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Thread: United States Courts of Appeals

  1. #111
    Senior Member CnCP Legend Mike's Avatar
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    Senate confirms two more of Trump’s judicial picks to the 7th Circuit

    By Alex Swoyer
    The Washington Times

    The Senate confirmed two more of President Trump’s judicial nominees to the 7th U.S. Circuit Court of Appeals on Monday.

    In a 90-0 vote, Michael Scudder, a Chicago-based lawyer, was cleared and Amy St. Eve, a judge for the Northern District of Illinois, was confirmed by a 91-0 vote.

    The Senate plans to vote on the confirmation of two other judicial nominees, one for the 6th and one for the 10th circuit, on Tuesday in a push by Senate Majority Leader Mitch McConnell, Kentucky Republican, to reshape the federal bench.

    If the Senate also confirms Mr. Trump’s two nominees on Tuesday, he will have had 21 judges confirmed to the circuit courts since his inauguration.

    Mr. Trump already placed two other nominees on the 7th Circuit since taking office, which will now have nine active judges appointed by Republican presidents compared to only two active judges appointed by Democrats.

    Michael Brennan was confirmed last week, while Amy Coney Barrett was confirmed in October to the court.

    https://www.washingtontimes.com/news...es-confirmed-/

    And that concludes the 7th. The 4 empty seats have been filled.
    Last edited by Mike; 05-15-2018 at 10:07 AM.

  2. #112
    Administrator Aaron's Avatar
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    Joel M. Carson III was confirmed by a 77-21 vote to the Tenth Circuit yesterday.

    https://www.senate.gov/legislative/L...n=2&vote=00094

    Also yesterday, John Nalbandian was confirmed to the Sixth Circuit by a 53-45 vote.

    https://www.senate.gov/legislative/L...n=2&vote=00095
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  3. #113
    Senior Member Member Shep3's Avatar
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    Excellent oldham and Bennett should be confirmed soon and he's got several more coming good trump.

  4. #114
    Senior Member CnCP Legend FFM's Avatar
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    Diana Murphy, Eighth U.S. Circuit Court of Appeals judge, dies at 84

    Diana E. Murphy, the first woman appointed to the bench of the Eighth U.S. Circuit Court of Appeals and the only woman to serve on that bench for 19 years, died late Wednesday afternoon at her home in Minneapolis. She was 84.

    Murphy was a tireless advocate for education, champion for women lawyers and judges and a civic powerhouse.

    She had taken senior judge status on the Eighth Circuit in 2016 — a form of semiretirement for judges, but continued to work through April.

    She planned to fully retire effective in July. She suffered from long-term health problems, including heart and rheumatoid arthritis, her family said Wednesday night.

    Murphy's landmark cases as a federal judge spanned from corporations to American Indian tribal treaties. She counted justices of the U.S. Supreme Court and Minnesota Supreme Court among her friends, mentors and mentees.

    Murphy also had great influence as chair of the U.S. Sentencing Commission from 1999 to 2004.

    In a letter to Murphy in April, Eighth Circuit Judge Roger Wollman wrote, "It has been a great honor to serve with you, Diana … I will always remember your great sense of humor and calm-inducing personality and marvel and envy your prodigious capacity for work."

    But her original life course was not to be a judge or even a lawyer but rather history, her family said.

    She graduated from St. Paul Central High School at age 16 and headed to the University of Minnesota, where she majored in Central European Area Studies. She went on to win a Fulbright scholarship for graduate school to study at the Johannes Gutenberg University in Mainz, Germany, where she met her husband, Joseph Murphy. After getting married, she stayed home to raise their two sons.

    In 1971, she returned to study law at the University of Minnesota, where she was editor of the Law Review. She worked as a litigator for the firm of Lindquist and Vennum before becoming a judge in Hennepin County Municipal Court, then District Court from 1976 to 1980.

    She was appointed a federal judge for the district of Minnesota in 1980 and to the Eighth Circuit Court of Appeals in 1994. She was the only woman on that federal appellate bench until 2013.

    "She was very dedicated to education and took great pride in mentoring her law clerks during the 38 years as a federal judge," said her son, John Murphy of North Oaks. Among those mentees was Margaret Chutich, now an associate justice of the Minnesota Supreme Court.

