A thorough analysis of the federal judiciary's composition suggests that President Obama faces an opportunity to drastically shift the make-up of the federal bench. Eric Haren, an attorney and member of the Board of Directors for the ACS Lawyer Chapter in Washington, D.C., details the division between Democrat- and Republican-appointed judges in each of the Courts of Appeal and in several District Courts.
"Justice Robert Jackson said that the Supreme Court is 'infallible' because it is 'final,'" Haren observes in his analysis recently published by Law.com. "But the Supreme Court is final only when it decides a case, a relatively rare occurrence. The lower courts are final, and thus 'infallible,' more than 99 percent of the time."