Judiciary Watch

Obama nominates Latham partner, Abid Qureshi, to D.C. Court

President Obama has nominated Abid Qureshi, global chairman of Latham & Watkins pro bono practice, to the U.S. District Court for the District of Columbia.  According to civil rights groups, Qureshi is the first Muslim-American nominated to the federal courts.  Qureshi graduated cum laude from Harvard Law School in 1997 and has been a partner at Latham & Watkins since 2006, where he specializes in cases involving the False Claims Act, health care fraud, and securities violations.  The fate of Qureshi’s nomination is uncertain, however, because the Senate has not confirmed many of the administration’s judicial nominees this year.

Senate confirms Martinotti to federal bench in New Jersey

The Senate yesterday confirmed Brian R. Martinotti to the District Court in New Jersey by a 92 to 5 vote.  Martinotti has been a Superior Court Judge in Hackensack, NJ since 2002.  Prior to taking the bench he was with Beattie Padovano, LLC in Montvale, NJ since 1987, where his practice focused on defense litigation, including general liability and coverage issues for insurance carriers, self-insured companies, rental, and third-party adjustment companies.  He also represented various towns throughout Bergen County in liability claims and served as Tax Attorney and Public Defender for various towns in New Jersey.

Senate confirms Omaha lawyer to federal bench

The Senate yesterday confirmed Robert F. Rossiter, Jr. to the federal bench in Nebraska by a 90 – 0 vote.  Rossiter has been a partner with Fraser Stryker in Omaha since 1987, where his practice focused on federal litigation of employment matters.  Rossiter is a graduate of Creighton Univ. School of Law and has been an Adjunct Faculty member there since 1999.

Supreme Court deadlock blocks immigration plan

The Supreme Court said today that is was deadlocked in a case challenging President Obama’s immigration plan (United States v. Texas, No. 15-674).  The 4-4 tie left in place a Fifth Circuit Court of Appeals ruling blocking the plan, which by executive action would have allowed millions of immigrants who are the parents of citizens or lawful permanent residents to be spared from deportation and provided with work permits.  In reaction to the ruling, President Obama said it was a reminder of Republicans refusal to consider Hon. Merrick B. Garland’s nomination to the Supreme Court.

Donald Trump names potential Supreme Court nominees

Presumptive Republican presidential candidate Donald Trump released a list of potential Supreme Court nominees, saying he would appoint someone in the mold of former Justice Antonin Scalia.  On Trump’s list are eight men and three women, all white, and all appellate judges at either the federal or state level.

Hon. William Pryor sits on the U.S. Court of Appeals for the 11th Circuit.  Pryor has said that Roe v. Wade was “the worst abomination in the history of constitutional law.”  Hon. Steven Colloton, and Hon. Raymond Gruender sit on the U.S. Court of Appeals for the 8th Circuit.  Both were described as very bright jurists by lawyers interviewed for the Almanac of the Federal Judiciary, with one lawyer also describing them as “stone-age conservatives.” Hon. Thomas Hardiman sits on the 3rd Circuit Court of Appeals and Hon. Raymond Kethledge and Hon. Joan Larsen both sit on the 6th Circuit Court of Appeals.

The five state Supreme Court justices on Mr. Trump’s list are Allison Eid of Colorado, Joan Larsen of Michigan, Thomas Lee of Utah, David Stras of Minnesota and Don Willett of Texas.  Larsen is a former law clerk to Scalia and Lee is the brother of Republican Sen. Mike Lee of Utah. 

Senate confirms Xinis to Maryland court

The Senate yesterday confirmed Paula Xinis, by a 53-34 vote, to the district court in Maryland.  Xinis is a graduate of Yale Law School and clerked for Hon. Diana Gibbon Motz on the 4th Circuit Court of Appeals.  Xinis is a former federal public defender and was most recently a partner with the Baltimore law firm of Murphy, Falcon & Murphy, where she handed complex federal civil rights violations, class actions and mass actions in Maryland and across the U.S.

 

Grassley has breakfast meeting with Garland

Hon. Merrick Garland met with Senator Charles Grassley, Republican chairman of the Senate Judiciary Committee, this morning in the Senate dining room.  Grassley, who has signed a pledge not to move forward on Garland’s nomination, said the purpose of the meeting was for him to explain in person why Senate Republicans are not going to fill the Supreme Court vacancy while President Obama remains in office.  The meeting lasted for about an hour and Grassley in a written statement said it was “cordial and pleasant.”  Garland was also scheduled to with meet with Republicans Lisa Murkowski of Alaska and Pat Toomey of Pennsylvania on Tuesday.

Senate confirms Crenshaw to federal bench in Tennessee

The Senate yesterday, by a 92-0 vote, confirmed Waverly D. Crenshaw, Jr. to the district court for the Middle District of Tennessee.  The vacancy had been declared a judicial emergency due to a heavy caseload.  Crenshaw had the support of both Republican Senators from Tennessee and cleared the Judiciary Committee unanimously, but it took 14 months for the full Senate to give him a hearing.  Crenshaw has been a partner with Waller Lansden Dortch & Davis, LLP in Nashville since 1994.  He is also an active member of the community, having served on the boards of various institutions, including the Boys and Girls Clubs of Middle Tennessee, the Boy Scouts and 100 Black Men of Middle Tennessee.

Republicans hold firm on opposition to confirmation hearing

Senators Jerry Moran of Kansas and Lisa Murkowski of Alaska have withdrawn their support for holding confirmation hearings for Judge Merrick Garland, strengthening Republican opposition to the Supreme Court nomination.  As of early this week, that leaves only two Republicans who openly support holding hearings and perhaps voting on Judge Garland’s nomination: Senators Susan Collins of Maine and Mark S. Kirk of Illinois. Mr. Kirk was the first Republican to meet with Garland last week.  Garland is scheduled to meet with Collins and Sen. John Boozman (R. Arkansas) today.  Chairman of the Senate Judiciary Committee Charles Grassley has extended an invitation to Garland to meet face to face to discuss why Republicans do not intend to hold hearings on his nomination, but no date has been set.

Judicial confirmations stalled in Congress

The current Congress has confirmed a total of 16 judges.  In all of 2015, just 11 judges were confirmed, the fewest since 1960.  There are currently 84 judicial vacancies on the federal courts, with 49 nominations pending. 

Since Republicans took control of the Senate in January 2015, just one federal appeals court vacancy has been filled.  Generally, Senators sign off on nominees for judgeships in their states before the president makes a nomination, but Republicans have recently refused to do so.  President Obama has broken with this tradition and made several nominations to appellate courts, including  Hon. Abdul Kallon, a District Court judge in Alabama, for an 11th Circuit Appeals Court seat that has been vacant since October 2013. Alabama’s Republican senators, Richard C. Shelby and Jeff Sessions, despite having supported Kallon’s nomination to the district court in 2009, have withheld their support.

Other Obama appellate court nominees include: Lisabeth Hughes to the 6th Circuit; Rebecca Ross Haywood to the 3d Circuit; Lucy Koh to the 9th Circuit; Jennifer K. Puhl to the 8th Circuit; and Donald K. Schott and Myra C. Selby to the 7th Circuit.  A spokesman for the President said, “The calendar was running out, and it was time to get moving.  At some point the process just has to get started.”  He said the President is hopeful at least some of the nominations will get through.