NLJ: Law Profs Face Tough Sledding in Federal Appointments

National Law Journal, Law Professors Find a Hard Road to Federal Appointments, by Karen Sloan:

With one of their own sitting in the Oval Office, it's reasonable to think that legal academics might enjoy an edge in snagging nominations for plum judicial and executive branch posts. But law professors have received a relatively chilly reception in Washington of late, at least when it comes to high-profile positions that require the blessing of the Senate.

"This was a real question when Obama was elected," said University of Richmond School of Law professor Carl Tobias, who studies judicial nominations. "I think some of the liberal interest groups thought he would be able to counter the more conservative people Republicans had appointed by appointing more academics. I don't think that's really come to pass."

MIXED SUCCESS FOR LEGAL ACADEMICS

Prominent appointees and the outcome of the nominations process.

STEPHEN HIGGINSON Academic position: Associate professor at Loyola University New Orleans School of Law   Nominated for: U.S. Court of Appeals for the 5th Circuit     Outcome: Approved by the Senate Judiciary Committee on July 14. Awaiting a full Senate vote	DAWN JOHNSEN Academic position: Professor at Indiana University Maurer School of Law–Bloomington   Nominated for: Head of the Office of Legal Counsel  Outcome: She withdrew her nomination after more than a year of opposition from Republicans
ELENA KAGAN Academic position: Former Harvard Law School dean   Nominated for: U.S. Supreme Court   Outcome: Confirmed by the Senate	HAROLD KOH Academic position: Former Yale Law School dean   Nominated for: Legal adviser to the Department of State   Outcome: Confirmed by the Senate
GOODWIN LIU Academic position: Associate dean and professor at the University of California, Berkeley School of Law   Nominated for: U.S. Court of Appeals for the 9th Circuit   Outcome: Twice rejected by the Senate. He withdrew his nomination in May 2011	SCOTT MATHESON JR. Academic position: Professor at University of Utah S.J. Quinney College of Law   Nominated for: U.S. Court of Appeals for the 10th Circuit   Outcome: Confirmed in December 2010
VICTORIA NOURSE Academic position: Professor at the University of Wisconsin Law School   Nominated for: U.S. Court of Appeals for the 7th Circuit   Outcome: Nomination stalled since July 2010	ELIZABETH WARREN Academic position: Professor at Harvard Law School   Nominated for: Failed to be nominated to head the new Consumer Financial Protection Bureau    Outcome: Obama instead nominated former Ohio Attorney General Richard Cordray