Friday, March 17, 2017
Vacancy on Supreme Court 2017 - Odds Against Finalists from Previous Vacancies
Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law
As mentioned in this post, Judges Hostetler and Kincaid were finalists for the 2016 vacancy that was filled by Justice Slaughter. Both judges have applied again. If earlier selection processes are predictive of this one, the odds are not in their favor as finalists for this vacancy.
- The two finalists from 2010 that was filled by Justice David applied again in 2012. Neither Karl Mulvaney nor Judge Robyn Moberly were finalists for the subsequent vacancy.
- Only one of the two finalists from the 2012 vacancy filled by Justice Massa applied for the second vacancy in 2012. Judge Cale Bradford was not a finalist for that vacancy. (Jane Siegel was the other 2012 finalist who did not reapply.)
- The two finalists from the second 2012 vacancy filled by Chief Justice Rush applied for the 2016 vacancy. Judge Nation was not a finalist, but Justice Geoff Slaughter was not only a finalist but also the Governor’s selection for the appointment.
One would expect finalists from a previous vacancy to do well as a subsequent applicant. They will have familiarity with the process and have not only met some (or all) of the members of the Judicial Nominating Commission but impressed them enough to make the final cut. This would seem especially true in 2012 when the JNC membership was the same for both vacancies (except for the change of Chief Justice).
This year, five of the seven JNC members will have previously interviewed Judges Hostetler and Kincaid; the new members are Molly Kitchell (who replaced David Tinkey) and James Young (who replaced Lee Christie).
Posted by Marcia Oddi on March 17, 2017 11:37 AM
Posted to Vacancy on Supreme Court - 2017