Author: Maude Carroll

On The Bench: Week February 16, 2023

Posted on by Maude Carroll

The Senate made significant progress on judicial nominees this week. As of this writing, it has confirmed 7 Article III nominees: Cindy Chung (3d Cir.) in a 50-44 vote; Judge Gina R. Méndez-Miró (D.P.R.) in a 54-45 vote; Lindsay Jenkins (N.D. Ill.) in a 59-40 vote; Matthew Garcia (D.N.M.) in a 53-46 vote; Justice Adrienne Nelson (D. Or.) in a 52-46 vote; Ana Reyes (D.D.C.) in a 51-47 vote; and Judge Daniel Calabretta (E.D. Cal.) in a 51-45 vote. This wave of confirmations continues the Biden-Harris Administration’s emphasis on confirming diverse nominees to the federal bench.

In addition to continuing to diversify the federal bench, this week saw the 100th Article III confirmation during the Biden-Harris Administration. This administration reached this milestone faster than either of the two previous administrations. For more on this milestone, check out ACS’s Fact Sheet on the topic.

On Wednesday, the Senate Judiciary Committee held a hearing for 6 Article III nominees: Michael Delaney (1st Cir.), Magistrate Judge Jeffrey Cummings (N.D. Ill.), Judge LaShonda Hunt (N.D. Ill.), Judge Marian Gaston (S.D. Cal.), Judge Wesley Hsu (C.D. Cal.), and Mónica Ramírez Almadani (C.D. Cal.). The six nominees are now eligible for a committee vote.

On Thursday, the committee held an executive business meeting where it held over 5 Article III nominees: Charnelle Bjelkengren (E.D. Wash.), Orelia Merchant (E.D.N.Y.), Magistrate Judge Matthew Brookman (S.D. Ind.), Michael Farbiarz (D.N.J.), and Judge Robert Kirsch (D.N.J.). The nominees will likely receive a committee vote at the next Senate Judiciary executive business meeting.

As of February 16, there are 108 Article III vacancies, 83 of which are current. There are 44 pending nominees: 31 waiting for floor votes, 11 waiting to be reported out of the Senate Judiciary Committee, and 2 waiting for hearings before the Committee. To date, 105 Article III judges have been confirmed during the Biden-Harris Administration.

New York Law School

Posted on by Maude Carroll

The New York Law School ACS Chapter is thrilled to be recognized as Student Chapter of the Week!

The NYLS ACS chapter kicked off the fall term with their school’s first organization fair in person since COVID. Their president was also honored to speak on a student/faculty Constitution Day panel regarding the state of American Democracy. They had the privilege of bringing a wide variety of speakers to foster discussions among students and faculty. At their first general body meeting of the year, they discussed ACS National’s annual SCOTUS term preview. They kept the energy going by co-sponsoring an event on the future of reproductive rights in America and bringing in a legal fellow from the Center for Reproductive Rights.

They facilitated a fireside chat with Brian Ginsburg, a former New York Assistant Solicitor General, and a discussion with the NYLS Jewish Law Students Association titled “Hate Speech: Why What Hurts Some Hurts Us All.” They co-hosted a screening of “Vote NO!” a one-man play about the Constitution’s ratification, with writer and NYLS Professor Emeritus Robert Blecker. They also ran an exclusive screening and talk for Meltdown: Three Mile Island with one of their adjunct faculty, who led the litigation efforts to keep the nuclear facility shut after the infamous 1979 meltdown. The fall semester ended with a discussion on gun control with fellows from Everytown for Gun Safety.

Additionally, the chapter was excited to spend election day at a watch party with other New York City ACS law students sponsored by the ACS NYC Lawyer Chapter. As NYLS looks toward the spring semester, the chapter hopes to continue fostering a close relationship with other local chapters and coming together to facilitate discussions about progressive public policies.

They would like to thank faculty advisor Doni Gewirtzman for his support!

Learn more about Student Chapters of the Week »

On The Bench: Week February 9, 2023

Posted on by Maude Carroll

The Senate finally confirmed the first judicial nominee of this Congress: DeAndrea Benjamin (4th Cir.) in a 53-44 vote. Benjamin continues the trend under the Biden-Harris Administration of confirming women of color to the U.S. circuit courts. As of this writing, the Senate also invoked cloture on Cindy Chung (3d Cir.), setting up a potential confirmation vote as early as next week.

On Thursday, the Senate Judiciary Committee held an executive business meeting. At the meeting, the Committee voted to advance 22 Article III nominees and revoted on 2 Article III nominees from the prior executive business meeting. The 24 Article III nominees were: Nancy Abudu (11th Cir.), Rachel Bloomekatz (6th Cir.), Anthony Johnstone (9th Cir.), Julie Rikelman (1st Cir.), Magistrate Judge Robert Ballou (W.D. Va.), Judge Todd Edelman (D.D.C.), Judge Colleen Lawless (C.D. Ill.), Justice Myong Joun (D. Mass.), Nusrat Choudhury (E.D.N.Y.), Natasha Merle (E.D.N.Y.), Jessica Clarke (S.D.N.Y.), Kymberly Evanson (W.D. Wash.), Magistrate Judge Gordon Gallagher (D. Colo.), Magistrate Judge Jonathan Grey (E.D. Mich.), P. Casey Pitts (N.D. Cal.), Magistrate Judge Ramon Reyes (E.D.N.Y.), Arun Subramanian (S.D.N.Y.), Dale Ho (S.D.N.Y.), Judge Hernán Vera (C.D. Cal.), Judge Kenly Kato (C.D. Cal.), Julia Kobick (D. Mass.), Judge Rita Lin (N.D. Cal.), Judge James Simmons Jr. (S.D. Cal.), and Magistrate Judge Andrew Schopler (S.D. Cal.). All 24 nominees are eligible for consideration from the full Senate.

