DOCSLIB.ORG

March 18, 2020 Robert P. Deyling Assistant General Counsel Administrative Office of the United States Courts One Columbus Circle

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
March 18, 2020 Robert P. Deyling Assistant General Counsel Administrative Office of the United States Courts One Columbus Circle March 18, 2020 Robert P. Deyling Assistant General Counsel Administrative Office of the United States Courts One Columbus Circle, NE Washington, D.C. 20544 Dear Mr. Deyling: We write to express our deep concern with the exposure draft of Advisory Opinion No. 117, recently issued by the Judicial Conference’s Code of Conduct Committee. We believe the exposure draft conflicts with the Code of Conduct, misunderstands the Federalist Society, applies a double standard, and leads to troubling consequences. The circumstances surrounding the issuance of the exposure draft also raise serious questions about the Committee’s internal procedures and transparency. We strongly urge the Committee to withdraw the exposure draft. Judges have long participated in and contributed to our robust legal community. The Judicial Code of Conduct urges that judges “not become isolated from the society in which [we] live[].”1 To that end, Canon 4 of the Code allows judges to serve as members—and even officers—of “nonprofit organization[s] devoted to the law, the legal system, or the administration of justice.”2 The commentary to Canon 4 “encourage[s]” judges to “contribute to the law” through membership in “a bar association, judicial conference, or other organization dedicated to the law,” including those focused on “revising substantive and procedural law.” For good reason. We are all better served when judges expose themselves to a wide array of legal ideas. And we would like to think that those organizations benefit from having judges participate in them. 1 Canon 4 Commentary. 2 Canon 4(A)(3). Moreover, Canon 4 authorizes judicial participation in community affairs more broadly: “A judge may engage in extrajudicial activities, including law-related pursuits and civic, charitable, educational, religious, social, financial, fiduciary, and governmental activities, and may speak, write, lecture, and teach on both law-related and nonlegal subjects.” Membership in the Federalist Society is wholly consistent with the Code. Until recently, the Committee agreed. It previously recognized that members of the judiciary may join the American Constitution Society and donate to the Federalist Society.3 Given these prior opinions and the text of the Code, we are disturbed by the draft’s new position that membership in the Federalist Society violates the Code. The Committee offered a few reasons for its departure from the text and its long-held understanding of the Code. First, the Federalist Society purportedly advocates for “factional” policy positions rather than the “general improvement of the law.”4 Second, the mission of the Federalist Society would cause the public to “view judges holding membership in [the Society] to hold, advocate, and serve … conservative interests.”5 And third, although the Federalist Society is not a “political organization,” membership “implicate[s] Canon 5’s broad prohibition against political activity.”6 All of these arguments rest on a flawed understanding of the Federalist Society and of the Code itself. Take the claim that the Federalist Society advocates particular policies, rather than the general improvement of the law. The draft fails to identify a single “policy position” taken by the Federalist Society. That is because—to the best of our collective knowledge—the Federalist Society has never, in its several decades of existence, lobbied a policymaking body, filed an amicus brief, or otherwise advocated any policy change. We are at a loss to understand how membership can be seen as “indirect advocacy”7 of the organization’s policy positions when the organization itself takes no policy positions. The most the Committee can say is that the Federalist Society “describes itself as ‘a group of conservatives and libertarians dedicated to reforming the current legal order’” and that it has “promoted appreciation for the ‘role of separation of powers; federalism; limited, constitutional government; and the rule of law in protecting individual freedom and traditional 3 Exposure Draft 4–5. 4 Id. at 6–7. 5 Id. at 7. 