    Murphy was chair of the University of Minnesota Foundation, the University of St. Thomas Board of Trustees and heavily involved in numerous other civic organizations.

    Besides John, survivors include a son Michael of Duluth; her sister, Brenda Montomura of San Francisco, and two granddaughters.

    Services are pending.

    http://www.startribune.com/appeals-c...ies/482880411/

  5. #115
    Administrator Helen's Avatar
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    Jeff Flake: I Will Block Trump Judicial Nominees Until GOP Votes on Tariffs

    The move largely takes aim at Senate GOP leaders like Mitch McConnell who have thus far prevented a vote on restricting Trump’s tariff-imposing powers

    By Andrew DeSiderio
    The Daily Beast

    Sen. Jeff Flake (R-AZ) confirmed Tuesday that he plans to block President Donald Trump’s judicial nominees until Senate Republican leaders allow a vote on legislation aimed at restricting the president's authority to impose tariffs.

    “We need to vote on tariffs,” Flake told The Daily Beast. “I’m committed to getting a vote on tariffs. That’s all I’ll say."

    Flake sits on the Senate Judiciary Committee, which has jurisdiction over the president’s judicial nominees. But Republicans only have an 11 to 10 majority on that panel, meaning that if Flake votes with Democrats to block nominations, the Senate’s calendar would essentially grind to a halt. It would also present a political headache for Senate GOP leaders, who have touted the record pace of judicial confirmations under Trump.

    “I do think that unless we can actually exercise something other than just approving the president's executive calendar, his nominees, judges, that we have no reason to be there,” Flake said Sunday on ABC’s This Week, previewing his ultimate decision to vote with Democrats in preventing judicial nominees from receiving a vote on the Senate floor.

    The Arizona senator, like many of his GOP colleagues, has long opposed the president's trade policies, including his recent decisions to impose tariffs on U.S. allies.

    Sen. Bob Corker (R-TN) drafted a bipartisan bill that would restrict Trump’s ability to impose some tariffs. It would require congressional approval for any tariffs designated under the president’s national security authority. But Republican leaders on both sides of the Capitol have balked at the legislation in part because they say they are wary of picking a fight with Trump ahead of the midterm elections.

    Republican senators emerging from their weekly policy lunch on Tuesday indicated that lawmakers were discussing whether to attach Corker’s bill as an amendment to the farm bill, which the Senate is voting on this week.

    https://www.thedailybeast.com/jeff-f...tes-on-tariffs
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  6. #116
    Administrator Moh's Avatar
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    Senate Confirms Former Hawaii AG as First Trump Appointee to the Ninth Circuit

    Mark Bennett, who will maintain chambers in Honolulu, was confirmed in a bipartisan 72-27 vote.

    By Ross Todd
    The Recorder

    Mark Bennett, the former Hawaii attorney general, was confirmed to the U.S. Court of Appeals for the Ninth Circuit Tuesday, making him the first appointee of President Donald Trump to be seated on the nation’s largest federal appellate court.

    Bennett, who served as the state’s attorney general from 2003 to 2010, practiced complex civil and appellate litigation at Honolulu law firm Starn O’Toole Marcus & Fisher after leaving office. He fills the seat vacated when Ninth Circuit Judge Richard Clifton, who sits in Honolulu, took senior status at the end of 2016.

    Bennett, who was nominated to the Ninth Circuit by Trump in February, saw his nomination breeze through the closely divided U.S. Senate thanks to his relative old age for an appellate nominee—he’s 65 years old—and the support he had from Hawaii’s two Democratic senators, Brian Schatz and Mazie K. Hirono.

    Schatz said in a statement Tuesday that he was pleased that Bennett received “a decisive bipartisan vote.”

    “This is the way the process is supposed to work,” Schatz said. “I’ve known Mark for many years, going back to when I served in the Hawai‘i state Legislature and he served as the state attorney general. Even though we were on different sides of the aisle, Mark was never difficult to work with, because he never had a partisan agenda. Instead, he approached every issue by focusing on the substance and how we could make things better for Hawai‘i.”

    Hirono, in her own statement, called Bennett “one of the best qualified lawyers in the state of Hawai‘i.”

