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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Friday, December 22, 2017

On Judges: A Year Of Extraordinary Accomplishment


‘Gorsuch’s Confirmation … A Marquee Accomplishment For President Trump’

“The U.S. Senate confirmed Neil M. Gorsuch to serve on the U.S. Supreme Court… Gorsuch’s confirmation is a marquee accomplishment for President Trump and his young administration…” (“Senate Confirms Neil Gorsuch To Supreme Court,” Washington Post, 4/7/2017)

The Senate Has Confirmed An Historic 12 Circuit Court Judges This Year – The Most In A President’s 1st Year In Office Since The Creation Of Circuit Courts In 1891

SEN. MITCH McCONNELL (R-KY): “Today, the Senate will continue another historic week confirming more of President Trump’s impressive judicial nominees to the federal bench. … Under Chairman Grassley’s leadership, the Senate Judiciary Committee has done outstanding work to move these judicial nominees to the floor.” (Sen. McConnell, Floor Remarks, 12/14/2017)

The Twelve

Amul R. Thapar of Kentucky confirmed by the Senate by Yea-Nay Vote. 52 - 44 to be United States Circuit Judge for the Sixth Circuit.
  • SEN. MITCH McCONNELL (R-KY): “Judge Thapar will make an outstanding addition to the U.S. Appeals Court for the Sixth Circuit. He has a reputation as a qualified judge with an impressive legal mind. He will fairly apply the law to all who enter his courtroom because, in Judge Thapar’s own words, ‘the most important attribute of a judge is to be open-minded and not to prejudge a case without reading the briefs, researching the law, and hearing from the parties.’ … Judge Thapar has the necessary credentials, integrity, and respect from his colleagues to join the Sixth Circuit.” (Sen. McConnell, Press Release, 5/25/2017)
John Kenneth Bush of Kentucky confirmed by the Senate by Yea-Nay Vote. 51 - 47 to be United States Circuit Judge for the Sixth Circuit.
  • SEN. MITCH McCONNELL (R-KY): “President Trump made an excellent choice in nominating Mr. Bush to serve as a Judge on the U.S. Court of Appeals for the Sixth Circuit… an impressive nominee, with a strong legal ability and a thoughtful demeanor. …as a judge, he will be open-minded, fair, and committed to the rule of law.” (Sen. McConnell, Press Release, 6/14/2017)
Kevin Christopher Newsom of Alabama confirmed by the Senate by Yea-Nay Vote. 66 - 31 to be United States Circuit Judge for the Eleventh Circuit.
  • SEN. RICHARD SHELBY (R-AL): “As the former solicitor general of Alabama, Kevin has proved to be an exceptionally skilled attorney. He understands and respects the law, and I believe he will be an asset to our Nation’s judicial system as a Federal judge on the Eleventh Circuit. … I am confident that Kevin Newsom will serve honorably and apply the law with impartiality and fairness, which I believe is required of all judges. I believe that President Trump has made the right decision in selecting Kevin Newsom to sit on the Eleventh Circuit.” (Sen. Shelby, Congressional Record, S.4640, 8/1/2017)
Ralph R. Erickson of North Dakota confirmed by the Senate by Yea-Nay Vote. 95 - 1 to be United States Circuit Judge for the Eighth Circuit.
  • SEN. JOHN HOEVEN (R-ND): “Judge Erickson has served the people of North Dakota and the United States well on the U.S District Court and I support his nomination to serve on the 8th Circuit Court of Appeals… Judge Erickson has tremendous experience having served for 23 years in various judicial positions from his start as a Magistrate judge to his current position on the U.S. District Court. Throughout his career, he has upheld the rule of law and shown deep respect for the Constitution.” (Sen. Hoeven, Press Release, 6/7/2017)
Amy Coney Barrett of Indiana confirmed by the Senate by Yea-Nay Vote. 55 - 43 to be United States Circuit Judge for the Seventh Circuit.
