting in the 3L hottie contest.

* In federal appellate judge news, Judge Morris Arnold is recovering nicely, Judge Richard Posner is getting testy, and Judge Frank Easterbrook is now Chief Judge Frank Easterbrook.

* And over in the district court, Judge Lee Rosenthal (S.D. Tex.) is probably out of the running for a promotion to the Fifth Circuit (despite being very highly regarded).

* Finally, in state court land, some judges are getting a little big for their britches robes. They're mouthing off, railing against immigrants, and making spectacles of themselves. Pipe down, Your Honors, and stay out of trouble.

Before the Thanksgiving break, we wrote a fair amount about some possible nominees to the U.S. Court of Appeals for the Fifth Circuit. We'll now pick up where we left off, and continue with more detailed profiles of some of the potential nominees we mentioned.

But first, a request. A number of ATL readers have expressed interest in speculation about nominees for the open seats on the Third Circuit (Justice Samuel Alito's old seat) and Fourth Circuit (Judge J. Michael Luttig's old seat). If you've heard anything interesting on these subjects, please do share.

Today's possible Fifth Circuit nominee: Judge Lee H. Rosenthal, of the Southern District of Texas. Here are some things we've heard from our readers about Judge Rosenthal:

"Best judge on the S.D. Tex. bench, which is actually passably deep. Sweet, rational, bright and tough all in one package."

"The country could not do better, and I think even hyperpartisan Democrats would be able to see that. She's my pick if Bush wants to avoid spending any significant political capital."

"A stellar trial judge who would make a superlative appellate judge. And those two don't always go hand in hand. See, e.g., Ann Claire Williams of the 7th Circuit (who should have remained an excellent district judge instead of becoming a thoroughly mediocre appellate jurist)."

(Judge Williams, if you're reading this, please note that these are simply opinions from ATL readers. They do NOT represent our own views.)

More comments about Judge Rosenthal, from the readers of Grits for Breakfast:

"Several readers identified Rosenthal... as an] exceptional, fair, and qualified judge[]."

"One reader feared losing Judge Rosenthal or Judge Elrod as trial judges, and suggested Rosenthal deserved a 5th Circuit appointment and Elrod should fill her federal district court slot."

"Lee Rosenthal is by far and away the most learned Judge I have ever practiced before. She seems to be fair, well-reasoned and straightforward."

So given all this praise, why did we place Judge Rosenthal in the second tier of possible nominees -- an "outside possibility" for the Fifth Circuit?

Well, to make a long story short, we hear that some conservatives are concerned about her "reliability" (i.e., her ideological consistency). And even though the new Senate will be controlled by the Democrats, the White House and the Republican on the Senate Judiciary Committee do not feel compelled to put forward nominees whose conservatism is even slightly in question.

(At least not yet. It remains to be seen whether the scrappy Chuck Schumer, aided by Nan Aron and friends, will wear them down over time.)

What do you know about these potential 5th Circuit nominees? [Grits for Breakfast]

Earlier: More Fifth Circuit Scuttlebutt: R. Ted Cruz
Some Fifth Circuit Scuttlebutt

For years we've been huge fans of Judith Edith H. Jones. She had a reputation as a tough, smart, conservative judge. She was known as as a badass of the bench, more than capable of eviscerating counsel or colleagues who crossed her. Her dramatic nickname -- "horsewoman of the right-wing apocalypse" -- pretty much said it all. (See here, hottie #3.)

(The high-powered Judge Jones was also a recurring Supreme Court short-lister -- so frequent a SCOTUS mention, in fact, that Slate once dubbed her "Susan Lucci in Judicial Robes.")

So our obsession with Judge Jones went way back. How could we not adore such a strong-willed, right-wing judicial diva? Sometimes muttering her full name under our breath -- the Honorable Edith Hollan Jones -- would make us shiver involuntarily.

This past weekend, at the Federalist Society conference, we actually got to meet Judge Jones. It was a thrill! And we even got to take a picture of her -- so cool!

(Alas, Judge Jones forbade us from publishing it on the internet -- and we don't want to be found in contempt. So the picture will have to remain in our personal stash of federal judicial portraits. Sorry!)

In addition, we had the chance to observe Judge Jones up close, while she was in the audience of the final panel of the conference -- a magnificent shouting match between social conservatives and libertarians that was nominally entitled "The Role of Government in Defining Our Culture." (We expect to write more about this steel-cage match panel discussion later.)

We are sad to report, however, that some of these observations have changed our view of Judge Jones. We reveal what we saw, after the jump.

* Emily Pataki, the attractive and accomplished daughter of New York governor George Pataki, failed the New York bar exam -- and sent around an office-wide email about it. The story was broken by the mainstream media.

* We heard from some of Emily's law school classmates about the incident. In a reader poll, you opined that emailing her White & Case colleagues was unwise.

* The Democratic takeover of the Senate could make things tough(er) for the White House's judicial nominees.

* Despite the sea change in Washington, President Bush resubmitted six controversial judicial picks to the lame duck Senate. Getting all of them confirmed is probably impossible, but getting two of them through might happen.

* The White House has not yet submitted nominees for the two vacant Fifth Circuit seats. (Texas's Solicitor General, conservative legal superstar R. Ted Cruz, is said to be uninterested.)

* Borat-related litigation shows no signs of abating.

* O.J. Simpson: He's back -- and he's still looking for his wife's killer. Except this time, he's looking in the mirror.

* Some bad ideas from the past week: getting frisky on an airplane; setting your ex-girlfriend's kittens on fire; having sex with a deer (even if it's dead); eating at Burger King or Taco Bell; and getting married without a prenup (if you're a filthy rich Hollywood celebrity).

* Over the past few days, we've been spending some quality time with the Federalist Society. More reports on the proceedings -- including lavish photography -- will appear in the coming week.

