The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Leondra Kruger to the D.C. Circuit?

A consolation prize for the short-list-runner-up?


Assuming that Judge Ketanji Brown Jackson is confirmed, there will be yet another D.C. Circuit vacancy. Would President Biden nominate Justice Leondra Kruger of the California Supreme Court? Presumably, that confirmation would put her in a much stronger position to fill the next Supreme Court vacancy. In hindsight, Kruger may have gotten burned by twice-declining the Solicitor General nomination. Moving to the swamp could put her in a better stead with the administration.