Not that it’s surprising, per se, that President Biden has chosen not to ask the ABA to rate his judicial nominees. After all, it’s barely a shell of its former legacy self, having lost most of its members and carrying no sway in the legal profession. But that wasn’t the reason Biden decided not to have his judicial nominees vetted. The contention is that the ABA is just too conservative to be fair to his “diverse” appointees.
Paige Herwig, who focuses on judicial nominations for the White House Counsel’s Office, said in an interview that the administration valued the bar group’s input before senators vote. But, she said, the White House also believes it will have a freer hand to consider a wide range of nominees if the group does not wield prenomination veto power. Continue reading

