A number of months ago, in a seemingly beside-the-point news story, President Barack Obama quietly removed District Judge Robert Chatigny—currently of the District of Connecticut—from the list of nominees to the U.S. Court of Appeals for the Second Circuit.1

As with many presidential nominations that are withdrawn during the Senate confirmation process, it seemed as though party politics was at play. After all, Judge Chatigny has enjoyed a distinguished career, both in private practice and as a district court judge. But it appears that his opinions in an extremely high-profile death penalty case may have cost him the promotion.2

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