Judge Adam Abelson – Nominee to the U.S. District Court for the District of Maryland

In less than four years, the District of Maryland has largely been transformed, with President Biden placing five new judges onto the court. With the elevation of Magistrate Judge Adam Abelson, Biden is hoping for a sixth.

Background

Born in 1982, Abelson received a B.A. cum laude from Princeton University in 2005, and subsequently completed a fellowship with Human Rights Watch before spending a year as a paralegal with the New York office of Akin Gump Strauss Hauer & Feld. Abelson then received a J.D. cum laude from the New York University School of Law.

After graduation, Abelson clerked for Judge Catherine Blake on the U.S. District Court for the District of Maryland and then for Judge Andre Davis on the U.S. Court of Appeals for the Fourth Circuit. He subsequently joined the Baltimore Office of Zuckerman Spaeder, becoming a Partner in 2020.

In 2023, Abelson was appointed to be a U.S. Magistrate Judge for the District of Maryland, where he currently serves.

History of the Seat

Abelson has been nominated for a seat on the U.S. District Court for the District of Maryland to replace Judge James Bredar, who moved to senior status on April 30, 2024.

Legal Career

Abelson has spent his pre-bench legal career at the firm of Zuckerman Spaerder, where he worked in litigation, handling both civil and criminal cases. Abelson tried one jury and five bench trials during his time with the firm. For example, Abelson was part of the legal team in a class action lawsuit against United Healthcare that resulted in a bench trial before Judge J. Paul Oetken in the U.S. District Court for the Southern District of New York. See Medical Society of the State of New York, et al. v. UnitedHealth Group, Inc., et al., No. 16-cv-5265 (S.D.N.Y. J. Paul Oetken). The sole jury trial involved Abelson’s representation of former White House Counsel Gregory Craig in a prosecution brought by Special Counsel Robert Mueller. See United States v. Craig, No. 19-cr-125, 401 F. Supp. 3d 49 (D.D.C. 2019) (Hon. Amy Berman Jackson). Craig was acquitted after a three-week jury trial.

Among other cases, Abelson represented People for the Ethical Treatment of Animals (“PETA”) in a successful suit regarding the care for endangered animals at a zoo in Maryland. See People for the Ethical Treatment of Animals v. Tri-State Zoological Park, No. 17-cv-2148 (D. Md. Hon. Paula Xinis).

On the appellate side, Abelson argued before the Fourth Circuit in defending a district court decision awarding disability benefits to his client, former NFL player Jesse Solomon. See Solomon v. Bell/Rozelle NFL Player Retirement, 860 F.3d 259 (4th Cir. 2017).

Political Activity

Abelson had been a frequent donor to Maryland Democrats before he joined the bench. Maryland Comptroller Brooke Lierman, with whom Abelson clerked on the District of Maryland, was a frequent recipient of Abelson’s contributions.

Jurisprudence

Abelson has served as a U.S. Magistrate judge in Maryland since his appointment in 2023. In this role, he handles settlement, discovery, and makes recommendations on dispositive motions as well as presiding over cases where the parties consent.

In his short tenure as a magistrate, Abelson has not presided over any trials and has primarily overseen discovery disputes and settlement proceedings. Among the matters he is currently presiding over, Abelson is overseeing a case alleging violations of the Family and Medical Leave Act by the Baltimore Police Department. See Lloyd v. Baltimore Police Dep’t, 23-cv-01987-ABA (D. Md.).

Overall Assessment

Four of Biden’s six nominations to the District of Maryland have been U.S. Magistrate Judges. For his part, Abelson would bring to the position extensive litigation experience balanced against his relative youth. If confirmed, Abelson can expect to serve on the district court for decades.

45 Comments

  1. After years of blah nominees, the last three district court of Maryland nominees have been really good. All three could be considered for elevation to the 4th in the future along with Deborah Boardman. I still am upset with Senator Cardin for playing Russian Roulette with a circuit court seat just because Nicole Berner didn’t live in the city limits of Baltimore. But I’m happy with the qualifier of the judicial nominees we have been getting from the state recently.

