You can bet President Obama is going to try and stack the deck at the D.C. Circuit Court, the nation’s second most powerful.
Yesterday, Sri Srinivasan was confirmed by the senate 97-0. This splits the court 4-4 between judges nominated by a Democratic and Republican President. “One big problem: The court doesn’t need the judges. The D.C. Circuit is among the most underworked court in the federal system. Lawyers can under most statutes now bring challenges to federal agencies in either the D.C. or a local circuit. Liberals prefer the Ninth Circuit, while conservatives used to favor the Fourth but might now choose the Fifth. In any case this means fewer cases for D.C.,” from Review & Outlook in The Wall Street Journal.