Judge Joseph Greenway Jr. (3d Cir.) has announced his intention to retire this June. This is the thirteenth vacancy at the circuit court level.

As of February 9, there are 114 Article III vacancies, 87 of which are current. There are 51 pending nominees: 38 waiting for floor votes, 5 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 98 Article III judges have been confirmed during the Biden-Harris Administration.

Duke University School of Law

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The Duke University School of Law ACS Chapter is honored to be recognized as Student Chapter of the Week!

During the fall semester, they hosted Professor Mark Graber to discuss his book, The Forgotten Fourteenth Amendment, and Vox Senior Correspondent Ian Millhiser to discuss the troubled history of the Supreme Court. In advance of the November midterms, they conducted a voter registration drive alongside You Can Vote, DBA, North Carolina Club, ACLU, and GPS. They were also honored to host a candidate forum of North Carolina Supreme Court candidates. They also held a series of Docket Discussions, where professors and other experts discussed some of the pressing cases on the Supreme Court’s docket in advance of oral arguments, including the Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Students for Fair Admissions cases, and Moore v. Harper.

This semester, they look forward to hosting Professor Anthony Michael Kreis, Professor Sharon Block, Fourth Circuit Court of Appeals Judge Heytens, Third Circuit Court of Appeals Judge Restrepo, and recently retired North Carolina Supreme Court Justice Hudson.

The chapter is led by Paul Finkelstein, Ben Tice, Dexter Hamilton, Emma Kilroy, Jack Wasserman, Scott Anderson, Caroline Tervo, Gregg Cornett, Hamza Chaudhry, John McDaniel, Lauryn Khaw, Leah Korn, Lily Talerman, Rohan Gohel, and Samara Jacobson.  They would like to thank its members and their faculty advisors, Professor Neil S. Siegel and Professor Joseph Blocher, for their continued support!

Learn more about Student Chapters of the Week »

Southwestern Law School

Posted on by Maude Carroll

The Southwestern Law School ACS chapter is humbled and honored to be chosen as the ACS Student Chapter of the Week.

Southwestern Law School’s ACS student chapter was re-chartered for the 2022-2023 school year after several years of inactivity, and quickly grew to 59 members in its first semester.

During this past semester, the Southwestern ACS student chapter was privileged to co-sponsor a Constitution Day event with the Office of the President and Dean of Southwestern Law School. The event discussed the dangers of originalist Constitutional interpretation from renowned legal scholar and educator Erwin Chemerinsky.

In addition, the chapter sponsored a “Constitutional Conversations” event where Sophia Lin Lakin, with the ACLU’s Voting Rights Project, discussed the protections of the 15th Amendment amid the recent efforts to suppress voting rights.

As a compliment to ACS’s “Run. Vote. Work.” project, the Southwestern ACS Student Chapter partnered with the law school’s Public Service Program to provide law students an opportunity to receive pro bono hours as election protection poll monitors for California Common Cause on Election Day 2022.

Plans for this spring semester include: co-sponsorships of panel events on the crisis of housing and homelessness in Los Angeles with the student chapters of the National Lawyers Guild and the Homelessness Prevention Law Project; participation with student groups that form the Southwestern Law School Public Service Coalition in a public interest externship day; and a continuation of the “Constitutional Conversations” events that focus on legal experts presenting the real life legal challenges that result from recent SCOTUS decisions.

The Chapter is extremely grateful to Faculty Advisor Richard Jolly for his support in restarting the chapter!

Learn more about Student Chapters of the Week »

On The Bench: Week January 26, 2023

Posted on by Maude Carroll

Earlier this week, the White House published the latest list of judicial renominations. The slate included nearly every nominee who was still pending at the end of the last Congress. Two nominees were not renominated: Judge William Pocan (E.D. Wis.) and Jabari Wamble (10th Cir.). In speaking with the press, the White House indicated that, while it will not be renominating Pocan at this time, it does expect to renominate Wamble at a later date.

The Senate Judiciary Committee resumed judicial nominations activity this week. On Wednesday, the Committee held the first hearing of the new Congress. The hearing had five Article III nominees: Charnelle Bjelkengren (E.D. Wash.), Orelia Merchant (E.D.N.Y.), Magistrate Judge Matthew Brookman (S.D. Ind.), Michael Farbiarz (D.N.J.), and Judge Robert Kirsch (D.N.J.). All five nominees are now eligible for a committee vote.

On Thursday, the Committee held the first executive business meeting of the session. The Committee held over 25 Article III nominees who had been renominated by the White House. These nominees could receive a committee vote as soon as next Thursday.

Judge William Orrick III (N.D. Cal.) has announced his intention to take senior status this May. This is the fourth vacancy on the U.S. District Court for the Northern District of California.

As of January 26, there are 113 Article III vacancies, 85 of which are current. There are 48 pending nominees: 0 waiting for floor votes, 44 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 97 Article III judges have been confirmed during the Biden-Harris Administration.