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  2. Senator Kennedy voice: “Mr. Abelson, am I saying that correctly? In 2012, you donated $80 to a group called Marylanders For Marriage Equality. Are you still a radical activist?”

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    • Haaaaaa

      I totally read that in Senator Kennedy’s fake Louisiana accent… Lol

      Piggybacking on what I write last night in the previous write up page, here’s an article talking about McConnell’s comments on the senate floor yesterday. Sarah Netburn is the fourth judicial nominee in as many weeks he has personally bashed by name. The article mentions the over 100 letters the SJC has received against her nomination from progressive groups, but doesn’t mention which groups or interest.

      I am really curious who they are. If they are legit progressives, her nomination could be in trouble. Something tells me since neither McConnell or the Fox News article didn’t name check even one. I’m skeptical as to who they are.

      (https://www.foxnews.com/politics/biden-judicial-nominee-takes-heat-recommendation-transgender-inmate-answer-sex)

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      • Correction. The article claims “has received almost a hundred letters – from liberals”. It does not say from “liberal groups”, which is VERY different. Words and context are important.

        I am not sure I trust McConnell’s assessment as to what constitutes a “liberal”.

        Also, is Mitch OK, cuz he looks and sounds like a decaying automaton in that video.

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      • Good point. That’s why I’m really skeptical. I’m sure if the letters were from the ACLU, NAACP, Demand Justice, Alliance for Justice or other well known liberal groups or interest, McConnell would have named dropped them & read the letters in full. I’m thinking these so call “liberals” could be the equivalent of Clarence Thomas dressed up as Al Sharpton for Halloween… Lol

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      • In addition to McConnell, the right alternative media is starting to bash Sarah Netburn. The Washington Examiner editorial says she’s trying to abolish gender entirely. They’re making her a top target. Another article is calling on Republican Senate candidates to feature Netburn in their negative ads.

        As for Adam Ableson, it’s looking good for him so far.

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      • I know some disagree, but this is another advantage of picking younger nominees. Particularly those that have never been a judge before. When you pick nominees around their mid 50’s or under, they are bound to have a longer record.

        For all this flack Netburn is getting, we could have gotten a nominee in their 40’s or even late 30’s. It’s not like Manhattan doesn’t have plenty of those options.

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      • @Dequan

        I generally agree that with everything else being equal, younger liberal judges are better than older liberal judges.

        And I get what you’re saying about older judges having longer records to scrutinize. But that rationale only makes sense if those opposing the nomination of liberal judges have any measure of integrity. As we well know, almost all right wingers (Republican leadership included) have no integrity whatsoever. If they have nothing truthful with which to make pariahs out of liberal nominees, they’ll just make sh*t up…and very often quite effectively. If they’re just gonna make stuff up (or in the cases of older nominees, caricature the hell out of minor sh*t) what’s the difference?

        What Dem politicians need to do is defend against slanderous attacks more effectively.

        Hell, mirroring this argument, it’s mystifying to me that Dems aren’t vigorously targeting Clarence Thomas (the essence of corrupt bribery) and Samuel Alito (the epitome of contemptuous elitism) as the obvious fruitful political targets they are. There is NOT ONE DAY that should go by without Dem politicians calling these 2 out as what Republicanism represents.

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      • Oh I definitely agree with you. But I think you are making my point. If the Republicans are gonna make up some attack line against ANY liberal Biden nominates, then why nominate liberals in their mid 50’s. We mine as well nominate liberals in their high 30’s or early 40’s since no matter who it is, if they are liberal they will be attacked.

        I would be a lot more enthusiastic about doing whatever it takes to get Netburn over the finish line if she was 34 or 44 instead of 54. At least I know statistically, she will serve a decade or two longer on the bench for the fight it takes to get her confirmed.

