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Senate Confirms Lawrence Vandyke to Seat on Ninth Circuit Court of Appeals
N E W S R E L E A S E December 11, 2019 Contact: Amy Weitz (415) 355-8930 Senate Confirms Lawrence VanDyke to Seat on Ninth Circuit Court of Appeals SAN FRANCISCO – The United States Senate today confirmed President Donald Trump’s nomination of Deputy Assistant Attorney General Lawrence VanDyke to serve as a judge of the U.S. Court of Appeals for the Ninth Circuit. Senators gave their consent by a vote of 51-44. Mr. VanDyke, who is expected to maintain chambers in Las Vegas or Reno, Nevada, was nominated to the court on October 15, 2019. He fills the seat of Circuit Judge Jay S. Bybee, who will assume senior status on December 31, 2019. Mr. VanDyke joined the U.S. Department of Justice’s Environment and Natural Resources Division as the deputy assistant attorney general this year. Previously he served as the solicitor general for the states of Nevada and Montana, and before that position he served as the assistant solicitor general for the State of Texas. Earlier in his career he clerked for Circuit Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and worked as an associate attorney at the Dallas and Washington, D.C., offices of Gibson Dunn & Crutcher, LLP, before and after that clerkship. While in college, Mr. VanDyke was vice president of Performance Machinery Company and project manager of VanDyke Construction Company in Bozeman, Montana. Born in Midland, Texas, Mr. VanDyke received his bachelor’s degree in English, with highest honors, and his Master of Construction Engineering Management from Montana State University in 1997 and 2000, respectively; his bachelor’s degree in theology from Bear Valley Bible Institute, summa cum laude, in 2002; and his juris doctor, magna cum laude, in 2005 from Harvard Law School, where he was editor of the Harvard Law Review and editor of the Harvard Journal of Law and Public Policy. -
Appendix B—Nominations Submitted to the Senate
Appendix B—Nominations Submitted to the Senate The following list does not include promotions Gregory Kent Frizzell, of members of the Uniformed Services, nomina- of Oklahoma, to be U.S. District Judge for the tions to the Service Academies, or nominations Northern District of Oklahoma, vice Sven E. of Foreign Service officers. Holmes, resigned. Submitted January 9 Philip S. Gutierrez, of California, to be U.S. District Judge for the John Preston Bailey, Central District of California, vice Terry J. Hat- of West Virginia, to be U.S. District Judge for the Northern District of West Virginia, vice ter, Jr., retired. Frederick P. Stamp, Jr., retired. Thomas M. Hardiman, Valerie L. Baker, of Pennsylvania, to be U.S. Circuit Judge for of California, to be U.S. District Judge for the the Third Circuit, vice Richard L. Nygaard, re- Central District of California, vice Consuelo B. tired. Marshall, retired. Marcia Morales Howard, Vanessa Lynne Bryant, of Florida, to be U.S. District Judge for the of Connecticut, to be U.S. District Judge for Middle District of Florida, vice Harvey E. the District of Connecticut, vice Dominic J. Schlesinger, retired. Squatrito, retired. Beryl A. Howell, Carol A. Dalton, of the District of Columbia, to be a member of the District of Columbia, to be an Associate of the U.S. Sentencing Commission for a term Judge of the Superior Court of the District of expiring October 31, 2011 (reappointment), to Columbia for the term of 15 years, vice A. Noel which position she was appointed during the Anketell Kramer, elevated. -
Contempt of Courts? President Trump's
CONTEMPT OF COURTS? PRESIDENT TRUMP’S TRANSFORMATION OF THE JUDICIARY Brendan Williams* Faced with a letter from the American Bar Association (ABA) assessing him as “arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice,” Lawrence VanDyke, nominated by President Trump to serve on the Ninth Circuit Court of Appeals, cried during an October 2019 confirmation hearing before the Senate Judiciary Committee.1 Republican senators dutifully attacked the ABA as liberally-biased.2 In a Wall Street Journal column, a defender of VanDyke assailed what he called a “smear campaign” and wrote that “[t]he ABA’s aggressive politicization is especially frustrating for someone like me, an active member of the ABA[.]”3 VanDyke was confirmed anyway.4 Contrary to Republican protestations, the ABA has deemed 97% of President Trump’s nominees to be “well qualified” or “qualified.”5 Indeed, in the most polarizing judicial nomination of the Trump Administration, Justice Brett Kavanaugh, Kavanaugh’s defenders pointed to the ABA having rated him “well qualified” despite the association having once, in 2006, dropped his rating to “qualified” due to concerns about his temperament.6 *Attorney Brendan Williams is the author of over 30 law review articles, predominantly on civil rights and health care issues. A former Washington Supreme Court judicial clerk, Brendan is a New Hampshire long-term care advocate. This article is dedicated to his father Wayne Williams, admitted to the Washington bar in 1970. 1Hannah Knowles, Trump Judicial Nominee Cries over Scathing Letter from the American Bar Association, WASH. POST (Oct. 30, 2015). 2Id. -
