Questions Presented: An Update on Judge England

Back in this post, Article III Groupie announced that her next Questions Presented interviewee was going to be Judge Morrison C. England, Jr. (E.D. Cal.). A3G must now advise her readers that the interview has been placed on indefinite hold.

The news media is reporting that Judge England is being considered for the California Supreme Court spot recently vacated by that delicious judicial super-diva, Judge Janice Rogers Brown (who has traded the bright California sun for the even brighter, blinding prestige of the D.C. Circuit). Judge England declined to comment to UTR on these reports.

Assuming that the media reports are accurate, A3G congratulates Judge England on making Governor Schwarzenegger's short-list. Judge England would be a superb choice for the California Supreme Court.  Indeed, UTR readers have previously praised Judge England: "Judge England is a black, moderate Republican, who is very well regarded by all the lawyers and judges I know. He is congenial, reasonable, intelligent, and firm. Rather than being the least common denominator to be selected by a judicial selection committee divided 50/50 on partisan lines, he represents a great example of what reasonable people of differing political philosophies can do when they set their minds to doing something of which they can all be proud."

A3G can't help but wonder: As a general proposition, is it a fair trade to give up the glamour (and life tenure) of the federal bench in exchange for the ickiness of the state courts? In many states, the answer is probably no.

But a spot on the high court of California -- a state that accounts for 12 percent of the United States population and 14 percent of the Gross Domestic Product (GDP) -- is a different kettle of fish. Because of California's sheer size and importance, a California Supreme Court justice wields tremendous power and influence, even more than many federal judges (as even A3G must reluctantly concede). This explains in large part why, as noted by Hugh Hewitt, Judge Brown's replacement "matters a lot to center-right conservatives." As Hewitt correctly observes, "Brown was the most conservative member of California's highest court, and though she often was obliged to dissent, she was a voice for serious scholarship from the right side of the legal spectrum in a state inceasingly overwhelmed at every level by left and hard left thinking."

Furthermore, just as Judge Brown's case demonstrates, a California Supreme Court justice would be a prime candidate for a future appointment to a federal appeals court (e.g., the Ninth Circuit). Indeed, even judges on the intermediate appellate courts in California have made it to the Ninth Circuit. See, e.g., Judge Consuelo Callahan, "Dancing Queen of the Ninth Circuit."

On behalf of the readers of UTR, A3G wishes Judge England the best of luck in securing the nomination and ultimately a spot on the court. Judge Brown's Christian Dior logo platform mules are big shoes to fill -- but if anyone can do it, Judge England can!

Comments

[Anon]

This wouldn't be the first time in recent history. Gray Davis put Carlos Moreno, then a district judge in the Central District of California, on the California Supreme Court in 2001.