Although Stephanos Bibas was confirmed by the Senate a week ago, as best I can tell he still hasn’t taken the oath and received his commission. That is, he’s not a judge yet.
I don’t know the reason for the delay, but I don’t think it means anything. I do believe it’s getting to be longer than is typical, though. Allison Eid was confirmed for a Tenth Circuit judgeship the same day as Bibas, and she got her commission the next day. And the last new Third Circuit judge, Judge Restrepo, received his commission two days after his confirmation.
Anyway, anxious Bibas fans can occupy themselves in the meantime by reading over his Judiciary Committee questionnaire, which now is available at this link. Looking back over it today I was reminded how jaw-droppingly prolific he has been. His list of publications and presentations runs over 40 single-spaced pages! It’s astounding.
For Third Circuit nerds, his questionnaire contains a few nuggets:
- Bibas was admitted to practice in the Third Circuit only this year. By contrast, he’s been admitted to practice for for 5 years or more in 5 other circuits.
- he signed a letter in support of Judge Krause’s nomination (among numerous others)
- the first time his name was mentioned as a possible Trump nominee for the Third Circuit (Orin Kerr’s tweet in response to my post), April 17, was a month and a half after Bibas was first contacted by the Trump administration and a month after his interviews with the White House and DOJ and with Senator Toomey.
Once I hear the big news, rest assured I’ll post it here.