Virginia Senators Recommend Three People For Fourth Circuit. President Biden Picks The White Guy.

The Senators recommended a black woman (60), a white woman (58), and a white man (45).

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In May, Virginia Senators Mark Warner and Tim Kaine recommended three people for a vacant Fourth Circuit seat.

The first recommendation was Virginia Solicitor General Toby Heytens. Heytens served as a professor at the University of Virginia, clerked for RBG, and was a Bristow fellow. He is a 45-year old white man.

The second recommendation was Judge Hannah Lauck of the Eastern District of Virginia. She had previously served as a Magistrate Judge, and was an AUSA. She is a 58-year old white woman.

The third recommendation was Judge Arenda Wright Allen of the Eastern District of Virginia. She is a 60-year old black woman. I first became aware of Judge Wright Allen in February 2014. In her haste to declare Virginia's marriage law unconstitutional on Valentine's Day, she confused the Declaration of Independence and the Constitution. My post was picked up by the national media, including ABC and the Wall Street Journal. Judge Wright Allen promptly revised the opinion. Later, Judge Wright Allen presided over the Gavin Grimm litigation.

At the time, I found these three recommendations intriguing. The Senators recommended a black woman who proved her liberal bona fides. But she was on the wrong side of 60. Judge Lauck is the same age as Judge Wright Allen, and she is white. Then there is Haytens. He is white. And by all accounts, is straight. But he is on the right side of 50. He was a scholar at a top law school. He clerked for RBG. He litigates before the Supreme Court. It seemed to me that Warner and Kaine saved face by picking a diverse slate, but really wanted Biden to pick Haytens.

And so Biden did. For the first time, Biden picked a white man for a circuit court position.

As things stand today, we still have no SG nominee. Moreover, as best as I can recall, President Biden has not nominated any judges for states with two Republican Senators.

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  1. And what does skin color have to do with qualifications?

    1. And what does skin color have to do with qualifications?

      That’s a good question. Have you tried posing it to the left/progressives/Democrats/SJWs, who seem to think skin color is the most important factor in just about everything?

      1. Obviously not, or Biden wouldn’t have picked the white guy.

        1. But Biden didn’t pick the White male often enough to please conservatives.

          Trump did, though. His myopic focus on White males thrilled Republicans.

          Good luck riding that one into the American future.

          1. I’m sure Amul Thapar, James C. Ho, Danielle J. Forrest, Bridget S. Bade, Barbara Lagoa, Kenneth K. Lee, & Allison H. Eid, to name but a few would find your characterization as white male to be rather offensive or at least ignorant. But when you live with blinders on the size of yours it’s to be expected.

            1. Pres. Trump’s nominees were so overwhelmingly White and male that even a half-educated, misogynistic, racist, xenophobic, gay-bashing right-winger should be able to apprehend that point.

              Is the Volokh Conspiracy diverse enough for a disaffected clinger?

        2. Obviously not, or Biden wouldn’t have picked the white guy.

          You mean, Joe…
          “a racial jungle”
          “you ain’t black”
          “the first mainstream African American who is articulate and bright and clean”
          “Unlike the African-American community, with notable exceptions, the Latino community is an incredibly diverse community with incredibly diverse attitudes about different things”
          …Biden?

          1. Yup, the same one that picked the white guy.

          2. See, here’s the thing, Wuz: From the time the first slave ship landed in North America lo these many centuries ago, race has been the single most polarizing issue. I’m hard pressed to think of any issue that has led to more violence, bloodshed, hatred, and human misery than race. So do not blame the left for recognizing that reality and trying to do something to alleviate some of the problem. The left is playing the hand history dealt it.

            The (mostly white) right, on the other hand, is largely content to leave things as they are and not talk about them because for the most part it’s done pretty well for itself at the expense of minorities. So it’s a matter of whose ox is being gored. Maybe some day you’ll be able to see past your nose on the issue.

      2. Thanks a lot, Josh. You nitpick a black woman judge, and destroy her future. Now, we are stuck with an Ivy indoctrinated scumbag lawyer. His type also runs several miles a day, has little body fat. We will never be rid of this toxic vermin.

    2. Welllllll, it had everything to do with his choice of VP, didn’t it?

      He promised to choose a WoC. Obviously, based on simple observation, qualifications had nothing to do with it.

      1. For most of our history, nobody except a white male would have been seriously considered for VP. Please stop with the nonsense that paying attention to race and sex is is a new thing that the left invented.

        1. Kinda like the complaint that Democrats rely on identity politics and racial grievance ……. ignoring the fact that no one relied on identity politics and racial grievance more that Donald Trump.

          1. I do not understand why Republicans and conservatives chose racists, misogynists, gay-bashers, xenophobes, and the like with high draft picks over the years, but as someone competing with right-wingers in the American marketplace of ideas I am glad my side drafted reason, science, inclusiveness, education, strong communities, leading universities, and modernity.

