Washington and Lee Law Review Online Volume 74 Issue 1 Article 5 7-2017 Nominate Judge Koh to the Ninth Circuit Again Carl Tobias University of Richmond School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online Part of the Courts Commons, and the Judges Commons Recommended Citation Carl Tobias, Nominate Judge Koh to the Ninth Circuit Again, 74 WASH. & LEE L. REV. ONLINE 64 (2017), https://scholarlycommons.law.wlu.edu/wlulr-online/vol74/iss1/5 This Development is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review Online by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. NOMINATE JUDGE KOH TO THE NINTH CIRCUIT AGAIN Carl Tobias Abstract During February 2016, President Barack Obama nominated United States District Judge Lucy Haeran Koh to a “judicial emergency” vacancy on the United States Court of Appeals for the Ninth Circuit. She has capably served over multiple years in the Northern District of California competently deciding numerous high-profile lawsuits, specifically regarding intellectual property. Accordingly, the President’s efforts to confirm her were unsurprising. However, 2016 was a presidential election year when judicial nominations traditionally slow and ultimately halt. This difficulty was exacerbated when Republicans consistently refused to implement any confirmation process for United States Court of Appeals for the District of Columbia Circuit Chief Judge Merrick Garland, the experienced and mainstream nominee whom the chief executive had chosen to fill Justice Antonin Scalia’s Supreme Court vacancy during March 2016.