A Family Affair for President Biden’s Nominees To First and Sixth Circuits
President Biden has now made his fiftieth round of judicial nominees. The two circuit nominees stand out.
First, in January 2024, Judge Jane Branstetter Stranch of the Sixth Circuit announced that she would take senior status on the confirmation of her successor. Now, Biden has nominated Karla M. Campbell to fill Stranch’s seat. Campbell spent her entire career at the Nashville firm formerly known as Branstetter, Stranch & Jennings, PLLC. If those names look familiar, it should. Jane Branstetter also started her career at that firm, where her father, Cecil D. Branstetter, was a founding partner. And Jane’s husband, James Stranch, also worked at that firm. And wouldn’t you know it, Campbell was Judge Stranch’s first law clerk on the Court of Appeals. It is very much a family affair! Did Judge Stranch have any say in picking her replacement? We know that the President nominated Judge Gibbons’s former law clerk to replace her. As a general rule, I would offer a rebuttable presumption: whenever a Judge is replaced by a former law clerk, there were some backroom dealings.
Second, in November 2023, Judge William Kayatta of the First Circuit announced his intention to take senior status on October 31, 2024 (just before the election!), or upon the confirmation of his successor, whichever happens sooner. Kayatta, who was confirmed in 2012, has only been in the s
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