10 nominations to US district courts in California lapse

Ten of President Donald Trump's nominations to the federal courts in California lapsed on Monday, leaving a long-running judicial emergency unaddressed by the U.S. Senate.

Some of Trump's choices could be re-nominated by Joseph R. Biden after he becomes president as they are experienced and several are uncontroversial, said attorneys.

During his tenure, Trump touted judicial appointments as one of his many accomplishments, and California was no exception. Trump filled several vacancies in 2020: Mark C. Scarsi, Stanley Blumenfeld Jr., John W. Holcomb and Fernando Aenlle-Rocha for the Central District of California. Former Assistant U.S. Attorney Todd W. Robinson filled a seat left by Marilyn L. Huff of the Southern District of California.

That left six vacancies in the Central District out of 28 positions. Those whose nominations expired Sunday are Rick L. Richmond, partner at Jenner & Block; Orange County Judge Sandy N. Leal; Horvitz & Levy partner Jeremy B. Rosen; and U.S. Magistrate Judge Steve Kim of the Central District of California.

Southern District nominations expired for Associate Deputy Attorney General Adam L. Braverman; Assistant U.S. Attorney Michelle M. Pettit; Jones Day partner R. Shireen Matthews; and sole practitioner Knut S. Johnson.

For the Eastern District, nominees who did not get judiciary committee hearings are Sacramento County Superior Court Judge James P. Arguelles and Dirk B. Paloutzian, a shareholder at Baker Manock & Jensen PC in Fresno.

Harsh Voruganti, founder and editor of The Vetting Room and adjunct professor at American University, said it is likely some of Trump's picks still have a chance of being confirmed. However, those with Republican-leaning backgrounds or a Federalist Society affiliation probably won't end up on the bench in a Biden presidency, Voruganti surmised.

"We haven't had an incumbent president lose re-election since George H.W. Bush in 1992, so it's hard to say what's typical and what's not," Voruganti said. "Generally speaking, when an incumbent president loses re-election, you do not continue confirming judges. You hold off and give a new president a chance. But several confirmations did happen during the lame duck session last year."

Aenlle-Rocha was confirmed to the Central District bench on Dec. 20. Voruganti said Matthews still has a good chance to be renominated by Biden.

Benjamin G. Shatz, partner at Manatt, Phelps & Phillips LLP who criticized California's two Democratic senators in the past for their reluctance to confirm nominees with ties to the Federalist Society, said he agreed that Kim is one of the most obvious contenders to be renominated.

There has been a growing desire from liberal and conservative groups to submit their preferred candidates, but the nominees whose nominations lapsed, like Kim, are good, middle-of-the-road picks, Shatz said.

"All these candidates will make good judges and none are really tainted by the fact they were nominated by the Trump administration," he said. "It's an easy starting point for Biden to continue filling those seats. The obvious choice that comes to mind is Magistrate Judge Kim. He's a great candidate, and isn't offensive to anyone politically or otherwise."

Shatz predicted several more judges would likely take senior status, "as they probably feel it's safe to retire now." But he said he remains hopeful Biden and Vice President Kamala Harris, both of whom were lawyers, will understand the urgency facing trial courts.

"There will be more vacancies. That's something to look for this year," Shatz said.