Legal Beat

Senate Confirms First Circuit Court Judge

2009-09-17T20:10:23Z

The Senate confirmed President's Obama's first circuit court nominee to the bench today, voting 94-3 to send Gerard Lynch of New York to the U.S. Court of Appeals for the 2nd Circuit.

Voting no were Republicans Jim Bunning of Kentucky and Oklahomans Tom Coburn and James M. Inhofe.

As was the case last week when the Senate Judiciary Committee approved two judicial nominees on the first try, Chairman Patrick J. Leahy, D-Vt., could not resist castigating Republicans for delaying judicial nominations.

]]> "We should not have to overcome filibusters and spend months seeking time agreements to consider these (non-controversial) nominations," said Leahy, who, of course, led numerous filibusters himself when Democrats objected to nominees sent up by former Republican President George W. Bush.

Nor could Jeff Sessions of Alabama, the panel's top Republican, resist the chance to decry judicial activism when he rose to speak about the nomination on the Senate floor.

Obama has made eight circuit court nominations so far, but only three are pending on the Senate's calendar awaiting a vote, including his first nominee: David Hamilton of Indiana to the Seventh Circuit.

Possible Movement on First Appellate Nomination

2009-09-15T20:12:32Z

Senate Democrats are are trying to get a unanimous consent agreement for the Senate to debate and vote on the nomination of Gerard Lynch to the U.S. Court of Appeals for the 2nd Circuit.

Lynch's nomination is relatively non-contentious. The Senate Judiciary Committee approved the nomination by voice vote on June 11.

There are four appellate court nominations, including Lynch's, and one district court nomination pending on the Senate's executive calendar.

]]> Lynch, currently a New York federal district judge, also served as a clerk to former Justice William J. Brennan Jr. At Lynch's Senate Judiciary confirmation hearing in May, Alabama Republican Sen. Jeff Sessions made it clear that he disagreed with Brennan's jurisprudence.

Official Cites Case Overload, Says More Judges Needed

2009-09-15T19:13:31Z

The need for more federal judges was the topic at a news conference Tuesday with Anthony J. Scirica, executive committee chairman of the Judicial Conference.

Scirica, who serves on the 3rd Circuit appeals court, said that since 1990 -- the last time Congress enacted a major judgeship bill -- appellate court caseloads have gone up by 45 percent, and district court caseloads have gone up 27 percent. Scirica said there has been a "huge influx" of immigration appeals to circuit courts, and that "border courts," such as the Southern and Western districts of Texas have seen a big jump in cases.

Senate Judiciary Chairman Patrick J. Leahy has introduced a bill that would create dozens of new appellate and district court judgeships.

]]> "Judges are working extremely hard," Scirica said. He said that the current workload means civil cases often have to wait because judges are so busy with criminal cases.

Scirica said several lawmakers, including Leahy, D-Vt., Alabama Republican Jeff Sessions, and House Judiciary chairman John Conyers Jr., D-Mich., spoke at the Judicial Conference's biannual meeting, as did Attorney General Eric H. Holder Jr.

Scirica said that the subject of a major salary increase for federal judges -- or "pay restoration," as he put it -- was discussed, but signaled that lawmakers appear to be waiting for the economy to improve before taking action.

New Stamps Will Honor Former Justices

2009-09-15T14:20:19Z

The U.S. Postal Service plans to issue a panel of four stamps honoring former Supreme Court justices Joseph Story, Louis D. Brandeis, Felix Frankfurter and William J. Brennan Jr.

The Postal Service and the Supreme Court will commemorate the first day of issue on Sept. 22, with an event at the Supreme Court featuring Chief Justice John G. Roberts Jr. and Postmaster General John E. Potter.

Obama Taps Virginia Justice for 4th Circuit

2009-09-14T21:28:16Z

President Obama has nominated Virginia Supreme Court Justice Barbara Milano Keenan for a seat on the 4th Circuit appeals court.

"Justice Keenan has a long and distinguished record of service on the bench," Obama said. "She was the first female judge elected in the state of Virginia and the only woman appointed to the Virginia Court of Appeals upon its creation. Her commitment to fairness and judicial integrity has been unwavering throughout her career, and I am honored to nominate her today to serve on the United States Court of Appeals."

There are five vacancies on the 15-member 4th Circuit, which has a reputation for being the most conservative appellate bench in the country. Obama has nominated one other 4th Circuit candidate, Andre M. Davis. The full Senate has not yet taken up Davis' nomination.

Asian American Judge to be Elevated to Second Circuit

2009-09-10T15:33:44Z

Denny Chin, a federal District Court judge in Manhattan, is expected to be nominated to the U.S. Court of Appeals for the 2nd Circuit, The New York Times reported Thursday.

Chin would be the only Asian American judge on any Circuit Court, which has been the case since A. Wallace "Wally" Tashima, a judge on the Ninth Circuit, took senior status in 2004. As we noted in February, Asian American legal groups have been pressing the Obama administration to change that.

