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longwinded Donating Member (36 posts) Send PM | Profile | Ignore Thu Jul-22-10 04:44 AM
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Potential Obama judicial nominations before 111th congress ends
July's not over yet, but there's been a fair amount of movement on the judicial nominations front in the last few weeks. As I previously mentioned (http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8697702), I held out some hope that Victoria Nourse would be nominated to the 7th Circuit this month, and she was. We also saw nominations for both Oregon district court vacancies (Marco Hernandez and Michael Simon, both recommended in July 2009), a sign that the Texas power struggle for judicial recommendations is easing somewhat (Diana Saldana nominated to Laredo seat in Texas, and being lauded by Repub Sen. John Cornyn), and the nominations of Steve C. Jones, Beryl A. Howell, Charles B. Day (recommended in December 2009), and Kathleen M. Williams (recommended in July 2009).

With the August recess looming and the November elections right around the corner, I think it's extremely unlikely that we see any more circuit court nominations the remainder of this congress. But if any appeals court nominations were to be made, it would likely be to fill the third Federal Circuit vacancy (the White House has already vetted many nominees, and this circuit is generally seem as the least political/controversial), or Caitlin Halligan for the D.C. Circuit (there's no chance she'd be confirmed this congress, but D.C. Circuit nominations can languish for quite a long time; the White House might want to start the clock ticking asap).

As for district court nominations, I expect we'll see at least a few more, but I continue to hold out some hope that we'll see a big wave of nominations in the next few weeks.

Arkansas
o Recommendations by Sens. Blanche Lincoln and Mark Pryor: http://lincoln.senate.gov/newsroom/2009-03-12-3.cfm ; http://lincoln.senate.gov/newsroom/USAttorneys-USMarshals.cfm ; http://pryor.senate.gov/newsroom/details.cfm?id=320883
o Eastern District of Arkansas (James M. Moody's old seat): Christopher J. Heller, Denise Reid Hoggard, Amelia Mosley Russell
o Western District of Arkansas (2 vacancies; 3 recs for 1st vacancy, 1 rec for 2nd vacancy): Caroline M. Craven, Susan O. Hickey, Carlton D. Jones (replaces James S. Hudson, Jr., who was initially recommended but died in May 2009); P.K. Holmes III (nominated April 28, 2010)

Colorado
o Recommendations in June 2009 by Sens. Michael Bennet and Mark Udall: http://markudall.senate.gov/?p=press_release&id=3
o District of Colorado (2 vacancies): William Martinez (nominated February 24, 2010), Christina Habas, Morris Ben Hoffman, Richard Brooke Jackson, Lael Montgomery, John F. Walsh (nominated for U.S. Attorney on April 14, 2010, so he's out of the running).

District of Columbia:
o Obama administration has begun vetting possible appeals court nominees: http://legaltimes.typepad.com/blt/2010/07/sources-obama-administration-vetting-ny-lawyer-for-dc-circuit.html
o D.C. Court of Appeals (2 vacancies): Former New York Solicitor General Caitlin J. Halligan (43 yo)

Florida
o The Florida Federal Judiciary Nominating Commission made recommendations to Sen. Bill Nelson in July 2009: http://www.miamiherald.com/2009/07/21/1150406/finalists-named-for-us-attorney.html ; http://www2.tbo.com/content/2009/jul/23/list-candidates-trimmed-us-attorney-federal-judge-/news-breaking/
o Middle District of Florida (1 vacancy): Roy B. Dalton Jr, Judge Brian J. Davis, Magistrate Judge Elizabeth Jenkins
o Southern District of Florida (1 current vacancy, 1 future vacancy): Kathleen M. Williams (nominated July 21, 2010), Judge Jerald Bagley, Judge Robert N. Scola, Jr.

Georgia
o Recommendations by Democratic members of Georgia's congressional delegation (Georgia's two senators and governor are R's): http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?individual_SQL=8/27/2009@34761
o Northern District of Georgia (4 vacancies): Amy M. Totenberg (nominated March 17, 2010), J. Antonio DelCampo, Leigh M. May, Albert M. Pearson III, Wayne M. Purdom, Constance C. Russell, Wendy L. Shoob, V. Natasha Perdew Silas, Gail S. Tusan, Gerald R. Weber Jr., David J. Worley

Illinois
o Recommendations by Sen. Dick Durbin: http://www.chicagoiplitigation.com/2009/08/articles/legal-news/senator-durbin-sends-northern-district-judicial-nominees-list-to-president-obama/ ; http://durbin.senate.gov/showRelease.cfm?releaseId=322611
o Northern District of Illinois (4 vacancies, recommendations in August 2009): Gary Feinerman (nominated February 24, 2010 and confirmed June 28, 2010), Sharon Coleman (both nominated February 24, 2010), Edmond Chang (nominated April 21, 2010), Susan Cox, Thomas Durkin, Mary Rowland, Maria Valdez
o Central District of Illinois (2 current vacancies and 1 future vacancy, recommendations in February 2010): Judge James Shadid (nominated May 27, 2010), Judge Sue E. Myerscough (nominated July 14, 2010; previously nominated by Clinton for the same district, but Republicans blocked her), Judge Ronald Spears, Colin Bruce (Assistant U.S. Attorney)

Louisiana
o Recommendation in April 2009 by Sen. Mary Landrieu: http://landrieu.senate.gov/releases/09/2009427C07.html
o Eastern District of Louisiana: Michael Bagneris

Maine
o Recommendations in April 2010 by Reps. Michael Michaud and Chellie Pingree: http://www.bangordailynews.com/detail/141036.html
o District of Maine (1 vacancy): Superior Court Justice Michaela Murphy (54 yo)