Preparing for a More Fractured Web the Central Services Under Siege Built Global-Scale Networks
Preparing for a More Fractured Web The central services under siege built global-scale networks. If policy trends hold, what comes next? Andrea O’Sullivan hat’s your worry about Silicon ad-based business model supporting much Valley? Most everyone has one. of big tech. Maybe you’re concerned about For some, it allows impolitic privacy. It could be a combination of many Wspeech to flourish online. If you’re like things. Whatever your persuasion, there me, you’re more bothered by the threat of is usually some good reason to resist big targeted content controls. Or you might American technology companies. fear that some companies have just gotten This essay will not debate the merits or a little too big. Maybe you dislike the entire demerits of any particular tech criticism. The JOURNAL of The JAMES MADISON INSTITUTE Readers can find many such commentaries These trends herald a future where data tailored to their own liking elsewhere on localization, which limits how information the world wide web. Instead, I will discuss can be used across borders, is the norm.5 how the many forces converging against Regulating data means regulating American technology companies may result commerce. Although framed as a way in a new web that is less, well, worldwide. to bring tech companies in line, data What might such an internet look like? regulations affect anyone who engages in We already have a good inkling. Most online commerce: that is to say, almost people have heard of one longstanding everyone with a computer and a connection. internet faultline: the so-called Great To a foreign retailer, for instance, data Firewall of China.1 Residents of China controls might as well be a trade control.6 cannot easily access major parts of the Then there are content controls. -
House of Representatives Staff Analysis Bill #: Hb 7013
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 7013 PCB COM 21-01 Technology Transparency SPONSOR(S): Commerce Committee, Ingoglia TIED BILLS: HB 7015 IDEN./SIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF Orig. Comm.: Commerce Committee 16 Y, 8 N Wright Hamon 1) Appropriations Committee 19 Y, 8 N Topp Pridgeon 2) Judiciary Committee SUMMARY ANALYSIS A section of the Federal Communications Decency Act (Section 230) provides immunity from liability for information service providers and social media platforms that, in good faith, remove or restrict from their services information deemed “obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.” While this immunity has fostered the growth of certain parts of the internet, recently, there have been criticisms of the broad federal immunity provision due to actions taken or not taken regarding the censorship of users by internet platforms. Government regulators have recently investigated and initiated cases against certain platforms for antitrust activities. The bill provides that a social media platform must: publish standards used for determining how to censor, deplatform, and shadow ban users, and apply such standards in a consistent manner. inform each user about any changes to its user rules, terms, and agreements before implementing the changes and may not make changes more than once every 30 days. notify the user within 30 days of censoring or deplatforming. provide a user with information relating to the number of other individuals who were provided or shown the user's content or posts upon request by the user. