The Butler Didn't Do It

Todd Butler has now posted his questionnaire for the Senate Judiciary Committee. Here is the chronology Butler offers for his nomination:

On June 29, 2026, Senator Roger Wicker contacted me about a potential vacancy on the United States Court of Appeals for the Fifth Circuit. I spoke with Senator Cindy Hyde-Smith the following day. On July 1, 2026, an official from the White House Counsel’s Office contacted me to arrange an interview. On July 13, 2026, I interviewed with officials from the White House Counsel’s Office. Following my interview, I received periodic updates from Senator Wicker about the process. On October I, 2026, President Trump called to inform me that he planned to nominate me for a position on the United States Court of Appeals for the Fifth Circuit.

There is a very relevant date missing here. On September 28, 2026, Judge Southwick publicly announced that he would take senior status. Yet three months earlier, Senator Wicker contacted Butler about the potential vacancy.

As I said from the outset, the fix was in. There was some sort of deal involving Wicker, Southwick, and the White House. I’m sure this interview was pro forma. and doubt any other candidates were interviewed. Judge Southwick could have announced his intentions at any time in August or early September, but he waited until the last possible moment to jam up the process, and ensure Butler would not go down. I do hope at least one Senator asks Butler if he is aware of any communications in which Judge Southwick, directly or indirectly, conditioned his willingness to take senior status if Butler is the nominee.

As for the rest of the SJQ, let’s just say Butler’s pantry is bare. Or, the Butler didn’t do it.

Butler went to law school between 2005 and 2008, but he wasn’t a member of the Federalist Society. That makes sense, as he wrote critically of Justice Scalia, originalism, and the Second Amendment. He wasn’t a member while he clerked. Indeed, he didn’t become a member of the Federalist Society until 2016. I suspect lots of people joined before or after Trump’s victory. It would help with career prospects. He has never held any leadership positions in FedSoc. But rest assured that he was active in the Inn of Court and the Mississippi Bar, holding several leadership positions.

Butler has extensive experience in employment law. In addition to the publications I flagged, Butler speaks and writes often about the EEOC, FLSA, and related topics of municipal law. His only professional exposure to constitutional law involves defendant local officials who are sued for violating First Amendment rights. After Olivier v. City of Brandon, his most significant case was as defense counsel in a wrongful death case. He taught at the Mississippi College of Law “periodic[ally]” between 2008 and 2016 but does not recall which semesters he taught. He also does not have copies of the syllabi.

Here is how Butler describes his pro bono work:

Over the course of my career, I have accepted pro bono clients, typically through the Mission First Legal Aid Clinic or the Mississippi Volunteers Lawyers Project. I have assisted with adoptions, child visitation matters, and other domestic issues. I also have provided pro bono services to a local church, including contract review and procedure drafting, in connection with the operation of a faith-based children’s center. I advised a local pastor on a land acquisition that he is considering using for a fellowship facility. And I have volunteered, along with others at my law firm, at Stewpot Community Services, where we served meals to people experiencing homelessness.

There is no pro bono work that would remotely be associated with the conservative legal movement. And no, working for a church does not necessarily make a person conservative.

If I were to show you this questionnaire, without any knowledge of Mississippi politics, would you possibly think this was a viable record for the Fifth Circuit? No.

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