Judiciary Watch

Chin, Vanaskie confirmed to appellate courts

The Senate has confirmed two more of President Obama’s federal appellate court nominees.  Hon. Denny Chin was confirmed to the 2d Circuit U.S. Court of Appeals, and Hon. Thomas I. Vanaskie was confirmed to the 3d Circuit U.S. Court of Appeals.

Chin was appointed to the U.S. District Court for the Southern District of New York in 1994 by President Clinton.  He graduated cum laude from Princeton Univ. and received his J.D. from Fordham Univ. School of Law in 1978.  Prior to taking the bench, Chin was a partner with Vladeck, Waldman, Elias & Engelhard where he specialized in employment discrimination and litigation.  Chin clerked for Hon. Henry F. Werker, in the Southern District of New York from 1978-80, and served as an Assistant U.S. Attorney from 1982-86.  Lawyers interviewed for the Almanac of the Federal Judiciary gave favorable reviews of Judge Chin. "He is very hard working. He is a judge's judge. He issues a lot of good decisions." "He is well-tempered. He is well-spoken. I would rate his judicial temperament very high." "He gives you an exceedingly fair trial."

Vanaskie was appointed to the U.S. District Court for the Middle District of Pennsylvania by President Clinton in 1994.  He graduated cum laude from Dickinson School of Law in 1978 and clerked for Hon. William J. Nealon in the Middle District of Pennsylvania from 1978-80.  Prior to taking the bench, Vanaskie was in private practice in Scranton, PA for 14 years, concentrating on complex contract, commercial, environmental, employment and product liability litigation..  Lawyers interviewed for the Almanac of the Federal Judiciary gave Vanaskie high marks across the board.  "He is one of the best judges in the district. He has excellent legal ability. He knows the law backward and forward." "He is a brilliant guy who likes the intellectual challenge of the job. He engages lawyers in legal talk. He likes it." "His demeanor is the best. It is a treat to be in his courtroom." "He has the perfect demeanor for the bench." "Lawyers get to do their job if they conduct themselves properly. Trials are well run. It is a lawyer friendly environment. He is an excellent judge."

 

Hon. Ann Williams on Obama Supreme Court Short list

White House sources have said that Hon. Ann Williams is among ten candidates being considered by the Obama administration to replace Justice John Paul Stevens on the U.S. Supreme Court.  Williams currently sits on the 7th Circuit U.S. Court of Appeals.

Born 1949
Education Wayne State Univ., B.S., 1970; Univ. of Michigan, M.A., 1972; Univ of Notre Dame, J.D., 1975
ClerkshipsLaw Clerk, Hon. Robert A. Sprecher, 7th Circuit U.S. Court of Appeals, 1975-76
Government Positions Assistant U.S. Attorney, N.D. Ill., 1976-85 (Attorney, 1976-80; Deputy Chief, Criminal Receiving and Appellate Unit, 1980-83; Chief, Organized Crime Drug Enforcement Task Force, North Central Region, 1983-85)
Previous Judicial Positions District Judge, U.S.D.C., N.D. Ill., 1985-99 (Appointed by President Reagan)
Professional Associations Secretary, Board of Trustees, Univ. of Notre Dame; Founder, Fellowship Program/Board Member, Equal Justice Works; Founder, Former President, and Chair of Judicial Advisory Committee, Just The Beginning Foundation; Founder and Member, Black Women Lawyers Assn.; Lecturer and Team Leader, Lawyers Without Borders; Member, Delta Sigma Theta Sorority
Judicial Committees & Activities Member, U.S. Supreme Court Fellows Program Commission, 2005-present; Board Member, Court Administration and Case Management Committee, Judicial Conference of the U.S., 1993-present; Member, Judicial Council of the Seventh Circuit, 1999-present; Board Member, Federal Judges Assn., 1993-present; Lecturer, Kenyan Judicial Colloquium, 2006-08; Program Director, Kenyan Women's Advocacy Program, 2007-08; Team Leader, Liberian Trial Advocacy Program, 2007; Lecturer, Ghanaian Judiciary, 2002-03, 2008; Faculty Member, Trial and Appellate Advocacy Training Programs, International Criminal Tribunal for Rwanda, the former Yugoslavia, 2004-06; Founder and Lecturer, Minority Legal Education Resources, Inc., 1985-present
Honors & Awards Margaret Brent Women Lawyers of Achievement Award, A.B.A., 2008; Unity Award, Filipino American Bar Assn./John Marshall Law School, 2008; Arabella Babb Mansfield Award, National Assn. of Women Lawyers, 2005; Chicago's 100 Most Influential and Powerful Women, Crain's Magazine -Chicago Sun-Times, 2004; Women Making History Award, National Council of Negro Women, 2000
Noteworthy Rulings Hamm v. Weyauwega Milk Products Inc., 332 F.3d 1058 (7th Cir. 2003): Williams, writing for the panel, held that comments by fellow workers to a male employee in an all-male workplace that both speculate about his sexual orientation and suggest dissatisfaction with his job performance do not constitute harassment "because of" sex within the meaning of Title VII of the 1964 Civil Rights Act.
    Doe v. Smith, 470 F. 3d 331 (7th Cir. 2006): Writing for the court, Williams held that a public school student's § 1983 claims against the pubic school dean were not preempted by Title IX of the 1972 Education Amendments and Title VI of the 1964 Civil Rights Act but that those two laws did preempt the student's § 1983 claims against the school district and school officials.
Miscellany Williams is the first black woman appointed to the federal bench by President Reagan and the first black woman appointed to the Northern District of Illinois.

