by Jeff Mandell, partner at Stafford Rosenbaum LLP and chair of the ACS Madison Lawyer
*A shorter version of this post was distributed in Wisconsin by the Progressive Media Project and previously published by The Capital Times, the LaCrosse Tribune, and the Sun Prairie Star.
The U.S. Constitution grants the President power to nominate judges for the federal courts “by and with the advice and consent of the Senate.” In Wisconsin, for nearly 40 years all presidents, regardless of party, have considered candidates vetted and approved by a nominating commission run by the State Bar in cooperation with both Wisconsin Senators. President Trump unfortunately broke this practice by nominating Michael Brennan for a Wisconsin vacancy on the U.S. Court of Appeals for the Seventh Circuit, though the nominating commission did not approve Brennan. Indeed, Brennan interviewed with the White House before even submitting his name to the nominating commission that ultimately did not recommend him.