Legal History / Judicial History,
Constitutional Law
Oct. 7, 2025
Not taking it to the max
The history of California's judicial confirmation process reveals that long before the famous 1982 "Duke Nukem" deadlock, the 1940 rejection of eminent scholar Max Radin by the Commission on Judicial Qualifications marked an unprecedented and politically charged failure to confirm a gubernatorial nominee.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law, and member of the California and American Academies of Appellate Lawyers, in Manatt's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Two columns ago, this space described the Commission on Judicial Appointments (COJA), which convenes public hearings to confirm Gubernatorial appellate nominees. These hearings are typically joyous celebrations with foregone confirmations. Last month's column described a notable exception from roughly 42 years ago: the December 1982 "Duke Nukem" COJA hearing, where an unusual two-me...
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