6 Id. 7 Id. 2 values.’”8 These broad, bedrock principles lie at the foundation of our American constitutional order. Joining an organization that supports these principles simply cannot prohibit judicial service. Adherence to these principles at most suggests partiality in favor of the Constitution itself, which all judges must support and defend. Moreover, the Committee has previously approved judicial membership in organizations that advocate far more specific legal positions. For example, it has blessed membership in the American Law Institute,9 which seeks to “clarify, modernize, and otherwise improve the law.”10 The Institute pursues this goal by publishing restatements and model codes, which advocate detailed changes to all aspects of the law. The Federalist Society’s approach to reform is comparatively mild. Instead of taking specific legal or policy positions, it facilitates open, informed, and robust debate. Indeed, anyone who attends a Federalist Society event will encounter a diversity of views far exceeding that of many law school faculties. Although not all of us are members of the Federalist Society, all of us who have attended its events can attest to this. As the New York Times has reported, Federalist Society events “scrupulously include liberals as well as conservatives.”11 Every current member of the Supreme Court has participated in at least one Federalist Society event, as have hundreds of current and former federal judges of all judicial philosophies. So have countless progressive scholars and attorneys, including Jack Balkin, William Eskridge, Michael Gerhardt, Heather Gerken, Neal Katyal, Reva Siegel, Geoffrey Stone, Nadine Strossen, and Laurence Tribe.12 Judicial membership in such organizations should be encouraged, not banned. The Committee is wrong to term the activities of the Federalist Society as “political.”13 Canon 5 of the Code forbids judges from joining or contributing to any “political organization,” but “does not prevent a judge from engaging in activities described in Canon 8 Exposure Draft 6 (quoting Federalist Society, Our Background, https://fedsoc.org/our-background). 9 See Advisory Op. No. 93. 10 American Law Institute, About ALI, https://www.ali.org/about-ali. 11 Neil A. Lewis, A Conservative Legal Group Thrives in Bush’s Washington, New York Times (Apr. 18, 2001), https://www.nytimes.com/2001/04/18/us/a-conservative-legal-group-thrives-in-bush-s-washington.html. 12 See generally Federalist Society, Contributors, https://fedsoc.org/contributors. 13 Exposure Draft 7. 3 4.”14 To avoid any conflict with Canon 4, the commentary to Canon 5 narrowly defines a “political organization” as “a political party, a group affiliated with a political party or candidate for public office, or an entity whose principal purpose is to advocate for or against political candidates or parties in connection with elections for public office.” Canon 5’s prohibition plainly does not apply to a law-related organization like the Federalist Society. Accordingly, Federalist Society programs cannot fairly be described as “political,” especially given the diversity of views reflected by judicial and other participants. The exposure draft’s conclusions also rest on a double standard. As the draft acknowledges, the Federalist Society was formed as an alternative to the largest national voluntary bar association, the American Bar Association. Yet the Committee opposes judicial membership in the Federalist Society while permitting judicial membership in the ABA. This disparate treatment is untenable. For some time now, the ABA has taken “public and generally liberal positions on all sorts of divisive issues.”15 What’s more, the ABA does so by directly advocating for particular outcomes in particular cases.16 Not long ago, the ABA submitted an amicus brief in a pending Supreme Court case related to abortion.17 The ABA also filed amicus briefs in other contentious cases like Masterpiece Cakeshop18 and Trump v. Hawaii.19 And before that, the ABA weighed in on cases involving gender identity,20 affirmative action,21 same-sex marriage,22 and 14 Canon 5(C). 15 Adam Liptak, Legal Group’s Neutrality Is Challenged, N.Y. Times (Mar. 30, 2009), https://www.nytimes.com/2009/03/31/us/31bar.html. 16 See generally ABA, Amicus Library, https://www.americanbar.org/groups/committees/amicus/1998-present. 17 Brief for the American Bar Association as Amicus Curiae Supporting Petitioners, June Med. Servs. L.L.C. v. Gee, 140 S. Ct. 35 (mem.) (2019) (No. 18-1323), 2019 WL 6524880. 18 Brief for the American Bar Association as Amicus Curiae Supporting Respondents, Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n, 138 S. Ct. 1719 (2018) (No. 16-111), 2017 WL 5152968. 19 Brief for the American Bar Association as Amicus Curiae Supporting Respondents, Trump v. Hawaii, 138 S. Ct. 2392 (2018) (No. 17-965), 2018 WL 1605656. 20 Brief for the American Bar Association as Amicus Curiae Supporting Respondent, Gloucester Cty. Sch. Bd. v. G.G. ex rel. Grimm, 137 S. Ct. 1239 (mem.) (2017) (No. 16-273), 2017 WL 894897. 21 Brief for the American Bar Association as Amicus Curiae Supporting Respondents, Fisher v. Univ. of Texas at Austin, 136 S. Ct. 2198 (2016) (No. 14-981), 2015 WL 6754979. 22 Brief for the American Bar Association as Amicus Curiae Supporting Petitioners, Obergefell v. Hodges, 135 S. Ct. 2584 (2015) (Nos. 14-571, 14-574), 2015 WL 1045422. 4 the Second Amendment.23 In fact, over the last decade, the ABA has filed more than 100 amicus