  • SEN. TODD YOUNG (R-IN): “I rise today to speak in support of a fellow Hoosier, Amy Coney Barrett, who has been nominated by President Trump to serve on the U.S. Circuit Court of Appeals for the Seventh Circuit. Professor Barrett’s credentials are well known. She is a mother of seven children, a distinguished legal scholar at the University of Notre Dame Law School, where she herself graduated with high honors and served as editor of the Notre Dame Law Review. She clerked for Justice Antonin Scalia on the Supreme Court of the United States and Judge Silberman on the Circuit Court for the District of Columbia, and she is an expert on the Federal courts. … She brings the skill set and the temperament needed for the job. She will rule according to the law and according to controlling precedents, and she will be faithful to the Constitution. There is no question that Professor Barrett will make an outstanding appellate judge. … This is a historic opportunity, as Professor Barrett would be the first Hoosier woman to have a seat on the Seventh Circuit Court.” (Sen. Young, Congressional Record, S.6906, 10/31/2017)
Joan Louise Larsen of Michigan Confirmed by the Senate by Yea-Nay Vote. 60 - 38 to be United States Circuit Judge for the Sixth Circuit.
  • SEN. CHUCK GRASSLEY (R-IA): “Justice Larsen's nomination is supported by a broad coalition of lawyers, judges, academic colleagues…. Justice Larsen began her legal career clerking for Justice Sentelle of the D.C. Circuit and Justice Scalia on the Supreme Court…. Justice Larsen has taught constitutional law and criminal law at the University of Michigan Law School since 1998, where she has earned the respect of faculty members and students alike. She won the L. Hart Wright Award for Excellence in Teaching early in her career…. Justice Larsen served as deputy assistant attorney general in the office of legal counsel, working to provide legal advice to the president and executive agencies on difficult issues of constitutional law and statutory interpretation.” (U.S. Senate Judiciary Committee Hearing, 9/06/2017)
Allison H. Eid of Colorado confirmed by the Senate by Yea-Nay Vote 56 - 41 to be United States Circuit Judge for the Tenth Circuit.
  • SEN. CORY GARDNER (R-CO): “It is an honor … and genuine pleasure to be here to introduce my good friend, Justice Allison Eid and to offer my strong support for her confirmation as a judge on the United States Circuit Court of Appeals for the 10th Circuit Court of Appeals. There's no doubt that Justice Eid is superbly qualified for the position… For the past decade, she has served as a justice on the Colorado Supreme Court and in 2008, Justice Eid was overwhelmingly retained by the people of Colorado. Prior to her appointment, Justice Eid represented the State of Colorado before the state and federal courts as the state’s solicitor general. She also served as a tenured member on the faculty at … the University of Colorado School of Law where she has taught courses in constitutional law, legislation and torts and published scholarly articles on the topics of federalism and tort law. In addition, Justice Eid has practiced commercial and appellate litigation at the Denver office of the law firm, Arnold & Porter. Justice Eid began her legal career as a law clerk to Judge Jerry Smith on the United States Circuit Court for the Fifth Circuit. She then served as a law clerk to the United States Supreme Court Justice Clarence Thomas…. What her resume makes clear is that whatever Justice Eid does, she does it at the highest and best levels.” (U.S. Senate Judiciary Committee Hearing, 9/20/2017)
Stephanos Bibas of Pennsylvania confirmed by the Senate by Yea-Nay Vote. 53 - 43 to be United States Circuit Judge for the Third Circuit.
  • SEN. PAT TOOMEY (R-PA): “Professor Bibas's outstanding credentials, wealth of experience, and understanding of the role of a judge in America's constitutional system make him well-qualified to serve as a judge. In addition to serving as a Professor of Law at the University of Pennsylvania and as the Director of the University's Supreme Court clinic, Professor Bibas clerked for U.S. Supreme Court Justice Anthony Kennedy, worked as a federal prosecutor, and argued six cases before the Supreme Court of the United States. Most importantly, Professor Bibas understands that the proper role of a judge is to apply the law as written and to treat everyone who comes before him equally, not to impose his policy preferences from the bench or choose winners or losers. I believe that Professor Bibas will make an outstanding addition to the Third Circuit and that his intellect, experience, and temperament will serve him well as a federal appellate judge.” (Sen. Toomey, Press Release, 11/3/2017)

