This Essay thus scrutinizes Obama’s judicial selection effort, which confirms many ideas that Scherer espouses while showing how political deficiencies in the modern selection process erode diversity and legitimacy, and perhaps Scherer’s provocative solution. This response ultimately discusses some promising measures beyond Scherer’s recommendation that could enhance diversity and legitimacy in light of the threat that politicization poses
Carl Tobias, Justifying Diversity in the Federal Judiciary, 106 Nw. U. L. Rev. Colloquy 283 (2012).