I think we should just be candid about Todd Butler's nomination to the Fifth Circuit. He has done nothing to prove his conservatism, despite what his conservative friends have said. Being a member of multiple bar associations is almost definitive proof that he is not conservative. I just did a quick scan through the Capital Area Bar Association from Jackson and found numerous DEI programs--yes, even in Mississippi. Butler had nearly two decades to perform pro bono work for a conservative public interest firm, but he didn't. He could have served in government, but he didn't. Again, we should just be candid. He was selected because the White House accepted some sort of political deal involving Judge Southwick and Senator Wicker.
Forget judicial philosophy for a minute. How does Todd Butler's record compare with that of the other members of the Fifth Circuit? I'll put the bottom line up front: over the past three decades, every nominee to the Fifth Circuit had either government service or extensive experience doing public interest litigation. Lawyers in private practice often inquire about federal judicial appointments, and they are frequently told to get some government experience first. This is something people understand, but the rule does seem to have an exception when the price is right.
Both of the Biden nominees, Judges Douglas and Carrillo Ramirez, previously served as federal magistrate judges.
