Confirm Brennan to the U.S. Court of Appeals
America’s legal tradition is based upon a commitment to the rule of law and the principle that every man, woman and child stands equal before the law. These abstract principles cannot exist unless they are adhered to by the men and women entrusted by citizens to preserve them. And no one is more important to the preservation of our judicial process than the judges who preside over it.
That is why we urge the U.S. Senate to swiftly confirm Judge Michael Brennan to the U.S. Court of Appeals for the Seventh Circuit.
Judge Brennan is committed to these principles. In his time as a well-respected Milwaukee County Circuit Court judge, he exhibited the judicial virtues of humility, honesty and impartiality that are essential to equal justice and the rule of law. His qualifications for the Seventh Circuit are outstanding, which is why the American Bar Association gives his nomination a unanimous rating of “well-qualified” — the highest rating a nominated judge can receive.
Each of us has had the honor to serve as the United States Attorney, or as a supervising attorney, for either the Eastern or Western federal districts of Wisconsin. As former attorneys for the United States in both civil and criminal matters, we know first-hand how important it is to have judges who are experienced, intelligent and fair, presiding over the various legal matters that come before them. When these qualities are absent, the judicial process fails. A judge’s arbitrary decision can undermine an accused’s rights or leave crime victims without a voice. Businesses can be lost and lives can be ruined if a judge fails to competently apply the law or relies on a preconceived notion of what is “right” in a particular case. Simply put, bad judges erode the public’s respect for the law and our judicial system.
Our staff appeared before the Seventh Circuit Court of Appeals many times during our tenures with the U.S. Attorneys Office, and we have considerable respect for the men and women now on that bench. But they are shorthanded. The federal appellate court seat that Judge Brennan has been nominated to fill has been vacant longer than any other in the country. And of all the federal judicial nominees pending confirmation, Judge Brennan’s nomination has been waiting the longest.
This isn’t right, nor is it fair to the people of Wisconsin. The Seventh Circuit is the second highest court in the land, and its decisions affect every citizen in this state. Illinois can boast of six Seventh Circuit judges hearing cases that affect Wisconsin; Indiana has four. Wisconsin has only one judge currently sitting on the Seventh Circuit. The time has come to give Wisconsin stronger representation on the court.
Politics should not get in the way of giving the people of Wisconsin the voice they deserve. Moving speedily to confirm Mike Brennan’s appointment to the Seventh Circuit Court of Appeals would be an excellent start.
This commentary was submitted by Steven M. Biskupic, J.B. Van Hollen, Kevin C. Potter and Patrick J. Fiedler, all former U.S. attorneys, and by Daniel P. Bach, who is a former supervising assistant U.S. attorney.