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    • I could see Ajmel Qureshi being the 12th magistrate judge going straight to a circuit court judge, assuming Emry Kidd is confirmed & no other magistrate is nominated for a circuit court vacancy before the next 4th-Maryland seat becomes vacant. Particularly if Mangi isn’t confirmed. This would be a prime candidate for the first Muslim circuit court judge. I think it’s less likely to happen with Cardin as a senator so I mainly can see this scenario play out in a second Biden term.

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  4. His background may seem pretty safe but his wife was an assistant Baltimore public defender for 8+ years and is a research fellow at Quattrone Center for the fair Admin of Justice.

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  6. Paul Niemeyer is 83 and very well may retire during a second Biden term. Qureshi should be a prime candidate to replace him if the makeup of the senate is favorable.

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    • I would be surprised if soon to be senator Alsobrooks accepts anyone who is not Black for the seat. Maddox would be the obvious choice.

      And oh I see Niemeyer going feet first regardless of the political composition of the Presidency and Senate. If he didn’t leave at 80 under Trump, he’s not leaving voluntarily.

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      • Generally not to predict what will happen especially to those judges who are 80+ years old, but for Biden’s first term, we could definitely say, that there have been very few cases of biological exits from the bench, except Michael Kanne, the other ones are still there. Very few went senior like James Dennis, José Cabrenas, Rosemarie Pooler or Charles Norgle, but the rest is still in active status. Those who left for biological reasons were except Pratter all under 70 years of age, so the bulk of them will stay as long as they can, in my opinion you have no incentive to go from a special point of time, and yes, I also thought at least one of the three from the Federal Circuit would leave until the end of Biden’s first term, but I was wrong, so I’m careful with predicting they are all gone at the end of the term of the next or re-elected President.

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    • 5 of the 12 judges on the Federal Circuit are over the age of 70. Honestly the administration should have a running list for a few vacancies for the court. So far half of Biden’s picks for the court have been from Delaware. I wouldn’t be surprised to see that trend continue.

      I could see Gregory Williams or Jennifer Hall getting heavy consideration from the Delaware district court. Perhaps any of Biden’s Court of Federal Claims court judges could get some consideration as well. Not to mention almost any attorney from Delaware probably has some patent experience as well.

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  8. Wanted to add a couple of thoughts on recent judicial news.
    1) Not shocked in the least that Judge Leslie Southwick isn’t taking senior status.
    Just because he isn’t as loud as some of the other hacks on the 5th Circuit doesn’t mean he’s a moderate, he’s just as bad as the rest of them and there is no way he is going to allow Biden to pick his replacement.
    2) McConnell’s goal at this point is obstruction to delay any more moderate/liberal jurists from being confirmed, especially on a circuit court level.
    Anyone who thinks Zahid Quraishi or Mary Rowland would get treated any better then other nominees is a fool.
    3) The GOP is going all in on the anti-trans narrative and Sarah Netburn is a perfect target to go after in the GOP’s current cultural war where they laughably claim this is about protecting women when it’s about bigotry, nothing more.
    She will be a party line vote and I suspect most of the remaining nominees will be as well due to politics.
    Sure hope we get the final Circuit court nominees in the next batch, because the battle for those will be ugly.

    Liked by 1 person

    • It was over a month ago Tillis was whining about getting a nominee shoved down his & Budd’s throats. There shouldn’t be too much of a backlog for the FBI vetting with the small number of positions left that Biden can realistically fill before the election. It is possible we can get the nominee for the 4th two Wednesdays from now.

      That likely will be the last new batch until August so hopefully we get at least one circuit court nominee in it to set up a hearing in early September. I bet Jordan gave the WH more of a heads up than when we all found out. Being Biden’s home state, it might be a stretch we get a nominee for the 3rd the Wednesday after next but not impossible. Especially if the nominee is somebody who was already vetted in the last couple years.

      The biggest question is Mangi. If there really is a plan to get him confirmed then fine. If no plan exists, then the time table for Mangi to withdraw or the WH to pull his nomination becomes sketchy. I’m sure the WH already knows who their plan B is. Hopefully the vetting will be quick if they haven’t already started the process with the FBI.

