The American Bar Association (“ABA”) has secretly dismissed a significant number of President Barack Obama’s potential federal judicial nominees as “not qualified.” The ABA’s judicial vetting committee disapproved of 14 out of the 185 potential nominees the administration asked it to evaluate, exceeding the total number opposed by the ABA during the administrations of both Presidents Bill Clinton and George W. Bush.
The ABA’s pronouncement marks another chapter in a tense relationship between the ABAand White House administrations. During past Republican administrations, many conservatives accused the ABA of liberal bias. In 2001, President Bush stopped sending names of prospects to the ABA for review before their selection. In 2009, President Obama restored the ABA’s role in the pre-nomination selection process, giving the ABA access to names before any formal selections were made. The president has openly stated that diversifying the court is a priority for the administration. Of the 14 rejected prospects, nearly all were women or members of an ethnic minority group.
To evaluate the potential nominees, the ABA panel conducts confidential interviews with numerous judges and lawyers about whether the candidates have the experience, ethics and temperament to hold a judgeship. The panel also reads potential nominees’ writings; ideology is not considered in the evaluation. Once the evaluators arrive at a decision, they write confidential reports summarizing their findings and their recommendations. The panel does not disclose the rating of any potential judicial nominee unless he or she is formally nominated by the President.
Although the administration promises a “working relationship with the ABA,” officials have meet with the panel’s chairman to express concerns over the number of negative ratings. Among their chief concerns raised is that the panel, which is heavily comprised of litigators, are placing too much emphasis on trial experience as opposed to academia and alternative careers in law.
Author(s): Brooke P. Dolara