Load more

Recommended publications
  • CAREERS DONALD SHUM ’13 Is an Associate at Cooley in New York City; ALYSSA KUHN ’13 Is Clerking for Judge Joseph F
    CAREERS DONALD SHUM ’13 is an associate at Cooley in New York City; ALYSSA KUHN ’13 is clerking for Judge Joseph F. Bianco of the Eastern District of New York after working as an associate at Gibson Dunn in New York; and ZACH TORRES-FOWLER ’12 is an associate at Pepper Hamilton in Philadelphia. THE CAREER SERVICES PROGRAM AT THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW is one of the most successful among national law VIRGINIA ENJOYS A REPUTATION FOR PRODUCING LAWYERS who master the schools and provides students with a wide range of job intellectual challenges of legal practice, and also contribute broadly to the institutions they join through strong leadership and interpersonal skills. opportunities across the nation and abroad. AS A RESULT, PRIVATE- AND PUBLIC-SECTOR EMPLOYERS HEAVILY RECRUIT VIRGINIA STUDENTS EACH YEAR. Graduates start their careers across the country with large and small law firms, government agencies and public interest groups. ZACHARY REPRESENTATIVE RAY ’16 EMPLOYERS TAYLOR clerked for U.S. CLASSES OF 2015-17 STEFFAN ’15 District Judge clerked for Gershwin A. Judge Patrick Drain of the LOS ANGELES Higginbotham of Eastern District UNITED Hewlett Packard Enterprise Jones Day the 5th U.S. Circuit of Michigan STATES Dentons Jones Day Morgan, Lewis & Bockius Court of Appeals SARAH after law school, Howarth & Smith Reed Smith Morrison & Foerster in Austin, Texas, PELHAM ’16 followed by a ALABAMA Latham & Watkins Simpson Thacher & Bartlett Orrick, Herrington & before returning is an associate clerkship with BIRMINGHAM Mercer Consulting Sullivan & Cromwell Sutcliffe to Washington, with Simpson Judge Roger L. REDWOOD CITY D.C., to work for Thacher & Gregory of the Bradley Arant Boult Morgan, Lewis & Bockius Perkins Coie Covington Bartlett in New 4th U.S.
    [Show full text]
  • For Publication United States Bankruptcy Appellate
    FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT _____________________________ BAP NO. PR 16-034 _______________________________ Bankruptcy Case No. 12-08567-MCF Bankruptcy Case No. 12-08570-MCF (Consolidated) Adversary Proceeding No. 14-00030-MCF _______________________________ COUSINS INTERNATIONAL FOOD, CORP., a/k/a IHOP Caguas, and CIF BARCELONETA CORP., a/k/a IHOP Barceloneta, Debtors. _______________________________ ENCANTO RESTAURANTS, INC., Plaintiff-Appellant, v. LUIS S. AQUINO VIDAL, OLGA M. VIDAL, HÉCTOR A. CORTÉS BABILONIA, and GUILLERMO D. RODRÍGUEZ SERRANO, Defendants-Appellees. _________________________________ Appeal from the United States Bankruptcy Court for the District of Puerto Rico (Hon. Mildred Cabán Flores, U.S. Bankruptcy Judge) _______________________________ Before Bailey, Harwood, and Fagone, United States Bankruptcy Appellate Panel Judges. _______________________________ Hermann D. Bauer Alvarez, Esq., Nayuan Zouairabani Trinidad, Esq., and Gabriel L. Olivera Dubón, Esq., on brief for Plaintiff-Appellant. Jacqueline E. Hernandez Santiago, Esq., on brief for Defendants-Appellees. _______________________________ March 21, 2017 _______________________________ Fagone, U.S. Bankruptcy Appellate Panel Judge. Encanto Restaurants, Inc. (“Encanto”), the purchaser of substantially all of the assets of the chapter 11 debtor, Cousins International Food, Corp., a/k/a IHOP Caguas (the “Debtor”), appeals from the bankruptcy court’s June 14, 2016 Opinion and Order (the “June 2016 Order”).1 Encanto also appeals from the bankruptcy court’s June 15, 2016 Judgment (the “Judgment”). By its appeal, Encanto attempts to challenge two refusals by the bankruptcy court: one relating to Encanto’s requests for relief under § 362, and a second relating to its requests for relief under a certain sale order (the “Sale Order”).2 Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s automatic stay.