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      • The WH is in a pickle with Mangi. He’s not getting confirmed, but they can’t withdraw him for political reasons, at least yet. At the very least you have to confirm Kasubhai and Ali first. And you may have to just wait until after the election and then try to shove through someone in the lame duck in a month.

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  9. A little off topic here, but I’ve been curious about which judge on the 9th circuit is next in line to become Chief Judge after CJ Murguia’s term as chief is up. I think overall that I’m fishing for which of the Trump judges on the 9th is in line to become chief first? how many of them are in line to become chief? and which Biden judges on the 9th, 2nd, 10th, etc., are in line to become Chief Judges for their circuit??

    I really hope Murguia goes senior in Biden’s second term the minute when her chief judgeship is over (just like Judge S.R Thomas). Can’t imagine Trump and McConnell getting another chance to flip liberal circuit court seats (looking hard at you Judges Gould, Wardlaw, and Rawlinson)

    Liked by 1 person

    • Assuming every senior judge serves their complete 7 years, the line of succession is Jacqueline Nguyen→John Owens→Daniel Bress. However, this timeline could significantly change due to any early retirements. For example, if Murguia were to retire in September 2025 when she’s eligible for senior status (only likely if Biden gets a 2nd term), then Morgan Christen would be next in line.

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  10. As mentioned in the previous thread, Biden has not nominated a transgendered nominee. The first nominee is unlikely to be someone who is in an activist organization, rather they will have a conventional background (prosecutor, big law firm, or state judge). As far as state judges, I’m seeing one in CA, but is 60 years old and in ED-CA, which has no openings.

    Who would be some good candidates for the first trans nominee? Ethan, you have a long list of potential nominees, any thoughts?

    Liked by 1 person

    • I don’t know if there are many. I know of one from the People Parity Project’s list of recommendations, but that person is from Texas so that’s out. @Ethan has one on his list for a district that currently has a vacancy. Ava Ayers (born c. 1976) is from the NDNY however from Albany. David Hurd is from Utica & after the way he used duty station as an excuse for withdrawing his last senior status (Although I still say it’s suspected the minute, he found out his replacements last name was Rodriguez, that’s when he first started to care), I doubt Schumer would risk nominating somebody not from Utica.

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      • Thanks, Ethan. Marnin seems like a decent possibility for any opening in NYC. He’s going to be quite controversial (and a party line vote) due to his extensive DEI background, and he’s also an observant Jew and worked at the ADL which will make him harder for Democratic senators to reject in this political environment.
        If Netburn is rejected for whatever reason, Biden should nominate Marnin.

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  11. I notice both the SJC hearing & executive meeting for next week are both showing Thursday at 10am. I wonder if they will take a break in between the two or have the nominees sit while they vote. I’m sure there will be some fireworks so it should be interesting.

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    • The same thing happened back in February when we had a hearing on a Thursday, it was scheduled at the same time of the business meeting and the business meeting got cancelled in favor of the nominations hearing. I don’t believe there were any nominees to vote out on that meeting anyway (might have been a holdover hearing), unlike next Thursday. If the meeting does happen, it’d be to vote out the 5/22 nominees and hold over the 6/5 nominees. I’d be surprised if both meetings were held, my bet is everyone gets voted out on the 7/11 meeting.

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  12. Was lurking on the TLS forum (need to make a free account to access) for judicial clerkships and they are some very interesting tidbits I came across. Theres threads on each Circuit, although some are more detailed than others Keep in mind these are all anonymous accounts

    https://www.top-law-schools.com/forums/viewtopic.php?f=34&t=202778

    Some interesting things I came across:

    • A lot of people have had terrible experiences with Judge Florence Pan – claiming she is verbally & mentally abusive
    • Negative experiences with Judge Holly Thomas & Gabriel Sanchez – both have recently fired clerks
    • Judge Eric Miller hires many liberal/left-leaning clerks
    • A lot of negative experiences with Judge VanDyke (not surprised in the slightest)
    • Judge Merriam’s ethic violation was talked about on the forum back in March before David Lat’s report recently came out

    Liked by 2 people

    • @IrvineOnlooker

      Thanks for the info. Florence Pan … Uuuggghhh, we could have had such a better pick for the DC Circuit, even if you wanted an AAPI nominee. This only further makes me sad she was selected. Her husband’s influence clinched both of KBJ’s seats I guess.

