Judiciary Watch

Third federal judge upholds Obama health care law

Judge Gladys Kessler of the District Court for the District of Columbia became the third judge, and third Clinton appointee, to uphold the constitutionality of the Obama health care law on Tuesday.  Two other judges, both Republican appointments, have struck down the law’s provision requiring most Americans to obtain health insurance starting in 2014.  More than 20 challenges to the act or some aspect of it have been filed. Oral arguments in the first appellate reviews are scheduled for May and June.

Kessler suggested in the 64-page opinion that not buying insurance was an active choice that burdened other payers with the cost of uncompensated medical care.   She wrote, “the individual decision to forgo health insurance, when considered in the aggregate, leads to substantially higher insurance premiums for those other individuals who do obtain coverage.”

Senate confirms Davila, Graves to federal courts

The Senate yesterday confirmed two more of President Obama’s judicial nominees.  Edward J. Davila was confirmed to the Northern District of California.  He is a graduate of the Univ. of California, Hastings College of Law and has been a judge on the California Superior Court in Santa Clara County since 2001.  Prior to taking the bench, Davila was a partner with Davila & Polverino in San Jose, representing clients in criminal cases in state and federal courts.

James E. Graves Jr. became the first African American from Mississippi confirmed to the 5th Circuit Court of Appeals.  Graves served on the Hinds County Circuit Court from 1991 to 2001, and was a Justice on the Mississippi Supreme Court from 2001 until his confirmation. He had bipartisan support and was confirmed on a voice vote.

Justice Thomas approaches 5th year of silence on the bench

As reported in the New York Times, when the Supreme Court reconvenes after its winter break it will have been five years since Justice Thomas has asked a question during arguments.  The article notes that Thomas “has given various and shifting reasons for declining to participate in oral arguments,” among them that he is self-conscious about the way he speaks, having grown up using a rural Georgian dialect.  He has also said that it is difficult to get a word in given the amount of questions coming from the rest of the court, saying  “We look like ‘Family Feud.’ ”  Thomas’s last question from the bench was in a death penalty case in 2006.  He spoke a total of 12 times that year and 11 times in 2005.

Senate confirms three to U.S. Courts

The Senate confirmed three judicial nominees yesterday.  Paul K. Holmes, III was confirmed to a seat in the Western District of Arkansas.  Holmes is a graduate of the Univ. of Arkansas School of Law and served as U.S. Attorney for the W.D. Arkansas from 1993 to 2001.  From 1980 to 1993 and 2001 until his confirmation, he was a partner with Warner Smith & Harris in Fort Smith handling criminal and civil litigation.

Diana Saldana was confirmed to the Southern District of Texas.  Saldana, a U.S. Magistrate Judge since 2006, got her J.D. in 1997 from the Univ. of Texas School of Law.  She clerked for Hon. George P. Kazen and for 5 years prior to taking the bench was an Assistant U.S. Attorney handling criminal matters.

Marco Hernandez was confirmed to the District Court in Oregon.  Hernandez, a graduate of the Univ. of Washington School of Law, has been a Circuit Court Judge in Washington County since 1998 and was Presiding Judge from 2002-2005.  He was Deputy District Attorney from 1989-1994.  Hernandez was nominated to the District Court in 1998 by President George W. Bush, but the Senate did not vote and the nomination was returned to the President.

Judiciary Committee hears testimony from three nominees

The Senate Judiciary Committee held its first confirmation hearing of the 112th Congress yesterday.  The committee heard testimony from three nominees, among them Obama’s nominee for the D.C. Circuit Court of Appeals, Caitlin Halligan.  During her testimony, committee Republicans suggested that the D.C. Circuit already has more judges than it needs and signaled possible opposition to her nomination. Halligan, 44, clerked for Justice Stephen Breyer, and a former New York solicitor general.  She also headed the appellate practice at Weil, Gotshal & Manges and currently serves as general counsel in the Manhattan district attorney’s office.  Sen. Chuck Grassley (R. Iowa) said that because of it’s influence, nominees for the D.C. Circuit Court are subject to “a heightened level of scrutiny.”  There are currently two vacancies on the court. 

The committee also heard testimony from Kathleen Williams, nominated to a seat on the district court for the Southern District of Florida; and Mae D’Agostino, nominated to a seat on the district court for the Northern District of New York.

White House Counsel urges confirmation of judges

At an event sponsored by the American Constitution Society Monday, White House Counsel Robert Bauer urged senators to proceed with confirmation votes on President Obama’s judicial nominees.  Bauer said, “In this new Congress, we will continue to make the case for treating the confirmation of judges as the priority, the urgent priority, that it is.”  He suggested that the confirmation process needs to be re-examined in a non-partisan way.  There are currently 101 vacancies on the federal courts, 48 of which are considered judicial emergencies.