In our detailed review of possible nominees for the two open Fifth Circuit seats in Texas, we mentioned Texas's Solicitor General, R. Ted Cruz, as a possible nominee.

After we dropped his name, a number of you wrote in to share your thoughts about him (as frequently happens after we mention someone in these pages). Here are some of your comments:

"Ted Cruz is brilliant -- and he knows it. In this respect, he's like his former boss, ex-Fourth Circuit Judge J. Michael Luttig. And in both cases, the arrogance is actually warranted."

"Ted Cruz is a smartest of all the people whose names you floated (probably even including Greg Coleman, but that's a close call). Cruz is a former Luttig and Rehnquist clerk, and not surprisingly, he's very well-connected politically. Prior to taking the Texas SG job, he served in the Bush Administration. If nominated, he could face some opposition. He's very conservative -- but when it counts, it's mostly in a cute libertarian/old Federalist Society sort of way. And he's very, very political -- he may not be an easy sell in a 52-48 51-49 Senate itching to do some damage."

"Before Ted Cruz was one of America's top young conservative lawyers, he was a force to be reckoned with on the college parliamentary debate circuit. Debaters would pratically pee in their pants upon learning they'd be going up against him!"

In sum, Ted Cruz is a brilliant, conservative, high-powered Latino lawyer. So why did we call him only an outside possibility for the 5th Circuit?

Is it because he might engender Democratic opposition? Actually, no. Considering that President Bush just resubmitted four controversial circuit court nominees, it's clear he's still ready to rumble with the Dems. The White House would probably be fine with nominating Cruz if he wanted a Fifth Circuit seat.

And therein lies the rub. These days we're hearing that Cruz actually does NOT want to get appointed to that court. At an earlier point in his legal career, a Fifth Circuit seat might have been his dream job (en route to a seat on the Supreme Court). But the latest rumor is that Ted Cruz has grown more interested in elective office lately.

So expect him to run for some prominent elected position in the not-too-distant future. Texas Attorney General? Governor of the Lone Star State? A position representing Texas in the U.S. House or Senate? The sky is the limit for someone as talented as Ted Cruz.

R. Ted Cruz bio [Trolp.org]
Ted Cruz [Wikipedia]

Earlier: Some Fifth Circuit Scuttlebutt

Thanks to everyone who responded to our request for gossip about possible Fifth Circuit judicial nominations. Your tips were very helpful to us, as was this piece in the Texas Lawyer.

(And thanks to Peter Harrell, a current law student and former political reporter for Congressional Quarterly, for this insightful comment. A good point. With respect to some judicial nominees, the Democrats will probably try "killing them softly," with procedural mechanisms. But the Dems should be careful. If they do TOO much of this, they will look obstructionist. And Pelosi and pals are saying that they're in D.C. to get things done.)

Anyway, re: the 5th Circuit, this is what we're hearing:

1. There are two Texas seats on the Fifth Circuit to fill: those of Judge Patrick Higginbotham and Judge Harold DeMoss. (For the vacant Mississippi seat, Michael Wallace is the White House's pick; but he doesn't seem to be going anywhere right now.)

2. A package deal of two nominees is likely. One would be a so-called "diversity pick," i.e., a minority or a woman, and one would be a "regular" pick.

(Some Senate Republicans are not thrilled about the idea of a diversity pick. But the Democrats taking over the Senate next year, diversity picks will probably only increase.)

3. For the "diversity" seat, the leading candidates are two Texas state court judges: Justice George C. Hanks, Jr., an African-American appeals court judge; and Judge Jennifer W. Elrod, a well-regarded trial court judge.

(Yes, Judge Elrod is quite attractive -- in a perky, "Jennifer Aniston" sort of way. But please do not confuse her with Jennifer Elrod, "Famous Centerfold and Celebrity." Judge Elrod uses that middle initial for a reason.)

4. For the "regular" seat, the process right now is focused upon two individuals: Judge Sidney A. Fitzwater (N.D. Tex.), a Reagan appointee to the federal trial bench, and Gregory S. Coleman, a partner in the Austin office of Weil, Gotshal & Manges.

5. A grab bag of other possibilities, but not as likely as the four just mentioned: Judge David Godbey (N.D. Tex.); Judge Jane Boyle (N.D. Tex.); Judge Lee H. Rosenthal (S.D. Tex., and a woman); Chief Justice Wallace Jefferson, of the Texas Supreme Court; Justice Jane Bland, of the Texas First Court of Appeals; Texas Solicitor General R. Ted Cruz; and Professor Ernest A. Young, of the University of Texas School of Law (Austin).

These are the basics. If you're a real judicial junkie, check out our additional observations, after the jump.

In the wake of the Democratic victories in the midterm elections, people are wondering:

How will federal judicial nominations be affected?

The answer is unclear. On the one hand:

"It's going to be much harder to get hardline conservatives through," says Michael Seidman, a professor at Georgetown University Law Center. Mr. Bush's "history isn't to move to the center much, but, then again, he's never been in this situation."

Outgoing Senate Judiciary Chairman Arlen Specter (R-PA) agrees:

"It could mean that the president would have to select a more moderate nominee," Specter said.

On the other hand:

[S]ome political analysts and others don't see the new crop of senators, many with reasonably conservative bents, significantly changing Senate voting patterns. Columbia University law professor Michael Dorf points to the Senate race in Rhode Island where moderate Republican Lincoln Chafee was ousted, and to the Pennsylvania and Virginia races, in which relatively conservative Democrats were voted in.

"These are really marginal changes," says Mr. Dorf. In his opinion, the power-shift will be most visible at the committee level. "The Democrats will now be able to steer the process," he says.

We're somewhere in the middle. Our thoughts on the process, after the jump.