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION Vol. 165 WASHINGTON, THURSDAY, DECEMBER 19, 2019 No. 206 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, House amendment to the Senate called to order by the Honorable THOM PRESIDENT PRO TEMPORE, amendment), to change the enactment TILLIS, a Senator from the State of Washington, DC, December 19, 2019. date. North Carolina. To the Senate: McConnell Amendment No. 1259 (to Under the provisions of rule I, paragraph 3, Amendment No. 1258), of a perfecting f of the Standing Rules of the Senate, I hereby appoint the Honorable THOM TILLIS, a Sen- nature. McConnell motion to refer the mes- PRAYER ator from the State of North Carolina, to perform the duties of the Chair. sage of the House on the bill to the The Chaplain, Dr. Barry C. Black, of- CHUCK GRASSLEY, Committee on Appropriations, with in- fered the following prayer: President pro tempore. structions, McConnell Amendment No. Let us pray. Mr. TILLIS thereupon assumed the 1260, to change the enactment date. Eternal God, You are our light and Chair as Acting President pro tempore. McConnell Amendment No. 1261 (the salvation, and we are not afraid. You instructions (Amendment No. 1260) of f protect us from danger so we do not the motion to refer), of a perfecting na- tremble. RESERVATION OF LEADER TIME ture. Mighty God, You are not intimidated The ACTING PRESIDENT pro tem- McConnell Amendment No. 1262 (to by the challenges that confront our Na- pore. -
Confirmation Hearings on Federal Appointments
S. HRG. 110–138 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION FEBRUARY 6, MARCH 13, APRIL 11, JUNE 20, AND JULY 19, 2007 PART 1 Serial No. J–110–8 Printed for the use of the Committee on the Judiciary ( VerDate 0ct 09 2002 09:38 Sep 17, 2007 Jkt 037658 PO 00000 Frm 00001 Fmt 6011 Sfmt 6011 S:\GPO\HEARINGS\37658.TXT SJUD1 PsN: CMORC CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS VerDate 0ct 09 2002 09:38 Sep 17, 2007 Jkt 037658 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 S:\GPO\HEARINGS\37658.TXT SJUD1 PsN: CMORC S. HRG. 110–138 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION FEBRUARY 6, MARCH 13, APRIL 11, JUNE 20, AND JULY 19, 2007 PART 1 Serial No. J–110–8 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 37–658 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 09:38 Sep 17, 2007 Jkt 037658 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\37658.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. -
Administration of Donald J. Trump, 2019 Digest of Other White House
Administration of Donald J. Trump, 2019 Digest of Other White House Announcements December 31, 2019 The following list includes the President's public schedule and other items of general interest announced by the Office of the Press Secretary and not included elsewhere in this Compilation. January 1 In the afternoon, the President posted to his personal Twitter feed his congratulations to President Jair Messias Bolsonaro of Brazil on his Inauguration. In the evening, the President had a telephone conversation with Republican National Committee Chairwoman Ronna McDaniel. During the day, the President had a telephone conversation with President Abdelfattah Said Elsisi of Egypt to reaffirm Egypt-U.S. relations, including the shared goals of countering terrorism and increasing regional stability, and discuss the upcoming inauguration of the Cathedral of the Nativity and the al-Fatah al-Aleem Mosque in the New Administrative Capital and other efforts to advance religious freedom in Egypt. January 2 In the afternoon, in the Situation Room, the President and Vice President Michael R. Pence participated in a briefing on border security by Secretary of Homeland Security Kirstjen M. Nielsen for congressional leadership. January 3 In the afternoon, the President had separate telephone conversations with Anamika "Mika" Chand-Singh, wife of Newman, CA, police officer Cpl. Ronil Singh, who was killed during a traffic stop on December 26, 2018, Newman Police Chief Randy Richardson, and Stanislaus County, CA, Sheriff Adam Christianson to praise Officer Singh's service to his fellow citizens, offer his condolences, and commend law enforcement's rapid investigation, response, and apprehension of the suspect. -
13 Troubling Judicial Nominees You Missed This Year by Tony Hanna and Abbey Meller December 20, 2018
13 Troubling Judicial Nominees You Missed This Year By Tony Hanna and Abbey Meller December 20, 2018 The bitter nomination process involving now-U.S. Supreme Court Justice Brett Kavanaugh, which culminated in a contested confirmation vote on October 6, brought the importance of the federal judiciary to the forefront of American politi- cal consciousness. Around the country, tens of thousands of people rallied to protest the influence and effects of the judicial system on issues affecting everyone: health care reproductive rights, civil rights, disability justice, gun violence prevention, and more.1 Although Senate Republican leaders worked hard to shield Kavanaugh’s record from public oversight, hundreds