    [Show full text]
  • 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.
    [Show full text]
  • The Religious Affiliations of Trump's Judicial Nominees
    The Religious Affiliations of Trump's Judicial Nominees U.S. Supreme Court Religion Federalist Society Member Neil Gorsuch Catholic/Episcopal Listed on his SJQ U.S. Court of Appeals Amul Thapar Catholic Former John K. Bush Episcopal Yes Kevin Newsom Yes Amy Coney Barrett Catholic Yes Joan Larsen Former David Stras Jewish Yes Allison H. Eid Yes Ralph R. Erickson Catholic Stephanos Bibas Eastern Orthodox Yes Michael B. Brennan Yes L. Steven Grasz Presbyterian (PCA) Yes Ryan Wesley Bounds Yes Elizabeth L. Branch Yes Stuart Kyle Duncan Catholic Yes Gregory G. Katsas Yes Don R. Willett Baptist James C. Ho U.S. District Courts David Nye Mormon Timothy J. Kelly Catholic Yes Scott L. Palk Trevor N. McFadden Anglican Yes Dabney L. Friedrich Episcopal Claria Horn Boom Michael Lawrence Brown William L. Campbell Jr. Presbyterian Thomas Farr Yes Charles Barnes Goodwin Methodist Mark Norris Episcopal Tommy Parker Episcopal William McCrary Ray II Baptist Eli J. Richardson Tripp Self Baptist Yes Annemarie Carney Axon Liles C. Burke Methodist Donald C Coggins Jr. Methodist Terry A. Doughty Baptist Michael J. Juneau Christian A. Marvin Quattlebaum Jr. Presbyterian Holly Lou Teeter Catholic Robert E. Wier Methodist R. Stan Baker Methodist Jeffrey Uhlman Beaverstock Methodist John W. Broomes Baptist Walter David Counts III Baptist Rebecca Grady Jennings Methodist Matthew J. Kacsmaryk Christian Yes, in college Emily Coody Marks Yes Jeffrey C. Mateer Christian Terry F. Moorer Christian Matthew S. Petersen Former Fernando Rodriguez Jr. Christian Karen Gren Scholer Brett Joseph Talley Christian Howard C Nielson, Jr. Daniel Desmond Domenico Barry W. Ashe Kurt D.
    [Show full text]
  • Shredding the Social Safety Net
    Shredding the Social Safety Net Introduction The coronavirus pandemic of 2020 has revealed an urgent need to shore up our nation’s infrastructure for supporting public health and welfare, as millions of Americans struggle to access health care and financial resources. Yet that infrastructure is in fact more endangered than ever – thanks in large part to a quiet right-wing revolution that has been taking place within the federal court system. Even after the current health crisis is over, this transformation will have the potential to change the nature of American life and, if it proceeds unchecked, could effectively choke off the next president’s ability to govern. Through strategic appointments to the federal bench, the far right has in recent years achieved astonishing progress toward its long-held goal to do away with a wide range of government powers and authorities that it sees as impeding the “free market.” Most alarmingly, these efforts have been focused on using the federal courts as tools to gut protections for public health, safety and welfare. It’s a plan that aims to do nothing less than to shred the social safety net that has underpinned American society for decades, including all the landmark achievements of the New Deal. No electorate would ever vote for candidates pledging to dirty the water, pollute the air, deprive senior citizens of Social Security or strip health care coverage for people with preexisting conditions. So Republicans have chosen to pursue these goals through the federal courts, which essentially allows them to achieve their ends while flying under the radar.