    Gregory G. Katsas of Virginia confirmed by the Senate by Yea-Nay Vote. 50-48

to be United States Circuit Judge for the District of Columbia.
  • SEN. CHUCK GRASSLEY (R-IA), Judiciary Committee Chairman: “Greg Katsas … there’s no disputing that he’s very well qualified for this job. He has degrees from Princeton and Harvard, and he clerked for the Third Circuit, the D.C. Circuit, and the Supreme Court. He has years of experience in the public sector—where he led divisions at the Department of Justice—and in the private sector—where he was a partner at Jones Day. He currently serves as Deputy Counsel to the President in the White House Counsel’s Office. … [he] has served his country with distinction for many years.” (U.S. Senate, Judiciary Committee, Hearing, 11/9/2017)
Leonard Steven Grasz of Nebraska confirmed by the Senate by Yea-Nay Vote 50-48 to be United States Circuit Judge for the Eighth Circuit.
  • SEN. DEB FISCHER (R-NE): “Steve Grasz has extraordinary ethics, sterling credentials, and bipartisan support from across the state of Nebraska. Without a doubt, he is the right choice for this seat on the Eighth Circuit.” (Sen. Fischer, Press Release, 12/7/2017)
  • SEN. BEN SASSE (R-NE): “Steve is a Nebraskan through and through. He’s a fifth-generation Nebraskan and like a lot of Nebraska kids, he grew up on a family farm – walking beans, raising sheep and pigs, branding cattle. That family farm in the Nebraska Panhandle taught hard work and honesty. The University of Nebraska taught him the law. … Steve stayed in Nebraska for law school, graduated at the top of his class, and was the Executive Editor of the Nebraska Law Review. Steve went to work for Nebraskans, serving as the Chief Deputy Attorney General for more than a decade.  He litigated multiple cases in front of the U.S. Supreme Court, the 8th Circuit Court of Appeals, and the Nebraska Supreme Court. Whenever he was called on to argue on behalf of Nebraskans, Steve did so with integrity, humility, and decency. Steve bleeds Husker red but knows that a judge must clothe themselves in the black robes of impartiality.” (U.S. Senate, Judiciary Committee, Hearing, 11/1/2017)
Don R. Willett of Texas confirmed by the Senate by Yea-Nay Vote 50-47 to be a Circuit Judge for the Fifth Circuit.

James C. Ho of Texas confirmed by the Senate by Yea-Nay Vote 53-43 to be United States Circuit Judge for the Fifth Circuit
  • SEN. JOHN CORNYN (R-TX): “Jim Ho and Justice Don Willett are two stars in the Texas legal firmament already. These nominees reflect the comprehensive process of both the bipartisan Texas Federal Judicial Evaluation Committee that Senator Cruz and I have established as well as the White House Counsel’s Office and the Department of Justice, and I commend the President on these excellent nominations.” (Sen. Cornyn, Press Release, 11/15/2017)
  • SEN. TED CRUZ (R-TX): “Justice Don Willett and Jim Ho are nominees of deep intellect and principle… Both of them, with their remarkable academic backgrounds and professional careers, have demonstrated a commitment to the rule of law and the Constitution. I am confident they will make extraordinary appellate judges, and look forward to their swift confirmation.” (Sens. Cornyn & Cruz, Press Release, 12/7/2017)
‘Congress, In The Judiciary Act Of 1891, Commonly Known As The Evarts Act, Established Nine Courts Of Appeals’

“The Evarts Act: Creating the Modern Appellate Courts  -- Congress, in the Judiciary Act of 1891, commonly known as the Evarts Act, established nine Courts of Appeals, one for each judicial circuit at the time. The Act created another judge position for each circuit, identified in the legislation as the circuit justice.  Appeals from trial court decisions were heard by three-judge panels made up of the circuit justice, a court of appeals judge, and a district court judge. The Act recognized nine circuits.  Today 12 Circuits hear appeals. Fast Fact: The Evarts Act established the structure of the appellate courts.” (“The Evarts Act: Creating The Modern Appellate Courts,” Uscourts.Gov, Accessed 12/14/2017)

President         Calendar Year  Circuit Courts

Trump              2017                 12

Obama             2009                 3
G.W. Bush       2001                 6
Clinton             1993                 3
G.H.W. Bush    1989                 5
Reagan            1981                 8
Carter               1977                 10
Nixon               1969                 11
Johnson           1965                 8
Kennedy          1961                 11
Eisenhower      1953                 0
Truman            1949                 7
FDR                 1933                 4
Hoover             1929                 6
Coolidge          1925                 6
Harding            1921                 3
Wilson             1913                 3
Taft                  1909                 2
Roosevelt         1905                 7
McKinley          1897                 1
Cleveland         1893                 6

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