The Volokh Conspiracy

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Volokh Conspiracy

Our own Nick Rosenkranz mentioned as a possible 2nd Circuit nominee


I was delighted to see BuzzFeed (Zoe Tillman) report that our very own Nick Rosenkranz—a top scholar of constitutional structure and constitutional interpretation, who teaches at Georgetown University Law Center, and a former law clerk to Judge Frank Easterbrook and Justice Anthony M. Kennedy—is on a list of four possible candidates for the two vacancies on the U.S. Court of Appeals for the 2nd Circuit. Nick is brilliant and immensely thoughtful and fair-minded: Check out, for instance, his "The Subjects of the Constitution" (Stan. L. Rev. 2010), "The Objects of the Constitution" (Stan. L. Rev. 2011), and "Executing the Treaty Power" (Harv. L. Rev. 2005), all of which are intellectual delights (and well-written, too). In Randy's words, "The Subjects of the Constitution" is "a stunner," "one of those rare pieces that hits you between the eyes and causes you to reconsider how you think about the Constitution"; Justice Antonin Scalia's concurring opinion in Bond v. United States (2014) largely follows the arguments in "Executing the Treaty Power"; and the works have been cited extensively by many other scholars and courts.

There's much on which I disagree with President Trump, but the administration's judicial picks have generally been extremely impressive: I entirely agree, for instance, with Orin's praise of Stephanos Bibas, who has been nominated for the 3rd Circuit, and of course Neil Gorsuch is first-rate. Nick is a comparably excellent choice.