    Said Hirono: “I have every confidence that Mark will put his skills and experience to good use on the bench as a fair and impartial judge, beholden to nothing but the law and the Constitution.”

    https://www.law.com/therecorder/2018...ninth-circuit/

  7. #117
    Senior Member CnCP Legend Mike's Avatar
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    I'm wondering if the vote that occurred to today, was designed to go under the radar of everyone else since most people are still frothing over the new SCOTUS pick.

  8. #118
    Senior Member Frequent Poster johncocacola's Avatar
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    It may have also been to get around Arizona Senator Jeff Flake who has said he will hold up Trump's judicial nominees until he gets a vote on tariffs. Without him, the democrats could defeat a nominee.

  9. #119
    Administrator Moh's Avatar
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    Senate Narrowly Confirms Fifth Circuit Nominee

    By Tim Ryan
    Courthouse News Service

    WASHINGTON – The Senate on Wednesday narrowly confirmed an attorney in the Texas governor’s office to a position on the Fifth Circuit.

    Andrew Oldham currently serves as general counsel to Texas Gov. Greg Abbott, having previously worked as the state’s deputy solicitor general. That position put Oldham at the center of a number of high-profile legal disputes touching on issues ranging from abortion to gun rights to immigration.

    A member of the conservative Federalist Society, Oldham was the top lawyer on Texas’ challenge to the Obama administration action extending protections from deportation to people in the country illegally who had children who were citizens or legal permanent residents. The program, known as DAPA, never went into effect after a federal court injunction.

    Oldham also worked on challenges to Obama-era environmental regulations and joined a friend of the court brief on behalf of Texas in the Supreme Court case that struck down a provision of the Voting Rights Act.

    During his nomination hearing in April, Oldham explained to senators that he took the positions he did in court not necessarily because he personally agreed with them, but because it was his job as an advocate for the state to do so.

    “Those are fundamentally very, very different jobs,” Oldham told the Senate Judiciary Committee in April. “The role of an advocate is to zealously advocate for a client’s position, to serve a client’s interests even when they’re different from the advocate’s. The role of a jurist is fundamentally different.”

    Supporters of Oldham say he is a capable, hard-working lawyer who is qualified for a seat on the appellate court despite his young age. Sen. Ted Cruz, R-Texas, said in a speech on the Senate floor just before Wednesday’s vote that Oldham “represents the best of what Texas’ legal community has to offer to our federal courts.”

    “He is devoted to the practice of law and over the years Andy has displayed a keen understanding of the Constitution, how it applies and guides us to this very day,” Cruz said. “I am confident that Andy will not substitute his own policy preferences, his own opinions for the rule of law, but he will instead serve the people of Texas and the American people by respecting the law as written – as written in the Constitution and as written in federal law passed by this Congress and signed by the president.”

    But some have raised questions about his work in the courtroom, saying it will be hard for him to so easily abandon the positions he argued in court when he moves to the other side of the bench.

    Austin, Texas criminal defense attorney Joseph Turner worked against Oldham during the appeal of Colton Pitonyak, who was convicted of murdering Jennifer Cave in 2005 in a crime that became the subject of the true crime novel “A Descent Into Hell.” Turner said Oldham’s work in that case leads him to believe he will give more weight to the government as a judge.

    “He hasn’t proven to me, let’s put it that way, that he’s going to give criminal defendants a fair shot,” Turner said in an interview shortly after Oldham cleared the Judiciary Committee.

    Oldham cleared the Senate on a 50-49 vote Wednesday afternoon. He is the second circuit court judge the Senate has confirmed since Sen. Jeff Flake, R-Ariz., threatened to block President Donald Trump’s appeals court picks over his opposition to the president’s tariffs policy.

    Flake held up the confirmation of nominees to federal appeals courts for weeks in the Senate, with only Ninth Circuit nominee Mark Bennett receiving approval on the back of unanimous support from Democrats that made the Arizona Republican’s vote unnecessary for confirmation.

    The Senate last week approved a non-binding resolution requiring Trump to receive approval from Congress before imposing tariffs on national security grounds. Flake dropped his hold on Trump’s judges following the vote.

    https://www.courthousenews.com/senat...rcuit-nominee/

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