Sunday, May 01, 2022

May 2022 Judiciary News

Congratulations to the third Justice Jackson.

Nominations, Hearings, Confirmations:

Jackson:  Supreme Court nominee Ketanji Brown Jackson was confirmed 53-47, Republican senators Collins, Murkowski, and Romney joining all Ds voting to confirm her.  Romney's support is particularly odd, as he voted against her confirmation to the DC Circuit in 2021.

Jackson may be the first black woman on the Supreme Court, but I cannot be sure, since "I’m not a biologist".

Jackson:  The Office of Legal Counsel of the DOJ claims that President Biden is able to appoint Jackson to a future vacancy, even though there is currently no vacancy.  It seems Biden issued a commission early to prevent a hypothetical R-controlled Senate from voting to reconsider her nomination.

Appointments:  Ed Whelan examines exactly how a Supreme Court justice announces retirement and whether the president could appoint a confirmed nominee to a different seat.

Hearings:  Senator Lindsey Graham suggested that Judge Jackson "would not have been before this committee" if Republicans controlled the Judiciary Committee.  Politico claimed he meant that she would be denied a hearing, but Ed Whelan argues that he meant that she would not have been nominated in the first place.

Leftists:  The left seems oddly bitter in the wake of Jackson's confirmation.  Perhaps it is due to the realization that the right is likely to have the upper hand on the Supreme Court for a while, and court packing remains a fantasy.

Nominations:  Harsh Voruganti of the Vetting Room argues that President Biden has fallen behind on circuit court nominations, and that nominations made later than early May risk not being confirmed.

6th Circuit:  The White House is vetting two candidates to fill the seat being vacated by Judge R. Guy Cole Jr.  They are "Rachel Bloomekatz, a public interest lawyer and former state counsel for the Biden-Harris campaign, and Alexandra Schimmer, Denison University vice president and general counsel who served as Ohio’s solicitor general".

11th Circuit:  Carrie Severino exposes the extreme record of 11th Circuit nominee Nancy Abudu, who works for the corrupt smear merchants of the Southern Poverty Law Center. 

SD-NY:  Jennifer Rearden is the first Biden judicial nominee to be unanimously endorsed by the Senate Judiciary Committee.  This comes after more than 20 progressive groups are urged that she be rejected due to her work representing corporations against leftists.  She was previously nominated by Trump in 2020 on the recommendation of Senator Kirsten Gillibrand (D).

ED-NY:  Nominee Nusrat Choudhury claimed in 2015 that "the killing of unarmed black men by police happens every day in America".  Under questioning by Senator John Kennedy, she thrice cited her "role as an advocate" to suggest that she was not required to tell the truth.

SD-IA:  US Magistrate Judge Stephen Locher is the first Biden nominee for a district court in a red state (two R senators).  There have been only three confirmed nominees in a purple state (Ohio).

D-CO:  Senators Bennet and Hickenlooper recommended three candidates to fill a future vacancy.  They are "U.S. Magistrate Judges S. Kato Crews and Gordon P. Gallagher, as well as Sundeep K. "Rob" Addy, an attorney in private practice".

Nominations:
TBD

The Federal Judiciary:

Ethics:  The House Judiciary Committee held a hearing to advocate for an ethics code and "recusal reforms" for the Supreme Court.  Congress cannot impose a code on the Supreme Court, which is a separate branch of government.  Justice Thomas was a target of the hearing due to his wife's text messages related to the 2020 election.

Ethics:  Congress has passed a bill to improve financial disclosure for the judiciary.  The goal is to reduce conflicts of interest where judges rule on cases involving companies in which they have a financial interest.

5th Circuit:  Chief Judge Priscilla Owen (5th Circuit) has wedded Chief Justice Nathan Hecht (Texas Supreme Court).  To avoid having opinions by Chief Hecht referencing opinions by Chief Hecht, Priscilla Owen will go by Priscilla Richman.

9th Circuit:  Judge Johnnie Rawlinson has suggested she may take senior status, but only if her preferred successor is nominated.  She wants her former clerk Berna Rhodes-Ford, who is now the wife of Nevada Attorney General Aaron Ford (D).  Some observers consider Rawlinson's actions inappropriate.

Vacancy Declarations:  There are now 115 current and future judicial vacancies.  New vacancies over the past month are listed below.
ND-AL: Abdul K. Kallon (Obama) 8/31 (resigned)
D-NJ: Noel Lawrence Hillman (W) 4/4 (senior)
ED-MI: Denise Hood (Clinton) 5/1 (senior)
MD-PA: Robert Mariani (Obama) 9/30 (senior)
ND-IL: John Lee (Obama) TBD (elevated)
ED-WA: Salvador Mendoza Jr. (Obama) TBD (elevated)

State Supreme Courts:

Connecticut:  Governor Ned Lamont appointed Judge Joan K. Alexander to the state Supreme Court.  Alexander, age 59, has been on the Appellate Court for two years.  She replaces Justice Christine Keller, who will leave the court due to reaching the age limit of 70 in October.  Keller was appointed to the court by Lamont in 2020.