Obama has nominated three Asian Americans to seats on California District Courts: Edward Milton Chen, Dolly Gee and Jacqueline Nguyen.

Senate Judiciary Moves Two Judicial Nominees

2009-09-10T15:09:09Z

In an uncharacteristic display of goodwill, two judicial nominees advanced out of the Senate Judiciary Committee Thursday on the first day on which they appeared on the agenda.

The committee approved the nominations of Beverly B. Martin of Georgia to the U.S. Court of Appeals for the 11th Circuit and Jeffrey L. Viken to be a district judge for the District of South Dakota. Viken is the first of President Obama's District Court nominees to advance out of the Judiciary Committee. As Jeff Sessions of Alabama, the panel's ranking Republican, noted, nominations are almost always held over for a week rather than being approved on the first try.

Martin, a district Judge in Georgia nominated by President Clinton in 2000, was previously an assistant U.S. attorney and the U.S. attorney for the Middle District of Georgia. Viken is currently the federal public defender for North Dakota and South Dakota.

]]> The two judicial nominations were approved by voice vote along with a group of four U.S. attorney nominees. One of those nominees -- Daniel G. Bogden of Nevada -- would be returning to a job he's already held. Bogden was among nine U.S. attorneys whose dismissals eventually prompted the resignation of Attorney General Alberto R. Gonzales.

Another of the U.S. attorney nominees, Neil H. MacBride of the Eastern District of Virginia, is a former Senate Judiciary Committee staffer who worked for Joseph R. Biden Jr., D-Del., now the vice president.

Sotomayor Signals Support For Corporate Campaign Spending Rules

2009-09-09T17:13:54Z

In her first oral argument session since joining the Supreme Court, Justice Sonia Sotomayor signaled today that she does not agree that corporations should be allowed a freer hand to spend money to influence elections.

The case, Citizens United v. Federal Election Commission, started as a non-profit corporation's challenge to restrictions in the 2002 McCain-Feingold campaign law to "electioneering conmunications" paid for out of corporate or union general treasury funds within 30 days before a primary or 60 days before a general election. Before Sotomayor joined the court, it broadened the case to consider whether to overturn two major campaign finance precedents.

Sotomayor sat quietly through almost a third of the session, before asking former Solicitor General Theodore B. Olson whether the plaintiff's side was "giving up on your earlier arguments" that the court could rule for the plaintiff without overturning the precedents.

Sotomayor said that a "difficulty" she had was that "we don't have any record developed below" on the question of voiding the precedents.

]]> As the court's most junior justice, Sotomayor occupied the seat on the bench farthest to the left of the center seat occupied by Chief Justice John G. Roberts Jr. She asked fewer questions than most of the other justices -- except Clarence Thomas, for whom absolute silence during oral arguments is a point of pride.

Later in the argument, Sotomayor observed aloud, regarding past court decisions that held corporations to be persons in many legal respects -- including eligibility for free speech protections -- that there could be an argument made that " that was the court's error to start with."

Leahy Wants More Judges

2009-09-08T20:22:43Z

Senate Judiciary Chairman Patrick J. Leahy dropped a bill today that would create dozens of new appellate and district court judgeships.

"After years of debate and federal courts struggling to adjudicate cases despite the overwhelming burden of heavy caseloads, the time to enact a comprehensive federal judgeship bill is long overdue," Leahy said.

The legislation would establish four new judgeships on the 9th Circuit; two on the 2nd Circuit; and one judgeship each in the 1st, 3rd and 6th Circuit courts. It would create one temporary slot on the 3rd, 8th and 9th Circuit benches. The bill also would establish 38 permanent new district court seats across the country.

]]> The last major legislation on federal judgeships was enacted in 1990. And it could be a while longer before the next one is signed into law. Senate Republicans are not likely to allow legislation giving President Obama a whole bunch of new federal court seats to fill to get through the chamber without a fight.

Sotomayor Formally Takes Seat On Supreme Court

2009-09-08T19:34:34Z

CQ's White House reporter, Adriel Bettelheim, who did pool duty today for the press corps covering President Obama, filed this report on Justice Sonia Sotomayor's investiture ceremony at the Supreme Court:

In the courtroom, Obama and Vice President Joseph R. Biden Jr. sat next to each other in two black chairs in the first row, to the right of center as one faces the bench. These chairs are normally used by court officers and retired justices during oral arguments. Recently retired Associate Justice David H. Souter could be seen in the same row.

Your pool reporter's view during the eight-minute ceremony was almost entirely obscured by maroon and gold curtains and large security personnel. Relying on glimpses and an account by the court's public information office, Sotomayor was escorted by the clerk of the court to the well of the courtroom, where she sat in the chair occupied by Chief Justice John Marshall during the early 19th century. Attorney General Eric H. Holder Jr. and Solicitor General Elena Kagan were seated at counsel's tables in front of the bench. The AG moved to have Sotomayor's commission read by the clerk.