Michigan
o Recommendations in June 2009 by Sens. Carl Levin and Debbie Stabenow: http://levin.senate.gov/newsroom/release.cfm?id=314560
o Eastern District of Michigan (2 vacancies): Judge Mark Goldsmith (nominated February 4, 2010 and confirmed June 21, 2010), Judge David Allen

Missouri
o Recommendations in February 2010 by Sen. Clair McCaskill: http://www.dolanmedia.com/view.cfm?recID=569818
o Eastern District of Missouri (1 vacancy): Judge Nannette Baker (52 yo), Judge Judge Thomas C. Mummert III (59 yo), Judge Angela Turner Quigless (50 yo)

New York
o Recommendation by Sen. Chuck Schumer in February/June/July 2010: http://schumer.senate.gov/record.cfm?id=322146 ; http://schumer.senate.gov/new_website/record.cfm?id=325931 ; http://www.democratandchronicle.com/article/20100714/NEWS01/7140346/Mike-Green-suggested-for-federal-judgeship
o Northern District of New York (1 vacancy): Mae D’Agostino (55 yo)
o Southern District of New York (2 vacancies): Daniel Alter (Alter would be the second openly gay male nominee for a federal judicial post, after Obama nominee Edward DuMont), Vincent L. Briccetti (55 yo), Paul A. Engelmayer (49 yo, former Thurgood Marshall clerk)
o Western District of New York (1 vacancy): Monroe County District Attorney Michael C. Green (48 yo)

North Carolina
o Recommendations by Sen. Kay Hagan: http://hagan.senate.gov/?p=press_release&id=229
o Eastern District of North Carolina (1 vacancy, recommendations in July 2009): Allen Cobb, Jennifer May-Parker, Quentin Sumner

Oklahoma
o It was assumed that Gov. Brad Henry and Rep. Dan Boren would take the lead in making recommendations: http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20100121_16_A1_WSIGOm590017
o However, it looks as is the White House has started vetting candidates without consulting any Oklahoma politicians; not the Republican senators (which is not surprising) nor Boren/Henry (a little surprising): http://www.tulsaworld.com/news/article.aspx?articleid=20100523_16_A1_WASHIN822076
o 10th Circuit Court of Appeals (an "Oklahoma seat" will open up when Robert Henry retires in June 2010): The White House is considering young (early 40s, maybe, based on graduation dates) Oklahoma Cherokee Keith M. Harper (http://www.kilpatrickstockton.com/en/Who%20We%20Are/Professionals/H/HarperKeithM13797.aspx), but it looks like this nomination would be heavily opposed Republicans and likely Democrats as well. Other leading contenders are reported to be Tulsa Law dean Janet Levit (http://www.utulsa.edu/Academics/Colleges/College%20of%20Law/Faculty%20and%20Administration/L/Janet%20Levit.aspx) and former Oklahoma Secretary of the Environment Miles Tolbert (http://attorneys.crowedunlevy.com/AttorneysDetail.aspx?id=86). The Boren/Henry path might lead to Brad Henry (46 yo) pursuing his cousin's old seat; he would be the leading contender. Other contenders are former Oklahoma Attorney General Michael Turpen, Assistant U.S. Attorney Scott E. Williams, and U.S. Magistrate Judge Robert Bacharach.

Pennsylvania
o Recommendations by Sens. Bob Casey and Arlen Specter in July 2010: http://citizensvoice.com/news/sources-nealon-minora-mariani-to-be-submitted-for-nomination-to-federal-bench-1.881276
o Middle District of Pennsylvania (3 vacancies): Judge Terrence R. Nealon (51 yo), Robert D. Mariani (60 yo), Judge Carmen D. Minora (57 yo, and a Republican friend of Specter's; if Sestak wins in November, Obama has no business nominating this guy)

Texas
o The two Republican senators are trying assert their "right" to make recommendations rather than letting the a Democratic congressional delegation perform the duty (as is customary if there is no senator/governor of the same party). There is, however, some consensus: http://www.chron.com/disp/story.mpl/chronicle/6988308.html
o Southern District of Texas (3 vacancies): Diana Saldaña (bipartisan support, nominated July 14, 2010), Marina Garcia Marmolejo (bipartisan support)
o Western District of Texas (2 vacancies): Javier Alvarez (bipartisan support), Catherine Torres-Stahl (Democratic recommendation w/ Republican opposition), Robert Valdez (Republican suggestion)

Virginia
o Recommendation in June 2010 by Sens. Mark Warner and Jim Webb: http://warner.senate.gov/public/index.cfm?p=Blog&ContentRecord_id=75b569df-1138-4b90-9fb3-43503ee3e293
o Eastern District of Virginia: Arenda L. Wright Allen
o Western District of Virginia: Michael Urbanski (53 yo)

West Virginia
o Recommendation in October 2009 by Sens. Robert Byrd and Jay Rockefeller: http://www.register-herald.com/local/x546330689/Nick-Casey-recommended-for-federal-judgeship
o Northern District of West Virginia: Former WV Democratic Party Chairman Nick Casey. Republicans were criticizing Casey even before Byrd's death, so I don't expect this one to move forward till after November's special election.

Federal Circuit
o Obama has nominated Kathleen O'Malley and Edward DuMont to the Federal Circuit, but another vacancy occurred Judge Haldane Robert Mayer assumed senior status on June 30, 2010.
o The short list for the nomination that ultimately went to O'Malley also included judges Jeremy Fogel, Gregory Sleet, and Patti Saris: http://www.law.com/jsp/article.jsp?id=1202437343598
o Other possibilities include Stanford Professor Mark Lemley and Apple IP chief Chip Lutton
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