Lawyers' Evaluation Williams is a bright judge, according to lawyers interviewed for the Almanac of the Federal Judiciary. "Judge Williams is perceived as the upcoming star of the circuit. She is extremely smart and savvy as to the law and its application." "She is very smart. She has a superb working knowledge of the law." "Her legal ability is excellent. She has a great mind and is a great judge."  "Her courtroom demeanor could not be any better. She respects everyone and is excellent with lawyers." "Her demeanor is not as solicitous as some others, but she has no quirks or things to watch out for. Do your job and she will do hers." "Her demeanor is perfect. She gets along with lawyers." "She is courteous. She gets along famously with lawyers. She tells it like it is." "Her courtroom demeanor is usually good. She is good with lawyers. She is all business, but she is sometimes moody. Sometimes she is terse and sometimes friendly." "She has an excellent courtroom demeanor. She always gets along well with lawyers."  "Her questions are very insightful. She takes the lead at times on the panel." "Her questions are pointed and record-based. If she asks, you had better answer. Her questions are factual. She chooses the right place to be active." "Be prepared because she will be. Her questions run the whole gamut. She goes where she has to go to get the truth." "I regard her as liberal, more open minded to things." "She has no leanings. She is a good judge who constantly tries to be fair." "She doesn't have a bias. In criminal matters, she will sometimes ask about the background of a defendant to try and get a feel for extenuating circumstances." "She is liberal." "She will force the prosecution to make their case. She has taken on the government in high profile cases." "She doesn't have any leanings. She helps to offset some of the ultra-conservatives we have on the circuit. She brings a different perspective to the bench."

Obama meets with Senate leaders to discuss Supreme Court nominee

President Obama met with congressional leaders from both parties today to discuss his selection to replace Justice John Paul Stevens when he steps down from the U.S. Supreme Court at the end of the current term.  While he did not discuss any specific nominee, Obama did say his decision would be announced by the end of May to allow enough time for the nominee to be confirmed before the Court’s next term opens in October.

In response to a question about abortion rights from a reporter Obama said, “I don’t have litmus tests around any of these issues, but I will say that I want somebody who is going to be interpreting our Constitution in a way that takes into account individual rights and that includes women’s rights and that is going to be something that is very important to me.”

Among the Senators invited to the meeting were Sen. Harry M. Reid, D. Nev, the majority leader, Sen. Mitch McConnell. R. Ky., the minority leader, Sen. Patrick J. Leahy, D. Vt., the Judiciary Committee chairman, and Sen. Jeff Sessions, R. Al., ranking Republican on the Judiciary committee. After the meeting, the Republican Senators issued a statement promising to “treat the President’s nominee fairly.”

Liu faces tough questions at committee hearing

Goodwin Liu, Obama’s nominee for the 9th Circuit U.S. Court of Appeals, faced tough questioning by Republican Senators last week during his testimony before the Senate Judiciary committee.  Republican Senators were critical of Liu for failing to provide complete documentation in his Committee Questionnaire and cited concern over his lack of experience.

