In a little-publicized coda to the battle between President Bush and Senate Democrats over federal appellate court nominees, former California Supreme Court Associate Justice Janice Rogers Brown was sworn in on July 1st as a judge of the United States Court of Appeals for the District of Columbia Circuit. Vance Raye, Associate Justice of the California Court of Appeal for the Third Appellate District, administered the federal oath of office to Judge Brown in the courtroom of the Third Appellate District in Sacramento.

Senate Democrats had threatened to filibuster Judge Brown and several other appointees to the federal appellate courts. Faced with this filibuster, Senate Republicans had threatened what they described as the "nuclear option," a move to change Senate rules to prevent such filibusters of judicial nominees. This collision was averted on May 23rd when a bipartisan coalition of 14 senators reached the compromise that allowed Judge Brown's nomination to be voted upon by the Senate. On June 8, 2005, the Senate voted 56 to 43 to confirm Judge Brown.

Judge Brown's departure leaves a vacancy on the California Supreme Court. According to press reports in late August, Justice Raye, U.S. District Judge Morrison C. England, Jr. and First Appellate District Justice Carol Corrigan are the three leading contenders to fill her vacancy.

Third Appellate District Presiding Justice Arthur Scotland, newly-inaugurated District of Columbia Circuit Judge Janice Rogers Brown and Third Appellate District Associate Justice Vance Raye.

September / October 2005