        2. For most of our history, nobody except a white male would have been seriously considered for VP.

          Welcome to 37 years ago.

          1. Well, we’ve been a nation for going on 250 years, so yes, 37 years ago is less than most of our history.

  2. I am no fan of Biden or the Democrats. However, I see no problem “gaming” the system by picking the youngest ideologue for a lifetime appointment.

    1. They all seem reasonable choices. I’m fine with Heytens.

    2. I’m thinking that was the primary reason to choose him as well

  3. You really are an odious little shit.

    1. If you insist on talking to yourself, please don’t do it here.

    2. Racial determination for me but not for thee, right?

      1. What are you talking about?

        No one should be discriminating on the basis or race. But the solution when leftists advocate for it is to continue not doing it… not to try to lather up the crypto-racists (and not-so-crypto-racists) with this concern-trolling bullshit.

        1. You see, the nominee is white, so Blackman gives us concern-trolling bullshit. If Judge Lauck or Allen had been the choice, Professor Blackman would have been just as quick to post with a different variant of bullshit.

          In Blackman-World this is what you describe as a win-win…..

  4. He went with the young one; smart move on the part of whoever told him to do that.
    By the way, now that there is no such thing as man or woman, why does this article obsess over those outdated terms?

    1. “why does this article obsess over those outdated terms”

      Absolutely, birthing person or non-birthing person. Anything else is bigoted.

      1. How does one identify as a birthing person, if one was formerly a non-birthing person?

    2. Longtobefree : “….whoever told him to do that.”

      Probably the same person who told Biden to be a more honest, rational and coherent president than his predecessor, eh?

      Ah the value of good advisors!

      1. “more honest, rational and coherent president than his predecessor”

        But he’s not. Biden is Trump’s doppelgänger.

        1. That’s your guilty conscience talking, Bob. Shame is leading you far away from obvious fact.

    3. Longtobefree: “…now that there is no such thing as man or woman…”

      Is there any topic on this blog where a Right-type can’t shoehorn-in some response to gratifies his weird sexual obsessions? I’m beginning to think there isn’t.

      There were men&women yesterday. There are men&women today. Normal people don’t get this version of Right-style flailing victimhood panic.

      1. The topic is supreme court rulings, not my personal opinions.
        But rant on – – – – – – –

  5. Real good faith here.

    1. Why in the world would the man be deserving of good faith when he literally ran his campaign on the promise of a discriminatory VP selection process? Do you imagine that afterward he suddenly shut off the calculated political cynicism like a switch?

      1. Aww, someone is still butthurt that he wasn’t on the Biden shortlist, apparently.

        1. Aww, someone is still butthurt that he wasn’t on the Biden shortlist, apparently.

          Aside from being completely orthogonal to the point we’re discussing, that would require me to have had the slightest shred of desire to be VP under Biden. I’m not sure you really thought that one through.

          1. So you’re butthurt for oppressed white men in general ?!?

            That’s pretty hard for me to understand, even though I’m a (non-oppressed) white man who would have welcomed the gig as Joe’s veep. They say the pay’s pretty good, the benefits are great, and you don’t have to do very much.

            1. If there is anything the Volokh Conspiracy, the Federalist Society, an the Republican Party are good for these days, it is defending and promoting the interests of grievance-consumed, self-pitying, stale-thinking White males.

      2. Good faith doesn’t really depend on whether you hate the guy, especially when he’s not the audience for your post.

        You’re arguing honesty and fair dealing don’t matter because you’re unhappy on behalf of all white people because Kamala Harris is the VP.

        That’s nuts; I can’t believe that’s what you meant to say.

        1. You’re arguing honesty and fair dealing don’t matter because you’re unhappy on behalf of all white people because Kamala Harris is the VP.

          That’s nuts; I can’t believe that’s what you meant to say.

          So nuts, I (wait for it) said no such thing. You whined about no good faith; I provided a very straightforward data point why no good faith was due. It’s not complicated.

          Honestly, was the only “debate” technique that stuck in your formative years that of creating strawmen to triumphantly destroy? It gets old.

  6. “It seemed to me that Warner and Kaine saved face by picking a diverse slate, but really wanted Biden to pick Haytens.”

    Old bureaucratic trick. Provide only one acceptable option so the decision maker does what you want.

  7. The one important piece of information missing from this article is where did they each go to law school?

    1. OK I’ll answer my own question
      Heytens went to UVA Law School
      Lauck went to Yale Law School
      Allen went to North Carolina Central University School of Law

  8. “But he is on the correct side of 50.”

    FTFY, but yeah, saw that coming at sentence one.

    1. Of course the senators didn’t have to pick two bags and a buck.

  9. My post was picked up by the national media, including ABC and the Wall Street Journal.

    Holy crap, that is sad.

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