Judiciary Watch

Justice Ruth Bader Ginsburg dies at 87

Supreme Court Justice Ruth Bader Ginsburg died on Friday at age 87 from complications of metastatic pancreatic cancer.  She served on the court for 27 years and was perhaps it’s best known member.  Ginsburg’s vacancy has set off a fierce political battle over the timing of her replacement. President Trump has promised to announce his pick to replace Ginsburg by the end of the week.  The president suggested that Ginsburg’s dying wish that her replacement be chosen after the November election, as told to NPR by her granddaughter, was in fact something made up by Democrats.  

Two of the front-runners for the nomination are Hon. Amy Coney Barrett of the U.S. Court of Appeals for the 7th Circuit and Hon. Barbara Lagoa of the U.S. Court of Appeals for the 11th Circuit.  Barrett clerked for Justice Antonin Scalia and most of her experience is in academia.  She was a law professor at Notre Dame Law School prior to taking the bench in 2017.  Barrett is 48 years old and is widely admired by Republicans for her conservative views, which often have been in stark contrast to those of Justice Ginsburg.  Lagoa, a 52-year old Cuban-American, was an Assistant U.S. Attorney in Florida, in private practice with Greenberg Traurig in Miami, and a member of the Florida Supreme Court prior to taking the bench in 2019.

11th Circuit flips to Republican majority

With the confirmation this week of Robert J. Luck and Barbara Lagoa, the U.S. Court of Appeals for the Eleventh Circuit became the third appeals court to flip to a majority of Republican-appointed judges.  Both Luck and Lagoa are Florida state Supreme Court Justices.  The Second Circuit flipped to a Republican majority last week with the confirmation of Steven Menashi, who served as Associate Counsel and Special Assistant to President Trump.  The Third Circuit moved to a Republican-appointed majority in March.

Senate confirms Neomi Rao to replace Kavanaugh on D.C. Circuit

The Senate today confirmed Neomi Rao to fill the vacancy left by Hon. Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit.  Rao, who currently heads the Office of Administrative and Regulatory Affairs, is a graduate of the Univ. of Chicago School of Law and a former law clerk to Justice Clarence Thomas.  Rao came under scrutiny for articles about sexual harassment, rape, and multiculturalism she wrote while in college at Yale. She apologized for some the articles in a letter to the Senate Judiciary Committee saying that she has “matured” and regrets “any implication of blaming the victim” of a sexual assault. The vote was 53 to 46, along party lines.

Senate confirms Chad A. Readler to 6th Circuit

The Senate yesterday confirmed Acting Assistant Attorney General Chad A. Readler to the 6th Circuit Court of Appeals by a 52 to 47 vote.  Readler was in the litigation group of Jones Day in Columbus, OH for almost 20 years.  Democrats and one Republican Senator opposed Readler in part because of a brief he signed while at the Justice Department supporting a challenge to the Affordable Care Act and his failure to support protections for individuals with pre-existing conditions.

Senate confirms Allison Jones Rushing to 4th Circuit

The Senate yesterday confirmed Williams & Connolly partner Allison Jones Rushing to the 4th Circuit Court of Appeals by a 53 to 44 vote.  Rushing clerked for Justice Gorsuch and Justice Thomas before entering private practice.  She came under criticism from some Democrats for her work with Alliance Defending Freedom, a conservative religious organization that the Southern Poverty Law Center calls a hate group for its campaigns against the LGBQT community.  At 37-years old, she is one of the youngest people appointed to the federal bench.

Senate confirms Eric D. Miller to 9th Circuit

The Senate yesterday voted 53 to 46 to confirm Eric D. Miller to the 9th Circuit Court of Appeals.  Miller, a Perkins Coie partner, became the first circuit judge to be confirmed without “blue slips” from the senators from his home state of Washington.  Miller is the fifth former law clerk to Justice Clarence Thomas to be named to an appeals court by President Trump.

White House announces renomination of 51 judges

President Trump announced yesterday his intent to renominate 51 judicial nominees whose nominations expired at the end of 2018.  They include 9 picks for circuit court vacancies, including Neomi J. Rao, who has been selected to fill Justice Brett Kavanaugh’s vacancy on the D.C. Circuit Court of Appeals.  Rao clerked for Justice Clarence Thomas and currently works in the White House budget office.  She has been criticized by liberal groups for controversial writings from when she was in college. The list also includes 2 nominees to the 2d Circuit, 1 each to the 3d and 4th Circuits, 2 to the 6th Circuit, and 2 to the 9th Circuit.

Pence casts tie-breaking vote to confirm Kobes to 8th Circuit

The Senate yesterday voted to confirm Jonathan A. Kobes to the U.S. Court of Appeals for the 8th Circuit by a 50 to 50 vote, with Vice President Pence breaking the tie.  Kobes is the second Trump appointment to the 8th Circuit to receive a “not qualified” rating from the A.B.A.  The ratings committee cited a lack of experience and a lack of “evidence of his ability to fulfill the scholarly writing required of a United States circuit court judge.”  Kobes is currently general counsel to Sen. Mike Rounds (R – South Dakota) and is a graduate of Harvard Law School.

Senate confirms Quattlebaum and Richardson to 4th Circuit

The Senate yesterday confirmed Hon. A. Marvin Quattlebaum, Jr. and Julius Ness Richardson to the U.S. Court of Appeals for the Fourth Circuit.  Quattlebaum was confirmed to the U.S. District Court for the District of South Carolina in March and prior to taking the bench was a partner with Nelson Mullins Riley & Scarborough, LLP in Greenville, SC.  Richardson has been an Assistant U.S. Attorney in South Carolina since 2009.  In 2017 he was lead counsel in the prosecution of Dylann Roof, who was sentenced to death for killing nine worshipers during Bible study at Mother Emanuel AME Church in Charleston.

Senate confirms Brett Cagle to 11th Circuit

The Senate yesterday confirmed Britt Cagle Grant to the U.S. Court of Appeals for the Eleventh Circuit by a 52 to 46 vote.  Cagle is a 2007 graduate of Stanford Law School and clerked for Supreme Court nominee Hon. Brett M. Kavanaugh.  Grant was in private practice with Kirkland & Ellis for four years prior to moving to the Office of the Georgia Attorney General.  In 2017, she was appointed to the Georgia Supreme Court and was also named by President Trump as a potential nominee to the U.S. Supreme Court.