Judiciary Watch

Supreme Court to revisit Second Amendment

The Supreme Court has agreed to review a ruling by the U.S. Court of Appeals for the 7th Circuit that upheld a strict gun control law in Chicago (McDonald vs. Chicago).  In 2008, the Court ruled, in a 5-4 vote, that the Second Amendment guarantees an individual right to own guns and use them for purposes such as self-defense in the home.  The ruling prohibited the federal government from imposing certain restrictions on gun ownership, but left open whether the right also applied to state and local gun control laws.   The Court will now decide whether the constitutional right guaranteed by the Second Amendment applies to state and local restrictions on gun ownership.  The Supreme Court begins its new term Monday, October 1.

Ginsburg released from hospital

Justice Ginsburg was released from the hospital Friday morning and was expected back at work in the afternoon.  Ginsburg was kept overnight in Washington Hospital Center after feeling ill in her chambers Thursday afternoon. 

Ginsburg taken to hospital

Supreme Court Justice Ruth Bader Ginsburg was taken to a Washington D.C. hospital yesterday after feeling lightheaded and fatigued.  Earlier in the day shereceived an iron transfusion to treat anemia.  Ginsburg was monitored at the court and found to be stable, but was taken to the hospital as a precaution.

Ginsburg was treated for colon cancer in 1999, and in February of this year was treated for pancreatic cancer.  She didn't miss any public sessions in the course of either treatment.  In July, after a thorough medical evaluation, Ginsburg was found to be in good health except for an iron deficiency.

Judge Larson resigns citing judicial pay

Judge Stephen G. Larson of the Central District of California issued a prepared statement on Sept. 15 announcing his resignation from the federal bench.  Larson cited the failure by Congress to increase judicial pay, which made it impossible for him to support his seven children, all under age 18, on his $169,300 a year salary.

He said, “The costs associated with raising our family are increasing significantly, while our salary remains stagnant and, in terms of purchasing power, is actually declining. The short of it is that I know I must place my family’s interest, particularly the future of my children, ahead of my own fervent desire to remain a federal judge.”

Larson served as a magistrate judge in the Central District from 2000 until 2006 and before joining the bench was an Assistant U.S. Attorney. He was an associate at O'Melveny & Myers from 1989 to 1991.  He is not the first judge to resign citing salary complaints. In 2007, Judge Paul Cassell of the district court in Utah and in 2009, Judge U.W. Clemon, Alabama’s first African-American federal judge, both cited low pay as one of the reasons they were stepping down from the bench.

Chief Judge Audrey Collins said Larson’s resignation was especially troubling given his age.  Larson is 44.  “He's a young, active judge,” she said. “[W]e're having the problem of retaining active judges who are expected to give many more years of service."

Friedman takes senior status, 4th vacancy on district court in District of Columbia

As reported on the Blog of Legal Times, Judge Paul Friedman of the U.S. District Court for the District of Columbia notified the White House that he will take senior status effective Dec. 31, 2009, creating a fourth vacancy on the court.  Friedman said he will not slow down his workload, at least until new judges are in place.

Hon. Gerard Lynch confirmed for Second Circuit

By a 94-3 vote, the Senate confirmed Hon. Gerard Lynch for the 2d U.S. Circuit Court of Appeals, making him the only Obama administration nominee to win confirmation besides Justice Sonia Sotomayor.  Four of the ten filled seats on the 2d Circuit are now held by Democratic appointees.  Lynch was appointed to the U.S. District Court for the Southern District of New York by President Clinton in 2000.  He is a graduate of Columbia Law School, clerked for Supreme Court Justice William J. Brennan, and served in the U.S. Attorney’s Office in the Southern District of New York.  Lynch presided over several high profile cases as a District Judge, including a sexual harassment and retaliation suit against Madison Square Garden and New York Knicks coach Isiah Thomas as well as the trial of hip-hop artist Lil’ Kim.

Lynch received the following praise for his ability, temperament and impartiality from attorneys interviewed for the Almanac of the Federal Judiciary:  “He is absolutely brilliant.  He is one of the smartest judges I have ever appeared before.”  “His temperament is really excellent.  He has the perfect temperament for a federal judge.”  “He is very independent.”

Obama nominates Justice Barbara Milano Keenan to 4th Circuit

President Obama nominated Virginia Supreme Court Justice Barbara Milano Keenan to fill one of five vacancies on the U.S. Court of Appeals for the 4th Circuit.  Keenan is Obama’s eighth nominee to the circuit courts, and second to the 4th Circuit, after Hon. Andre Davis who sits on the U.S. District Court in Maryland. 

Keenan was the first female judge elected in the state of Virginia, winning a seat on the General District Court of Fairfax County in 1980.  Two years later she was elected to the Circuit Court, and in 1985 was the only woman appointed to the Court of Appeals of Virginia upon its creation in 1985.  If confirmed, Keenan will be the first woman from Virginia to sit on the 4th Circuit.

Keenan graduated from Cornell Univ. in 1971 and received a J.D. from George Washington Univ. Law School in 1974.  She also received a Masters in Laws from the Univ. of Virginia Law School in 1992.  Before becoming a judge, Keenan was a prosecutor in Fairfax County for 2 years, and worked in private practice from 1976 to 1980.

Retirement Speculation Swirls Around Justice Stevens

Legal and news websites have been buzzing with speculation that 89-year-old Justice John Paul Stevens may be retiring at the end of the 2009 Supreme Court term.  He has thus far hired only one law clerk for the 2010 term, which may be an early indicator (as it was with Justice Souter earlier this year) that he is considering his exit.  

If Stevens does step down, Judiciary Watch will be on the case with updates on possible successors. In the meantime, here's a roundup of the best web coverage of the story:

A Justice Slows His Hiring, and Some Wonder About His Future [NYT]

A Stevens Step-Down? Clerk Hiring Leading to Speculation [WSJ]

Justice Stevens Hires Just One Clerk for 2010 Term [Washington Post]

Justice Stevens slows his hiring at high court [AP]

Justice Stevens: Exiting Next Year? [Legal Times]

Supreme Court Retirement Watch: Justice Stevens? [Above the Law]

Also available: Aspen's Almanac of the Federal Judiciary contains profiles of Justice Stevens and all of the current Supreme Court Justices.