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Stephanos Bibas Nominated to USCA3

President Trump has nominated U. Penn. Professor Stephanos Bibas to the U.S. Court of Appeals for the Third Circuit (Penn., N.J., Del.).

Among other works, Prof. Bibas is the co-author of a brief, interesting essay, "The Heart Has Its Value: The Justifiable Persistence of the American Death Penalty."  Also noteworthy is The Right to Remain Silent Only Helps the Guilty, 88 Iowa L. Rev. 421 (2003).

Orin Kerr has this post at VC.  Doug Berman has this post at SL&P.

Also nominated to courts of appeals are Colorado Supreme Court Justice Allison Eid to the Tenth Circuit and District Judge Ralph Erickson to the Eighth Circuit.


Kent, who do you suggest the President nominate for the four open Ninth Circuit seats? Also, do you have any recommendations for appointments to Federal District Court judgeships in California?

I have not made any recommendations in that regard.

My suggestions would be in general terms. Nominate people with a demonstrated commitment to judicial restraint and the jurisprudence of original understanding. And never, never, never hand out a lifetime seat on the bench as a political favor.

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