The Volokh Conspiracy

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President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

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President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane Sykes. This is yet another home run pick for President Trump. And, I think we are seeing something of a pattern. Trump's nominee to the Sixth Circuit, Whitney Hermendorfer, clerked for Judge Kavanaugh, and then Justices Alito and Barrett. Trump's nominee to the Third Circuit, Jenn Mascott, clerked for Judge Kavanaugh and Justice Thomas. Trump's nominee to the Ninth Circuit, Eric Tung clerked for Judge Gorsuch, and Justices Scalia and Gorsuch. And now Trump's nominee to the Seventh Circuit, Taibleson, clerked for Judge Kavanaugh and Justice Scalia. Of Trump's six circuit nominees this year, four started their careers with a Justice that Trump appointed.

More judges fit this mold from the first administration. D.C. Circuit Judge Justin Walker clerked for Judge Kavanaugh and Justice Kennedy. Fourth Circuit Judge Allison Jones Rushing clerked for Judges Gorsuch and Sentelle, and Justice Thomas. Judge Sarah Pitlyk (Eastern District of Missouri) clerked for Judge Kavanuagh. (I'm sure I'm missing others--let me know who I forgot.) If you want to see who Trump will pick, look who they clerked for.

I've known Rebecca since 2008, in an indirect way. Rebecca's father, Michael Krauss, was one of my favorite professors of all time. He taught Torts, Legal Ethics, Jurisprudence, Products Liability, and many and other classes at George Mason Law School. I took him twice, voluntarily, knowing that it would not be an easy grade. Michael was a rock of principle who pushed me in ways that inspired me as a person, lawyer, and a professor. He was a proud conservative. I used to be a hardcore Randian, and Michael (thankfully) knocked it out of me. He was utterly unafraid of being cancelled (a term that didn't exist in those years). As a law student, I hosted Michael for talks about the latest conflict in Israel and other controversial topics. He never flinched.

But beyond the law, Michael's greatest joy in life was his family. He always bragged about his wife Cynthia, and his kids, Rebecca and Josh. As I've talked to Michael over the years, he would always tell me what was new with his kiddos. Josh Krauss became a Captain in the Marines. And Rebecca was an Assistant United States Attorney, who spent time in the U.S. Solicitor General's Office. I firmly believe that you can learn a lot about a person by studying who their parents are. And in my book, the daughter of Michael and Cynthia Krauss had the principled upbringing that would serve a federal judge well.

I've keep in touch with Rebecca over the years. I would usually see her at the annual gala dinner at the Federalist Society Convention, and at other events in DC. She was very active during Justice Kavanaugh's nomination. In 2020, Rebecca was gracious enough to serve as a guest judge for the Harlan Institute Moot Court competition. That year, we mooted Torres v. Madrid. Rebecca had argued that case as an Assistant Solicitor General. During that argument, there was a funny bit where Justice Kavanaugh asked her whether Justice Scalia was correct about an originalist issue.

Given that both Wisconsin senators recommended Rebecca, I think her confirmation process should be smooth. And she is already receiving praise from Mike Davis and others.

Finally, I think this excellent nomination should calm any judges who are apprehensive about taking senior status because of the Emil Bove nomination. In candor, I think these unnamed judges are likely suffering from a variant of TDS that has afflicted Mike Luttig and others. Every one of these judges could (quietly) hand-pick their successor. But instead, they complain to the press.

The reality is that these judges would be scorned in polite company for surrendering their seat to Trump, so they won't do it.