    [Show full text]
  • United States Court of Appeals for the Second Circuit Summary Order Rulings by Summary Order Do Not Have Precedential Effect
    20-3104-cv Marano v. Metro. Museum of Art UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 2nd day of April, two thousand twenty-one. Present: JOHN M. WALKER, JR., WILLIAM J. NARDINI, Circuit Judges, JOHN L. SINATRA, JR.* District Judge. _____________________________________ LAWRENCE MARANO, Plaintiff-Appellant, v. 20-3104-cv THE METROPOLITAN MUSEUM OF ART, Defendant-Appellee. _____________________________________ For Plaintiff-Appellant: JAMES H. FREEMAN, Liebowitz Law Firm, PLLC, Valley Stream, NY. For Defendant-Appellee: LINDA J. STEINMAN (Abigail B. Everdell, James E. Doherty, on the brief), Davis Wright Tremaine LLP, New York, NY. * Judge John L. Sinatra, Jr., of the United States District Court for the Western District of New York, sitting by designation. 1 Appeal from a judgment of the United States District Court for the Southern District of New York (Valerie E.
    [Show full text]
  • 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.
    [Show full text]
  • Florida's Supreme Court Justicew
    FLORIDA’S SUPREME COURT JUSTICES Charles T. Canady Chief Justice Justice Canady was appointed to the Florida Supreme Court in August 2008. He served as chief justice from 2010 – 2012 and, since July 1, 2018, has been serving as chief for a second time. Born in Lakeland, Florida, Justice Canady has the unusual distinction of having served in all three branches of government. Returning to Lakeland after receiving his BA from Haverford College and his JD from Yale Law School, he went into private practice, concentrating on real estate law. In 1984, he successfully ran for a seat in the Florida House and served for three terms. Then in 1993, he was elected to the US House, serving until 2001. Throughout his tenure in Congress, he was a member of the House Judiciary Committee, which sparked his interest in appellate work; he chaired the House Judiciary Subcommittee on the Constitution from 1995 to 2001. After leaving Washington, DC, he returned to Florida and settled in Tallahassee, where he served as the governor’s general counsel. In 2002, he was appointed to the Second District Court of Appeal, where he remained until his appointment to the Florida Supreme Court. Justice Canady and his wife, Jennifer Houghton, have two children. Ricky Polston Justice Justice Polston was appointed to the Florida Supreme Court in October 2008, and he served as chief justice from 2012 – 2014. A native of Graceville, Florida, Justice Polston grew up on a farm that raised peanuts, watermelon, and cattle. He began his professional life as a certified public accountant: he received his BS in accounting from Florida State University in 1977 and developed a thriving career (in fact, he is still a licensed CPA).
