Fordham Law alumnus John P. Collins ’13, a visiting professor at George Washington University School of Law, was quoted in a Law.com article that examines the recent announcement from Judge Gregg Costa to step down from a lifetime appointment to the bench.
Judge Gregg Costa announced his intent to resign from the U.S. Court of Appeals for the Fifth Circuit in August, according to the Administrative Office of the Courts’ website.
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The reason behind his resignation is unclear, but George Washington University Law School Visiting Associate Professor John P. Collins said it’s rare for federal appeals court judges to step down from a lifetime appointment. Over the last few decades, four circuit court judges have done so, Collins said. The most recent was Judge Robert Henry of the Tenth Circuit, who resigned in 2010 to become president of Oklahoma City University, a position he held until 2018.
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Collins said it’s important the president and Senate fill the vacancy quickly, given there is a set end date to Costa’s time on the bench. Costa occupies a Texas seat on the Fifth Circuit, and help during the nomination process from Republican home-state senators Ted Cruz and John Cornyn is unlikely, Collins said. Consent from the Texas lawmakers on nominees isn’t needed to move forward, however, since the Senate Judiciary Committee is ignoring the blue-slip process for circuit court picks.