Will Trump Ignore Geographic Connections When Making Circuit Nominations?
At present there are two vacant seats on the Third Circuit: first, Judge Joseph A. Greenaway Jr. sat in New Jersey; and second, Judge Kent A. Jordan sat in Delaware. Yesterday, President Trump nominated Emil Bove to one of those seats, though it is not yet clear which one. I am not aware that Bove has connections to New Jersey or Delaware, though I understand he has ties to Pennsylvania, which is the other state in the Third Circuit. Contrary to common belief, a circuit seat does not belong by statute to a state. Only custom or tradition keeps a seat for a particular state. But once confirmed, the judge must live in that circuit, and that statute makes no reference to a particular state. (This requirement is observed inconsistently.)
So here is my question: in the wake of the Blue Slip
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