Manshardt

I. FACTS AND PROCEEDINGS

The Federal Judicial Qualifications Committee was formed in March 2001 by Democratic Party Senators Diane Feinstein and Barbara Boxer, in conjunction with Gerald Parsky, a pri- vate businessman and member of the Republican Party. The Committee, which is responsible for recommending to the President nominations for federal district court judges and United States Attorneys in California,1 was established pursu- 1 The parties dispute the precise role played by the Committee in the screening and recommendation of candidates for United States Attorney. Manshardt alleges general involvement by the Committee in this process, while the Senators contend the screening of candidates for United States Attorney is conducted by Parsky and his twelve subcommittee appointees, without any involvement by the Senators’ subcommittee appointees. Because this case comes to us on review of the district court’s judgment of dismissal, we take Manshardt’s allegations as true. See, e.g., Burgert v. Lokelani Bernice Pauahi Bishop Trust, 200 F.3d 661, 663 (9th Cir. 2000). 3336 MANSHARDT v. FEDERAL JUDICIAL QUALIFICATIONS ant to a voluntary agreement between Parsky and Senators…