Judiciary Watch

Judge Richard A. Posner retires after more than 35 years on the bench

Hon. Richard A. Posner retired from the bench last week.  He explained his sudden departure after almost 36 years on the U.S. Court of Appeals for the 7th Circuit to the New York Times.  He said, “About six months ago I awoke from a slumber of 35 years.” He said he was looking “forward to continuing to teach and publish, with a particular focus on justice reform,” including bringing attention and aid to people too poor to afford lawyers. Chief Judge Diane P. Wood said of Posner, “For more than 50 years, Judge Posner has been one of the leading public intellectuals in the United States – indeed the world.”

Senate confirms Timothy Kelly to federal bench in D.C.

The Senate this week confirmed Timothy J. Kelly to the district court in the District of Columbia by a 94 to 2 vote.  Kelly is a 1997 graduate of Georgetown Univ. Law Center and a former Assistant U.S. Attorney.  Since 2013, he has worked for Sen. Charles E. Grassley, advising him on national security, crime, and drug control and prevention issues, among other duties.

Senate confirms Kentucky lawyer to 6th Circuit Court of Appeals

The Senate, by a 51 to 47 vote, last week confirmed John K. Bush to the United States Court of Appeals for the Sixth Circuit.  Bush is a 1989 graduate of Harvard Law School and clerked for Hon. J. Smith Henley of the U.S. Court of Appeals for the 8th Circuit.  He has been in private practice with Bingham Greenebaum Doll LLP in Louisville, KY since 1996, focusing primarily on appellate law and representing clients before federal courts of appeals, state supreme courts, and the U.S. Supreme Court.

Senate confirms Nye to federal bench in Idaho

The senate last week, by a unanimous vote, confirmed Hon. David C. Nye to the district court in Idaho.  Nye has been a judge in Idaho’s Sixth District since 2007.  Prior to taking the bench, he was in private practice with Merrill & Merrill, with a focus on insurance defense work.  Nye is a graduate of Brigham Young Univ and the J. Reuben Clark School of Law.

4th Circuit upholds block on travel ban

The 4th Circuit Court of Appeals today ruled 10 to 3 to uphold a lower court ruling blocking the Trump Administration’s revised travel ban.  Writing for the majority, Hon. Roger Gregory said, “We find that the reasonable observer would likely conclude that EO-2’s primary purpose is to exclude persons from the United States on the basis of their religious beliefs.” The case is likely to go to the Supreme Court. 

Trump set to announce 10 court nominees

This week President Trump is expected announce 10 nominees to fill more than 120 vacancies on the federal courts.  The list includes two judges serving on state supreme courts:  Hon. Joan L. Larsen, who clerked for Justice Scalia, to the Sixth Circuit; and Hon. David R. Stras, a former clerk to Justice Thomas, to the Eighth Circuit.  Hon. Amul R. Thapar, a U.S. District Judge in Kentucky, has been nominated to the Sixth Circuit Court of Appeals.

Also among the expected nominees:  Amy Coney Barrett, a Notre Dame law professor, to the Seventh Circuit; John K. Bush, a lawyer in Louisville, Ky, to the Sixth Circuit; Kevin C. Newsom, a lawyer in Birmingham, Ala. and former clerk to Justice Souter, to the 11th Circuit; Dabney L. Friedrich, U.S.D.C., D.C.; U.S. Magistrate Judge Terry F. Moorer, to the U.S.D.C., M.D. Ala.; David C. Nye, a state judge, to the U.S. district court in Idaho; and Scott L. Palk to the federal district court in Oklahoma City.

Judge block Trump's sanctuary city order

Hon. William H. Orrick, N.D. California, issued a temporary injunction on Tuesday blocking President Trump’s executive order seeking to hold back billions of dollars in federal funding from cities that limit their cooperation with immigration enforcement, or sanctuary cities.  The ruling applies nationwide, until a broader ruling on the underlying constitutional issues can be made.  Orrick found that only Congress has the power to place these conditions on spending.  Trump responded to the ruling by tweeting “See you in the Supreme Court!”  The ruling would first have to be appealed to the 9th Circuit Court of Appeals before it could be brought before the Supreme Court. 

Orrick was appointed to the bench in 2013 by President Obama.  He is a graduate of Yale Univ. and Boston College School of Law.  Prior to taking the bench, Orrick was in private practice in San Francisco and a Deputy Assistant Attorney General.  Lawyers interviewed for the Almanac of the Federal Judiciary said Orrick “has excellent legal ability” and that his political proclivities do not “affect his position on the bench.”

Gorsuch confirmed to Supreme Court

The Senate today confirmed Hon. Neil M. Gorsuch to the U.S. Supreme Court, to succeed Justice Antonin Scalia, who died over a year ago.  The vote was 54-45 in favor of confirmation, with three Democrats joining Republicans.

Senate Republicans deploy nuclear option, ending Gorsuch filibuster

Senate Republicans today changed Senate rules, clearing the way for the confirmation of Hon. Neil M. Gorsuch to the U.S. Supreme Court.  After a 55-45 vote failed to end a Democratic filibuster, Republicans used the “nuclear option,” allowing the nomination to move forward with a simple majority vote.  Parties on both sides of the aisle expressed concern that this rule change will lead to more partisan, ideological judges in the future.  In 2013 Democrats changed the rules as applied to lower courts and other government positions, but left the filibuster in place for Supreme Court nominees.  It is expected Gorsuch will be confirmed tomorrow.

Judiciary Committee advances Gorsuch nomination in party-line vote

The Senate Judiciary Committee yesterday advanced the nomination of Hon. Neil M. Gorsuch to the U.S. Supreme Court along party lines, with Republicans vowing to have him confirmed by week’s end.  Sen. Orrin G. Hatch (R. Utah) said that if they must change the rules to overcome a promised filibuster by Democrats it’s because there is “no alternative.”  Under current rules, Republicans need 60 votes to break a filibuster, which would require eight Democrats to join the Republicans.  Thus far, only four Democrats have announced support for an up and down vote.  Sen. Lindsay Graham (R. S.Car.) said, “This is going to haunt the Senate, it’s going to change the judiciary, and it’s so unnecessary.”