Judiciary Watch

White House withdraws Ryan Bounds nomination

The White House has withdrawn the nomination of Ryan Bounds, currently an assistant U.S. Attorney in Oregon, to serve on the U.S. Court of Appeals for the 9th Circuit.  In a party-line vote on Wednesday, the Senate ended debate on Bounds’ nomination, with a confirmation vote expected Thursday.  But Sen. Mitch McConnell (R-Ky) announced the decision to withdraw the nomination after Republicans realized they did not have the votes to confirm.  Bounds had been widely criticized for articles he wrote as an undergraduate at Stanford disparaging multiculturalism and campus groups concerned with racism.  Neither of Oregon’s Democratic senators supported Bounds' nomination.

Majority of Republicans oppose Trump pick for the 9th Circuit

The Senate yesterday voted 72 to 27 to confirm Mark Jeremy Bennett to the U.S. Court of Appeals for the Ninth Circuit.  All 27 opposed to his confirmation were Republicans, who cited Bennett’s views on gun rights and the First Amendment.  Bennett has been critical of the Citizens United decision and has supported a limited interpretation of the Second Amendment.  Bennett is a 1979 graduate of Cornell Law School, former law clerk to Hon. Samuel P. King in the U.S. District Court for Hawaii, and served as Attorney General for Hawaii from 2003 to 2010.  He was in private practice with the Honolulu firm Starn, O’Toole, Marcus and Fisher for 8 years prior to his confirmation and during this time also served as a Special Deputy Attorney General.

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 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.

Senate confirms Minnesota judge to 8th Circuit

The Senate yesterday confirmed Hon. David R. Stras to be a U.S. Circuit Judge for the Eighth Circuit by a 56 to 42 vote.  Stras has been an Associate Justice on the Minnesota Court of Appeals since 2010 and is a former law clerk to US. Supreme Court Justice Clarence Thomas.  Stras, a 1999 graduate of the Univ. of Kansas School of Law, spent much of his career as an academic involved in providing public analysis and commentary on important legal issues involving the U.S. Supreme Court and other appellate courts.

Texan lawyer James C. Ho confirmed to circuit court

The Senate yesterday confirmed James C. Ho to the 5th Circuit Court of Appeals by a 53 to 43 vote.  Ho is a 1999 graduate of the Univ. of Chicago Law School and clerked for Supreme Court Justice Clarence Thomas.  He spent most of his career with Gibson, Dunn & Crutcher LLP, where his practice consisted primarily of litigation in federal and state appellate courts. 

Senate confirms Texas Supreme Court Justice Don Willett to circuit court

The Senate yesterday confirmed Hon. Don Willett to the U.S. Court of Appeals for the 5th Circuit by a 50 to 47 vote.  Willett is a 1992 graduate of Duke Law School and is a former Deputy Attorney General in Texas.  He served as Director of Research & Special Projects for Gov. George W. Bush and later as Special Assistant to President Bush from 2001 to 2002.  Willett comes to the circuit court after 12 years as a Justice on the Supreme Court of Texas.

Grasz, rated "not qualified" by ABA, confirmed to appeals court

The Senate yesterday confirmed Leonard S. Grasz to the U.S. Court of Appeals for the 8th Circuit by a 48 to 47 vote.  Grasz is a former Deputy Attorney General in Nebraska and comes to the bench from more than 15 years in private practice with the Omaha firm Husch Blackwell.  Grasz’s private law practice consisted of civil and appellate litigation, as well as administrative law and government relations.  The ABA rated Grasz “not qualified,” citing concerns about his ability “to separate his role as an advocate from that of a judge.”