December 31, 2009 10:51 AM

Commentary: Solving the federal judicial selection problem

Writers have steadily criticized President Barack Obama's lower court nomination process for two months. These reports are strikingly similar. They express chagrin that the White House has nominated too slowly, draw facile comparisons with how many nominees President George W. Bush had submitted by this juncture, quote a source who laments Obama's lost opportunity to pack the courts with the kind of judges whom the source favors or simply claim that this has occurred without attribution and conclude by criticizing Obama. Based on the spate of recent, analogous stories, authors must believe that these accounts make good copy. One problem attends this reporting: It lacks substantiation.

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