Failed Nomination To The Fifth Circuit
After Treen's defeat for governor, President Reagan nominated him on July 22, 1987 for a seat on the United States Court of Appeals for the Fifth Circuit in New Orleans created by the death of veteran Judge Albert Tate, Jr. However, the appointment was delayed by Democratic senators on the U.S. Senate Judiciary Committee who objected to Treen's past membership in the States' Rights Party and also to other unsubstantiated allegations. Treen withdrew his name from consideration in late April 1988, saying that he "could not afford to defer my professional and business activities" any longer, and that "some persons on the Democrat-controlled committee would just as soon see the vacancy go unfilled until after the election....in the hope that a Democrat will succeed to the White House." However, the Senate wound up confirming Reagan's second choice, attorney John Malcolm Duhé, Jr., a New Iberia, later Lafayette, lawyer, who was the son-in-law of New Orleans Congressman F. Edward Hebert and former law partner of retired 3rd District Congressman Patrick T. Caffery. Another of Congressman Caffery's former law partners, Eugene Davis, was named to the federal bench in 1976 by President Gerald Ford and now sits on the 5th Circuit Court of Appeals in New Orleans, where Duhé had served.
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