Liu, 39, is a professor and associate dean at Univ. of California, Berkeley, and has a long paper trail of writings on constitutional law and other subjects. Sen. Jeff Sessions, R. Ala., said that Liu’s writings "represent, I think, the very vanguard of what I would call intellectual judicial activism."  Liu countered the criticism, saying "Whatever I may have written in the books and the articles would have no bearing on my action as a judge." Several Senators focused on Liu’s testimony against the nomination of Justice Alito in 2006.  Sen. Jon Kyl, R. Ariz., said that Liu’s testimony was "not temperate language. I see it as vicious, emotionally and racially charged, intemperate and calls into question your ability to approach positions in a fair and judicious way."

Senate Democrats defended Liu, who received the A.B.A.’s highest rating, saying that Republicans were applying a double standard.  Liu is likely to win the backing of the committee along party lines, but Sessions, the ranking Republican on the Judiciary Committee, suggested to reporters he could not rule out a filibuster.  Many liberals see the Liu nomination as a test case for this summer’s battle over the next Supreme Court Justice.

Hon. Diane Wood, on Supreme Court nominee short list

Hon. Diane Wood is on the short list of nominees to replace Justice Stevens on the U.S. Supreme Court.  Wood was appointed to the 7th Circuit Court of Appeals in 1995 by President Clinton.  Prior to taking the bench, she was Deputy Assistant Attorney General, Antitrust Division.  Wood received her law degree from the Univ. of Texas Law School in 1975. She clerked for Hon. Irving L. Goldberg at the 5th Circuit Court of Appeals, and Justice Harry A. Blackmun of the U.S. Supreme Court.  Wood was also a professor and Associate Dean at the Univ. of Chicago Law School from 1981 to 1985.

Lawyers interviewed for the Almanac of the Federal Judiciary said the following about Judge Wood:  "She has an outstanding legal mind. She has worked hard to become a talented circuit judge. She is genuinely interested in the case. She knows the case law. She has a good future ahead of her." "She is extremely smart and brings a breath of fresh air to the circuit. She brings another perspective to her job."  "She has the perfect courtroom demeanor." "Her demeanor is always good. She gets along fine with lawyers. She is quiet and has no idiosyncrasies." "She is courteous and respectful to all parties. She gets along especially well with lawyers. She does not like it when an attorney attacks his or her opponent. She appreciates civility in the courtroom." "She appears arrogant, but that is not the case. There is very little emotion or passion visible, but she truly cares. She is a technical judge, but a nice lady also."  "She is a harder questioner than some others. Answer the question and move on. She asks because she is curious. Follow the record and know it, because she will know it backwards and forwards. Her questions may be hypothetical. She is active in her questioning and very academic on the bench." "She mixes factual and hypothetical well, and is active in oral argument. She is bright and articulate and is a welcome addition to the circuit." "She is forceful and factual during questioning. She does not hide her feelings. She is very active on any panel."

Noteworthy rulings:
National Organization for Women v. Scheidler, 267 F.3d 687 (7th Cir. 2001): A jury found that defendants or associates of an anti-abortion activist organization, committed violations of the Hobbs Act, violated state extortion law, and committed acts or threats of physical violence. The jury awarded damages, and the district court entered a permanent, nationwide injunction prohibiting the defendants from interfering with the rights of the class clinics to provide abortion services.

National Organization for Women v. Scheidler, 1999 U.S. Dist. LEXIS 11980, at 6 (N.D. Ill. July 16, 1999). Wood, writing for the panel, affirmed holding that the district court correctly concluded that the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-68 authorized private plaintiffs to seek injunctive relief; adequately ensured that the jury's verdict was not based on activities protected by the First Amendment and concluded that the jurors followed their instructions and that nothing on the special verdict form misled or confused them or caused them to ignore their instructions; and found that the injunction, challenged as vague and overbroad, struck the proper balance and avoided the risk of curtailing protected activities. The Supreme Court reversed. 537 U.S. 393 (2003).

Bloch v. Frischholz, 533 F.3d 562 (7th Cir. 2008), reh'g en banc granted (Oct. 30, 2008): The panel majority held that a condominium association rule prohibiting objects outside of owners' doors was facially neutral, and that the Fair Housing Act does not require a religious accommodation for those of Jewish faith wishing to put mezuzot on their doorposts. Wood, dissenting, would have found that there was ample evidence in the record to demonstrate that the facially neutral rule was being interpreted in an intentionally discriminatory way, and the prohibition of mezuzot would constitute a constructive eviction of observant Jews. Thus, the plaintiffs advanced a cognizable claim under the Fair Housing Act and were entitled to proceed to trial.