      I’m really surprised about Holly Thomas & Gabriel Sanchez both firing law clerks so early in their tenures. Really interesting.

      That is a pleasant surprise about Eric Miller. I hope his rulings also surprise me over the next couple of decades.

      Judge VanDyke… Haaaaa… As you said, no surprise there. He is lucky James Ho was confirmed or he would be knocking on the door of Trump’s worst circuit court judge.

      As for Merriam, looks like they had the jump on who the 2nd circuit judge in question was before I read David Lat’s report. I don’t have a subscription so hopefully you or any other user with a subscription would be so kind to let us know if you see anything else brewing on the site.

      Thanks again

      Liked by 1 person

      • More interesting things (particularly 9th Circuit)

        • Judge Daniel Collins is the only unvaccinated judge on the 9th Circuit (a little surprised VanDyke and Nelson are not as well) – Collins recently joined an egregious 2-1 opinion that allowed a case to go forward challenging LAUSD’s vaccine mandate, even though the case is moot bc the vaccine mandate is no longer in effect Collins wrote a concurring opinion basically stating the COVID vaccine is not effective at preventing infection & transmission, which is a line of attack used by antivaxxers and has been throughly discredited. I expect the 9th Circuit to take this case up en banc

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    • Some of the names mentioned in the article hopefully are nonstarters, particularly in a second Biden term when they would be 1-4 years older than they are now. I think we can remove a US senator from the list. I know many senators have been Justices in the past, but I think Booker & Klobuchar were born in the wrong century for that.

      I hope Childs name is on the list just to placate Clyburn. I actually wouldn’t have a problem with his other recommendation, DeAndrea G. Benjamin being on the list.

      Robert Wilkins is amongst my favorite circuit court judges of all time. I just think his time might have already past with him being in his 60’s. I think others on the list such as Srinivasan, Millett, Krause & Barron’s time all have passed as well.

      Paul Watford & Mariano-Florentino Cuellar being on the list has to be a joke. The idea that anybody who left being a judge to go into private practice being names over any of Biden’s nearly 50 circuit court judges is laughable.

      I think Goodwin Liu would be higher on the list had Newsom named him as Chief Justice. That was really a missed opportunity in my opinion. Lisa Monaco, I don’t see happening either.

      Elizabeth Prelogar probably has the highest chance of any non-judge on the list. I think Leondra Kruger’s best path to being picked would have been to have moved to DC to take the US Solicitor General position she was reportedly offered but turned down.

      Myrna Perez & Nancy Maldonado (Once confirmed) would probably be at the top of the list to replace Sotomayor but I still feel Brad Garcia can’t be left off the list. His age, being on the second highest court in the land & bipartisan confirmation would probably give him as good of a chance despite Biden probably not wanting to replace her with a man.

      I got to admit one name on this list that I haven’t seen mentioned here on the blog I think deserves to be mentioned. Montgomery-Reeves could be a sleeper pick along with whoever is selected for Jordan’s seat for obvious reasons.

      There were some other notable names missing from the list. Alison Nathan & Jullie Rikelman I would certainly think would have their names on the list, if not near the top.

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    • I just noticed this list is further discredited or at best old because of the last sentence under the David Barron bio… “Being a white male may hurt his chances if President Biden feels political pressure to replace Justice Ginsburg with another woman.”

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      • If Sonia Sotomayor does retire this year (unlikely, but I don’t rule it out), I think Brad Garcia is the front-runner. He clerked for Justice Elena Kagan. He’s already acquainted with all of the justices and they seem to think highly of him. He won a unanimous for his client in United States v. Palomar-Santiago (2021).

        Is Garcia Cuban-American? If so, perhaps his nomination could help the Biden campaign in Florida.

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