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McConnell to resign from Tenth Circuit court
By ROBERT BOCZKIEWICZ World Correspondent
Published:
5/5/2009 6:59 PM
Last Modified: 5/5/2009 6:59 PM
DENVER — President Barack Obama has his first opportunity to influence the direction of the federal appeals court that serves Oklahoma by picking a judge to succeed one who resigned unexpectedly Tuesday.
Judge Michael McConnell, appointed in 2002 by President George W. Bush, is giving up his lifetime appointment as a judge of the 10th Circuit Court of Appeals to return to academia.
Eight of the court’s full-time judges were appointed by Republican presidents and four by Democratic President Bill Clinton.
McConnell, 53, of Salt Lake City, was viewed as an intellectual and moderate conservative. He will leave the court Aug. 31 to go to Stanford University as a law professor and director of its constitutional law center.
McConnell was a professor at the University of Chicago law school in the early 1990s when Obama, then a student at Harvard Law School, edited an article that McConnell wrote for the Harvard Law Review.
“As you may remember from our prior association, my first love is teaching and scholarship,” McConnell wrote in his resignation letter to the president.
Chief Judge Robert Henry of Oklahoma City, appointed in 1994 by Clinton, said the judicial circuit, which includes six states, “is losing a remarkable jurist.”
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By ROBERT BOCZKIEWICZ World Correspondent
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Isaac Parker
, Tulsa (5/6/2009 5:50:28 AM)
L.Hayes...please chill out and seek psychological help now. Hope you don't have access to sharp objects or other destructive instruments.
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Bouldergeist
, (5/6/2009 7:28:53 AM)
Why he left is patently obvious: McConnell wanted SCOTUS, so he could push his Roe v. Wade agenda. When that hope was vanquished due to the scuttling of the S.S. McCain, there was no reason to stay.
Beyond that, the gig on the Circuit was little more than a way for Prof. McConnell to pad his resume. He spent so much time teaching and gallivanting across the country on the rubber-chicken circuit that his judgeship was a part-time job. He rarely even read the unpublished opinions “he” delivered, as evidenced by Harrington v. Wilson, No. 06-1418 (10th Cir. Jun. 7, 2007) (unpublished) (withdrawn). Simply put, even the least competent judge on the federal bench ought to know that if you don’t have jurisdiction, you can’t dismiss a claim with prejudice. Ex parte McCardle is mandatory reading in any law school curriculum.
Prof. McConnell (he doesn’t deserve the “Your Honor” part) doesn’t belong so much on a park bench as he does a prison bench. We as citizens are entitled as a matter of law to the intangible benefit of the honest services of our public officials; failure to provide it is honest services mail fraud. 18 U.S.C. Secs. 1341-1346. But as you have probably figured out by now, there is one law for the well-connected, and another for the rest of us.
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