    [Show full text]
  • United States Court of Appeals
    United States Court of Appeals Fifth Federal Judicial Circuit Louisiana, Mississippi, Texas Circuit Judges Priscilla R. Owen, Chief Judge ...............903 San Jacinto Blvd., Rm. 434 ..................................................... (512) 916-5167 Austin, Texas 78701-2450 Carl E. Stewart ......................................300 Fannin St., Ste. 5226 ............................................................... (318) 676-3765 Shreveport, LA 71101-3425 Edith H. Jones .......................................515 Rusk St., U.S. Courthouse, Rm. 12505 ................................... (713) 250-5484 Houston, Texas 77002-2655 Jerry E. Smith ........................................515 Rusk St., U.S. Courthouse, Rm. 12621 ................................... (713) 250-5101 Houston, Texas 77002-2698 James L. Dennis ....................................600 Camp St., Rm. 219 .................................................................. (504) 310-8000 New Orleans, LA 70130-3425 Jennifer Walker Elrod ........................... 515 Rusk St., U.S. Courthouse, Rm. 12014 .................................. (713) 250-7590 Houston, Texas 77002-2603 Leslie H. Southwick ...............................501 E. Court St., Ste. 3.750 ........................................................... (601) 608-4760 Jackson, MS 39201 Catharina Haynes .................................1100 Commerce St., Rm. 1452 ..................................................... (214) 753-2750 Dallas, Texas 75242 James E. Graves Jr. ................................501 E. Court
    [Show full text]
  • AF J NOMINEE REPOR T U.S. Court of Appeals for the Eleventh Circuit
    kevin AFJ NOMINEE REPORT AFJ newsom U.S. Court of Appeals for the Eleventh Circuit WWW.AFJ.ORG CONTENTS Introduction, 1 context of newsom’s nomination, 1 biography, 2 legal career, 3 Death Penalty, 3 Civil Rights and Civil Liberties, 5 Private Practice, 7 Additional writings, 8 Conclusion, 11 WWW.AFJ.ORG PAGE 1 INTRODUCTION CONTEXT OF On May 8, 2017, President Trump nominated Kevin Newsom to the Court of Appeals for NEWSOM’S the Eleventh Circuit. Newsom’s nomination was only possible because Senators Jeff Sessions and Richard Shelby refused to return NOMINATION their blue slips for Abdul Kallon, currently a On October 26, 2013, Judge Joel Dubina federal district court judge in Alabama, whom took senior status and a vacancy arose President Obama nominated in February 2016. on the Court of Appeals for the Eleventh Judge Kallon would have been the first African Circuit. Each state in the circuit, which American to sit on the Court of Appeals from comprises Alabama, Georgia, and Florida, Alabama, yet did not even receive a hearing had at least one Republican Senator because the Judiciary Committee followed for the entirety of President Obama’s custom and did not act without the blue slips. presidency. In Florida and Georgia, senators were willing to work with the Newsom has served as Solicitor General President, and ultimately Beverly Martin of Alabama under now-federal judge (and (Georgia), Adalberto Jordan (Florida), extremely controversial nominee) William Pryor. Robin Rosenbaum (Florida), Julia Carnes As Solicitor General, Newsom had a record of (Georgia), and Jill Pryor (Georgia) were defending questionable death penalty practices confirmed to the court.
    [Show full text]
  • Trump Judges: Even More Extreme Than Reagan and Bush Judges
    Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges.
    [Show full text]
  • Spring 2021 Advocate
    SPRING EDITION 2021 VOL. 30, NO. 3 MESSAGE FROM THE PRESIDENT BY: STEVEN F. GRIFFITH, JR. I sit here, just a day after our The New Orleans Chapter’s Justice Camp is a top notch April Board meeting, and I program that we offer to young people in New Orleans find myself throwing out my each summer, with a focus on the role of the judiciary, planned remarks regarding our and all its participants (attorneys, judges, jurors, etc.). upcoming Chapter program- The program has attained national recognition, and just ming (you should still attend last week, I was communicating with a Magistrate Judge these fabulous programs, and I in another court as that Court hopes to model its program will mention them later, but my after ours. In our program, we have speakers from our mind is now on other things). organization (i.e., people like you . .) that teach the kids the fundamentals of the legal system, including ca- Several months ago, our Board began a practice of in- reers within that system, and to develop basic advocacy viting some of our partners to attend and address our skills in a fun, interesting, and interactive format. So, monthly Board meetings about their ongoing activities, back to yesterday’s meeting. priorities, challenges for the year, and ways in which our Chapter could assist their efforts. We have heard from In yesterday’s meeting, Courtney talked about her ex- West Allen, the President of the National FBA organiza- perience at Justice Camp, how much she enjoyed it, and tion; Jim Hammerschmidt, the President of the FBA Bar then she explained how excited she was to be going to Foundation; and Camille Bryant, President of the Louis college next year.
    [Show full text]