Vijay C. Gandhi sworn in as U.S. Magistrate Judge

Vijay C. Gandhi was sworn in as a federal magistrate judge in the Central District of California, making him only the second Indian-American federal judge ever appointed.  After graduating from the Univ. of Southern California Law School in 1997, Gandhi clerked for U.S. District Judge Kenneth M. Hoyt of the Southern District of Texas.  He was a partner with Paul, Hastings, Janofsky and Walker, specializing in business law and class actions.  Gandhi sat on the Board of Directors of the Association of Business Trial Lawyers.

Obama to choose nominee in coming weeks

President Obama told reporters that he would move quickly to name Stevens’ replacement.  He said that while he “cannot replace Justice Stevens' experience or wisdom,” he will in the coming weeks seek someone “with similar qualities — an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law, and a keen understanding of how the law affects the daily lives of the American people.”

White House sources have said the president has had a short list of several potential nominees ready since long before Stevens’ announcement.  Among them are 7th Circuit Appeals Court Judge Diane Wood, Solicitor General Elena Kagan, and D.C. Circuit Appeals Court Judge Merrick Garland.  Other possible contenders are State Department legal adviser Harold Koh, Michigan Governor Jennifer Granholm, and Massachusetts Governor Deval Patrick.

Solicitor General Elena Kagan possible Supreme Court nominee

Kagan has been the subject of specualtion that she might be nominated to the Supreme Court since Justice Souter retired last year, with some predicting that Obama would like to nominate someone who has never been a judge.  Following is a brief bio:

Born 1960
Education Princeton Univ., A.B., summa cum laude, 1981, History; Worcester College, Oxford M. Phil., 1983; Harvard Law School, J.D., 1986
Private Practice Associate, Williams & Connolly
Clerkships Law Clerk, Hon. Abner Mikva, U.S. Court of Appeals for the D.C. Circuit, 1986-87; Law Clerk, Justice Thurgood Marshall, U.S. Supreme Court, 1987-88
Government Positions Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council, 1997-99; Associate Counsel to the President, 1995-96; Solicitor General of the United States, 2009-present
Academic Positions Professor of Law, Univ. of Chicago Law School, 1995-97; Dean, Harvard Law School, 2003-09
Honors and Awards Named one of The 50 Most Influential Women Lawyers in America, National Law Journal, 2007; Teaching Excellence Award, Univ. of Chicago Law School, 1993
Noteworthy Cases Prior to her confirmation as Solicitor General, Kagan had never argued a case in the federal courts. She made her first appearance in oral argument before the Supreme Court on September 9, 2009, in the controversial Citizens United v. Federal Election Commission.
Miscellany President Clinton nominated Kagan to the U.S. Court of Appeals for the District of Columbia Circuit in 1999, but Senate Judiciary Committee chairman Orrin Hatch scheduled no Senate hearing on her nomination, effectively ending her candidacy without a vote.

Justice Stevens announces retirement

Justice John Paul Stevens sent the following letter to the White House indicating his intention to retire at the end of the court's current term:

My dear Mr. President:

Having concluded that it would be in the best interests of the Court to have my successor appointed and confirmed well in advance of the commencement of the Court's next Term, I shall retire from regular active service as an Associate Justice, under the provisions of 28 D.S.C. § 371(b), effective the next day after the Court rises for the summer recess this year. Most respectfully yours,

John Paul Stevens

Stevens retirement talk heats up again

In a series of interviews last week, Justice John Paul Stevens addressed speculation of his imminent retirement after almost 35 years on the U.S. Surpreme Court.  Talking to Adam Liptak for the NY Times, Stevens said, “There are still pros and cons to be considered.” But he suggested that a decision would come soon. “I do have to fish or cut bait, just for my own personal peace of mind and also in fairness to the process,” he said. “The president and the Senate need plenty of time to fill a vacancy.”  In the Washington Post, Stevens referenced an interview he gave last month in which he said a decision would be made within 30 days.  He said he hoped “that wasn’t being treated as a statute of limitations,” although he did confirm that he "will surely do it while [Obama's] still President."  Stevens turns 90 later this month.