of brave people risked arrest to protest both outside and inside Kavanaugh’s confirmation hearing and, later, at the sham hear- ing2 to investigate the legitimate claim of sexual assault made against Kavanaugh by Christine Blasey Ford. Yet, while concerned citizens were rightfully paying attention to the important debate taking place over the future of the U.S. Supreme Court, the Trump administration and its allies in the Senate were also busy reshaping the lower federal courts. This year, the Senate confirmed a record 65 lower court judges3 to lifetime seats on the federal judiciary. An additional 67 judicial nominees are currently pending Senate action;4 the Senate could still vote on these nominations before the end of the year. In short, the Trump administration and its allies in the Senate are working at a breakneck pace to turn the federal courts into a hyper-conservative body that will implement a partisan political agenda from the bench. -
PATTERN JURY INSTRUCTIONS (Civil Cases)
PATTERN JURY INSTRUCTIONS (Civil Cases) Prepared by the Committee on Pattern Jury Instructions District Judges Association Fifth Circuit 2014 with revisions through October 2016 For Customer Assistance Call 1-800-328-4880 Mat #41663410 COMMITTEE ON PATTERN JURY INSTRUCTIONS DISTRICT JUDGES ASSOCIATION FIFTH CIRCUIT Judge Daniel P. Jordan III, Chairman Judge Ron Clark Judge Elizabeth Erny Foote Judge Melinda Harmon Judge Mary Ann Vial Lemmon Judge Michael P. Mills Judge Sul Ozerden Judge Sarah Vance Judge Stanwood R. Duval, Jr. Judge Lee H. Rosenthal iii FOREWORD In July 2011, the Fifth Circuit District Judges Associa- tion formed the Pattern Jury Instruction Committee (Civil) including Judges Lee Rosenthal, Ron Clark, Elizabeth Foote, Sul Ozerden, Michael P. Mills, Stanwood Duval, Mary Ann Lemmon, Sarah Vance, Melinda Harmon and Dan Jordan. The Committee was charged with reviewing the existing pattern instructions and updating them where necessary. After an initial review, the Committee determined that the time had come for a top-to-bottom examination for substantive accuracy. While many of the existing instruc- tions remained valid, a significant number no longer reflected current law. This is no reflection on prior commit- tees, which did an excellent job drafting prior patterns. The law is not stagnant; it was time to update. Accordingly, the 2014 edition of the Fifth Circuit Pattern Jury Instructions (Civil) will represent a substantial overhaul. The Committee approached this project with a consistent mantra: present instructions that are as balanced, accurate, and user friendly as possible. Given the breadth of that undertaking, outside assistance was essential. And in the end, nearly one hundred judges, attorneys, law professors, and law students helped draft, vet, edit, and proofread the final product. -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
AF J NOMINEE REPOR T U.S. Court of Appeals for the Fourth Circuit
Allison Jones Rushing AFJ NOMINEE REPORT AFJ U.S. Court of Appeals for the Fourth Circuit WWW.AFJ.ORG CONTENTS Introduction, 1 Biography, 1 ALLIANCE DEFENDING FREEDOM, 1 DEFENSE OF MARRIAGE ACT, 2 Conclusion, 3 WWW.AFJ.ORG PAGE 1 Systems Corp. v. Lewis, 138 S. Ct. 1612 INTRODUCTION (2018). Rushing argued that employees who were denied overtime pay could On August 27, 2018, President Trump then be deprived by their employers of nominated Allison Jones Rushing to the the right to unite and join as a class action Fourth Circuit Court of Appeals for the in arbitration under the National Labor 3 seat previously held by Judge Allyson Kay Relations Act. In a 5-4 decision, the Duncan, who is retiring. Rushing, who was Supreme Court ruled to make it harder born in 1982, appears to be the youngest for workers to enforce their rights. person Trump has nominated for a seat on the circuit courts of appeals to date. Rushing’s record suggests she will not be ALLIANCE a fair-minded and non-biased jurist, and Alliance for Justice opposes her DEFENDING nomination. BIOGRAPHY FREEDOM Rushing worked as a legal intern at Although she is young, Rushing’s ADF,4 which “has supported the extremely conservative credentials are recriminalization of homosexuality in well established. After graduating from the U.S. and criminalization abroad; has Wake Forest University in 2004 and Duke defended state-sanctioned sterilization Law School in 2007, she clerked for D.C. of trans people abroad; has linked Circuit Judge David Sentelle, then-Tenth homosexuality to pedophilia and claims Circuit Judge Neil Gorsuch, and Justice that a ‘homosexual agenda’ will destroy Clarence Thomas.