Judiciary Watch

Senate confirms 2 to federal courts in Kentucky and Texas

The Senate yesterday confirmed Robert E. Wier to the federal bench in the Eastern District of Kentucky by a 95 to 0 vote and Fernando Rodriguez, Jr. to the Southern District of Texas by a 96 to 0 vote. Wier has been a U.S. Magistrate Judge since 2006 and prior to taking the bench was in private practice in Lexington.  Rodriguez was with the Dallas office of Baker Botts from 1998 to 2009.  Prior to taking the bench, he was a Field Office Director for the International Justice Mission in Bolivia and the Dominican Republic, helping to combat sexual abuse of children and sex trafficking.

Senate Judiciary Committee clears 6 nominees on party lines

Yesterday the Senate Judiciary Committee voted six judicial nominees out of committee along party lines.  Two of the nominees, Andrew Oldham for the 5th Circuit Court of Appeals and Wendy Vitter for the Eastern District of Louisiana, faced controversy in part because of their views on Brown v. Board of Education.  Vitter, currently general counsel of the Roman Catholic Archdiocese of New Orleans, has also raised concerns over statements about birth control and abortion. Oldham faced questions from committee Democrats about his positions on immigration and abortion as well as a 2016 speech in which he called the Internal Revenue Service and the Environmental Protection Agency “fundamentally illegitimate” and “enraging.”

The Leadership Conference on Civil and Human Rights vowed to continue opposing some nominees, saying “Wendy Vitter, Andrew Oldham and Michael Truncale all have records that reflect a hostility to civil and human rights. They’re not capable of serving as fair-minded jurists.”  Sen. Mitch McConnell said earlier this month that he hopes to confirm every judge out of committee by the end of the year.  Senate Judiciary chairman Chuck Grassley said the committee plans to “process” at least five district court nominees, and one circuit court pick “every other Wednesday between now and Christmas.”

Senate confirms 4 more to circuit courts

The Senate this week confirmed four more of President Trump’s appellate court nominees.  Hon. Amy J. St. Eve, currently a district judge for the Northern District of Illinois, was confirmed to the 7th Circuit Court of Appeals by a 91 to 0 vote.  John B. Nalbandian, a Cincinnati lawyer, was confirmed to the 6th Circuit Court of Appeals by a 53 to 45 vote. Joel M. Carson, a New Mexico lawyer, was confirmed to the 10th Circuit Court of Appeals by a 77 to 21 vote. Michael Y. Scudder, Skadden Arps partner, was confirmed to the 7th Circuit Court of Appeals by a 90 to 0 vote.

Senate elevates U.S. District Judge Kurt D. Engelhardt to 5th Circuit

The Senate yesterday confirmed Hon. Kurt D. Engelhardt to the U.S. Court of Appeals for the 5th Circuit by a 62-34 vote.  Engelhardt was appointed to the federal court for the Eastern District of Louisiana in 2001 by President George W. Bush.  Lawyers interviewed for the Almanac of the Federal Judiciary described him as “super super smart and thorough,” “extremely accessible,” and “brisk.”  One lawyer said, “He has had very difficult cases and he’d be great on the 5th Circuit; I give him real high marks.”

Conservative lawyer, Stuart Kyle Duncan, confirmed to 5th Circuit

The Senate yesterday confirmed Stuart Kyle Duncan, by a 50 to 47 vote, to the U.S. Court of Appeals for the Fifth Circuit.  Duncan is a former Appellate Chief for the Louisiana Office of the Attorney General and was an Associate Professor at Mississippi School of Law.  In private practice, he focused on appellate litigation and on issues of federal constitutional and statutory law, typically representing state government entities and officials. Duncan served as lead counsel for Hobby Lobby Stores in their suit seeking an injunction against enforcement of a federal mandate requiring their insurance to cover all FDA-approved contraceptive methods. 

Senate confirms Lexington lawyer to Kentucky courts

The Senate yesterday voted 96 to 1 to confirm Claria Horn Boom to the federal bench in the Eastern and Western Districts of Kentucky.  Boom is a 1994 graduate of Vanderbilt Law School and a former U.S. Attorney in Kentucky.  She has been a member of the Lexington firm Frost Brown Tood LLC since 2006, where her practice included representing various banks in commercial lending transactions, complicated workouts, and other corporate and regulatory matters.  She also represented various businesses, pipeline companies, and insurance companies in transactional matters. 

Senate confirms Doughty to federal bench in Louisiana

By a unanimous vote, the Senate confirmed Terry A. Doughty to the U.S. District Court for the Western District of Louisiana.  Doughty is a former Assistant District Attorney in Rayville, LA and has been a judge in Louisiana’s Fifth Judicial District since 2009.By a unanimous vote, the Senate confirmed Terry A. Doughty to the U.S. District Court for the Western District of Louisiana.  Doughty is a former Assistant District Attorney in Rayville, LA and has been a judge in Louisiana’s Fifth Judicial District since 2009.

Self and Scholer confirmed to federal district courts in Georgia and Texas

The Senate yesterday confirmed Tilman Eugene Self, III to the U.S. District Court for the Middle District of Georgia and Karen Gren Scholer to the Northern District of Texas.  Self sat on the Superior Court of Georgia from 2007 to 2016, and has been a judge for the Georgia Court of Appeals since 2017.  Prior to taking the bench he was in private practice in Macon.  Scholer comes to the bench from private practice in Dallas and was also an arbitrator and mediator with the American Arbitration Association.  She was previously a state court district judge and a justice on the Texas Court of Appeals.

Senate confirms Greenville lawyer Quattlebaum to federal bench

The Senate, by a 69 to 28 vote, confirmed Arthur M. Quattlebaum, Jr. to the District Court for South Carolina.  Quattlebaum has been a partner with Nelson Mullins Riley & Scarborough, LLP in Greenville, SC since 1997, where the majority of his practice was the defense of product liability actions with an emphasis on representing tire manufacturers.

Senate confirms Georgia judge to 11th Circuit Court of Appeals

The Senate yesterday confirmed Elizabeth Lee Branch to the Eleventh Circuit Court of Appeals by a 73 to 23 vote.  Prior to taking the bench, Branch was in private practice with the Atlanta firm Smith, Gambrell & Russell, where her focus was primarily on commercial litigation.  Most recently, from 2012 to 2018, Branch was a judge on the Georgia Court of Appeals.