]]> Next, the deputy clerk escorted Sotomayor to the center of the bench, and all the justices stood. Chief Justice John G. Roberts Jr. administered the judicial oath (Sotomayor already had been officially sworn in so she could begin work on this term's cases). Then, the new justice was escorted to her seat on the far right of the bench, next to Stephen G. Breyer.

"We wish you a long and happy career on our common calling," Roberts said.

"Thank you," Sotomayor replied.

Senate Judiciary Turns To Lower Court Nominees

2009-09-08T15:10:19Z

After spending June and July on Sonia Sotomayor's successful nomination to the Supreme Court, the Senate Judiciary Committee will resume processing lower court nominations in earnest this week.

On Wednesday, the committee plans to hold a confirmation hearing for 3rd Circuit nominee Joseph A. Greenaway Jr., of New Jersey; and district court nominees Roberto A. Lange of South Dakota, Irene Cornelia Berger of West Virginia and Charlene Edwards Honeywell of Florida.

The next day, the committee is scheduled to vote on the nominations of Beverly Baldwin Martin of Georgia for the 11th Circuit, and Jeffrey L. Viken to be a South Dakota district judge. The committee held a confirmation hearing for Martin and Viken on July 29, the day after it voted to approve Sotomayor's nomination. Georgia Republicans Saxby Chambliss and Johnny Isakson both testified in favor of Martin's nomination.

Nevertheless, committee Republicans are expected to postpone consideration of the Martin and Viken nominations for a week, as provided for under committee rules.

]]> In part because Sotomayor's nomination crowded out action on other nominees, the Senate has not confirmed any of President Obama's nominees to appellate or district courts. So far, the committee has reported three nominations to the full Senate: David F. Hamilton for the 7th Circuit, Andre M. Davis for the 4th Circuit, and Gerard E. Lynch for the 2nd Circuit.

Formal Investiture For Justice Sotomayor Today

2009-09-08T14:52:12Z

The Supreme Court will conduct a formal investiture ceremony for Justice Sonia Sotomayor this afternoon in its courtroom.

President Obama and Vice President Joseph R. Biden Jr. are scheduled to attend. Sotomayor and Chief Justice John G. Roberts Jr. will walk down the front steps of the Supreme Court building at about 2:15 p.m., and pose briefly for photographs, along with members of Sotomayor's family.

The newest justice has already been on the job for a month, since getting sworn in on Aug. 8 in a private ceremony at the court. She will be on the bench for Wednesday's oral argument in a high-stakes campaign finance case.

High Court To Release Audio Of Campaign Finance Case

2009-09-04T17:51:55Z

The Supreme Court announced Friday that it would rush the release of an audio recording of its unusual Sept. 9 session, in which the court will hear a second round of argument in a high-stakes campaign finance case.

As it has gotten in the habit of doing in major cases, the court will release the recording soon after the session concludes. The case is Citizens United v. Federal Election Commission.

The justices -- including the court's newest member, Sonia Sotomayor -- are trying to decide whether to overturn of two of its campaign finance precedents, which would loosen restrictions on corporate political spending.

Is Stevens Next to Go?

2009-09-02T14:42:05Z

Justice John Paul Stevens has only hired one clerk for the Supreme Court term starting in October 2010, generating new speculation that he might be planning to retire next year.

The Associated Press reported Wednesday that the 89-year-old justice has hired one clerk for the October 2010 term rather than the full contingent of four.

Since justices give few public indications of their future plans, clerk hiring, which is done well in advance, is one of the only tea leaves to read. Retired justices are only entitled to one clerk.

CIA Holds Back Interrogation Records In FOIA Case

2009-09-01T20:31:26Z

The CIA told a federal court on Monday that it would not turn over a slew of documents related to the George W. Bush administration's controversial detainee interrogation program.

Last week, the Justice Department released a redacted CIA report from 2004, and hundreds of pages of other records, that had been sought by the American Civil Liberties Union in Freedom of Information Act (FOIA) litigation. That material fueled calls by Democrats and liberal activists for a full investigation of the interrogation program.

But the administration on Monday told New York district judge Alvin K. Hellerstein that it would not hand over other records related to the interrogation program, which critics say amounted to torture.

]]> "The documents at issue contain information that implicates intelligence activities, sources, and methods, and information relateing to the foreign relations and activities of the United States," CIA official Wendy M. Hilton said in a declaration filed at the court. "This information is classified, as its unauthorized disclosure could reasonably be expected to result in serious or exceptionally grave damage to the national security."

Long described the records in question as mostly related to "closed investigations" by the CIA into "alleged improprieties in the treatment of detainees in Iraq and Afghanistan."

The ACLU said the records in question include a presidential directive authorizing secret CIA prisons for detainees, known as "black sites."

"The American public has a right to know the full truth about the torture that was committed in its name," said Alex Abdo, a legal fellow with the ACLU's National Security Project.

Attorney General Eric H. Holder Jr. has commissioned a preliminary probe into conduct that fell outside guidelines established by the Bush Justice Department.