Florida:  Carlos Muniz will be the new Chief Justice of the Florida Supreme Court, succeeding Charles Canady.  The court broke with the usual pattern of choosing the next most senior justice, Alan Lawson.  Muniz, who is seen as more conservative, reportedly won a behind-the-scenes battle with Lawson.  Muniz was appointed by Ron DeSantis in 2019.

Florida:  Justice Alan Lawson will retire from the Florida Supreme Court on August 31.  Lawson, age 60, was appointed to the Fifth District Court of Appeal by Jeb Bush in 2005 and to the Supreme Court by Rick Scott in 2017.  Governor Ron DeSantis will get his fourth appointment to the court.  Judge Renatha Francis, who DeSantis tried to appoint to an earlier vacancy, but was rejected due to insufficient experience, may now be a top candidate to replace Lawson.

Indiana:  The Indiana Judicial Nominating Commission selected "Justin Forkner, the court’s chief administrative officer, Judge Dana Kenworthy of the Grant Superior Court and Judge Derek Molter of the Court of Appeals of Indiana" as the finalists to fill the vacancy caused by the upcoming retirement of Justice Steven David.

New Jersey:  The stalemate over the New Jersey Supreme Court continues.  There are two open seats, and a third seat will open on July 7 when Barry Albin is age-limited.  Governor Phil Murphy nominated Rachel Wainer Apter to an open seat in March 2021, but state senator Holly Schepisi (R) is holding up the nomination.

Virginia:  There are two vacancies on the Virginia Supreme Court due to the retirements of Justices Donald Lemons and William Mims.  The Virginia legislature is supposed to pick their replacements, but the R-controlled house and D-controlled senate are deadlocked.  If they cannot agree, Governor Glenn Youngkin will appoint temporary replacements.

West Virginia:  Governor Jim Justice appointed C. Haley Bunn to the West Virginia Supreme Court seat vacated by Evan Jenkins.  Bunn has worked as a federal prosecutor and in private practice.

Elections:

Overview:  Business Insider has a three-part series (1, 2, 3) on state supreme court elections.  In summary, they think it's bad that conservatives try to influence the judiciary.

Alabama:  On May 24, there are partisan primaries for two seats.
Place 5: Justice Mike Bolin is age-limited.  Alabama GOP counsel Greg Cook appears to be the favorite over Anniston Circuit Judge Debra Jones for the R nomination. Judge Anita L. Kelly will be the D nominee.
Place 6: Justice Kelli Wise (R) is unopposed for reelection.

Arkansas:  On May 24, three justices face a nonpartisan election.
Position 2: Justice Robin Wynne faces District Judge Chris Carnahan and attorney David Sterling.  Sterling was an R candidate for AG in 2014 and lost a Supreme Court race in 2018.
Position 6: Justice Karen Baker faces Judge Gunner DeLay, who is an R former state rep and senator.
Position 7: Justice Rhonda Wood is unopposed.

Georgia:  On May 24, justices Verda Colvin, Shawn LaGrua, and Carla McMillian face a nonpartisan election.  LaGrua and McMillian are unopposed.  Colvin, who was appointed by Governor Brian Kemp (R) in 2021, faces Veronica Brinson, who lost a race for state senate in 2020 as a D.

Idaho:  On May 17, justices Robyn Brody and Colleen Zahn are unopposed for reelection.

North Carolina: On May 17, there are partisan primaries for two seats.
Seat 3: Justice Robin Hudson (D) is retiring, as she is near the age limit.  North Carolina Court of Appeals judges Lucy Inman (D) and Richard Dietz (R) are unopposed for their parties' nominations.
Seat 5: Justice Sam Ervin IV (D) is running for reelection.  Candidates for the R nomination are Trey Allen, general counsel for the North Carolina Administrative Office of the Court, Court of Appeals judge April C. Wood, and Victoria Prince.

Ohio:  On May 3, a partisan primary will be held for three seats.  All primary candidates are unopposed for their nominations.  Justice Sharon Kennedy (R) will face Justice Jennifer Brunner (D) for the seat of Chief Justice Maureen O'Connor.  Justice Pat Fischer (R) will face appeals court judge Terri Jamison (D).  Justice Pat DeWine (son of Governor Mike DeWine) will face appeals court judge Marilyn Zayas (D).

Resources:
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)