Judge Kato Crews – Nominee to the U.S. District Court for the District of Colorado

Judge Shane “Kato” Crews is the third magistrate judge nominated by President Biden to the federal bench in Colorado, after colleagues Nina Wang and Gordon Gallagher.

Background

A native of Pueblo in South Colorado, Crews graduated in 1997 from the University of Northern Colorado and then received a J.D. from the University of Arizona School of Law in 2000.

After graduating, Crews spent two years at the National Labor Relations Board and then joined Rothberger Johnson & Lyons LLP in 2001. In 2011, he shifted to be a name partner at Mastin Hoffman & Crews LLC and then moved to Hoffman Crews Nies Waggener & Foster LLP in 2013.

In 2018, Crews was appointed to be a U.S. Magistrate Judge and has served as such since.

History of the Seat

Crews has been nominated for a vacancy on the U.S. District Court for the District of Colorado. This seat will open on June 20, 2023 when Judge Raymond Moore takes senior status. Crews was previously recommended by Colorado Senators Michael Bennet and John Hickenlooper to replace Judge William Martinez, but fellow magistrate judge Gordon Gallagher was chosen instead. Crews was then nominated to replace Moore.

Legal Experience

While Crews has shifted positions over the course of his career, he has worked on civil litigation in all of those positions, including in labor law, business law, and real estate. Among the suits he handled in private practice, Crews was part of the legal team defending Pizza Hut against an allegation of violations of the Fair Labor Standards Act. See Smith v. Pizza Hut, Inc., 694 F. Supp. 2d 1227 (D. Colo. 2010).

Notably, Crews represented the Colorado State University System in defending against a lawsuit brought by Rodney Smith, a police officer who alleged a hostile work environment as a result of his race. See Smith v. Bd. of Gov. of the Colorado State Univ. Sys., Civil Action No. 15-cv-00770-REB-KMT (D. Colo. 2017). Judge Robert Blackburn granted summary judgment in favor of Crews’ client, finding that the plaintiff failed to meet his burden to show that any harassment was sufficiently pervasive to constitute a hostile work environment and that animosity was racial rather than personal. See id.

Jurisprudence

Crews has served as a federal magistrate judge since his appointment in 2018. In this role, he presides by consent over civil matters and misdemeanors, assists district judges with discovery and settlement, and writes reports and recommendations on legal issues. Among the cases that he presided over, Crews denied summary judgment in favor of the defendant in a slip and fall case at a Dollar Tree retail store. See Oliver v. Dollar Tree Stores, Inc., Civil Action No. 1:21-cv-3443-SKC (2022). Crews found that material disputes of fact remained about the actions of Dollar Tree employees regarding obstructions in the aisle where the plaintiff fell. See id.

Writings and Statements

In 2016, Crews was among 16 attorneys and law students who were interviewed by the Colorado Bar on diversity, inclusion, and bias in the legal community. For his part, Crews noted that he strove throughout his life to work harder and exceed expectations in a desire to overcome any “unconscious” bias on the part of others, noting:

“My experience with implicit bias has not been a story of suffering, rejection, or hurt. Rather, I have found empowerment and positive results from pushing myself to outperform biased expectations.”

Overall Assessment

As he himself describes it, Crews has lived a “charmed” life, rising at a young age (in his early 40s) to be a federal magistrate judge. He is now poised for confirmation to the federal bench, with little in his record that should cause him delay.

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Jabari Wamble – Nominee to the U.S. District Court for the District of Kansas

After his nomination to the U.S. Court of Appeals for the Tenth Circuit was unexpectedly withdrawn, the Biden Administration has renominated Jabari Wamble to a trial court seat in the District of Kansas.

Background

Jabari Brooks Wamble got a B.A. from the University of Kansas in 2002 and a J.D. from the University of Kansas School of Law in 2006. After graduating, Wamble spent two years in the Johnson County District Attorney’s Office before becoming an assistant attorney general in Kansas.

In 2011, Wamble joined the U.S. Attorney’s Office for the District of Kansas and has served there since.

On September 6, 2022, Wamble was nominated to replace Judge Mary Briscoe on the U.S. Court of Appeals for the Tenth Circuit. However, despite a positive reception from Kansas Senator Jerry Moran, Wamble’s nomination to the court was never processed and Wamble was instead renominated for the district court.

Wamble is married to Marissa Cleaver, the daughter of U.S. Representative Emanuel Cleaver from Kansas City, Missouri.

History of the Seat

Wamble was tapped for the U.S. District Court for the District of Kansas. The seat was vacated by Judge Julie Robinson’s move to senior status on January 14, 2022.

Legal Career

Wamble has spent his entire career in criminal prosecution, albeit at three different levels. He started his career at the Johnson County District Attorney’s Office. From 2007 to 2011, Wamble served in the Kansas Attorney General’s office. While at the Attorney General’s office, Wamble defended the conviction of Oliver McWilliams for Medicaid fraud. See State v. McWilliams, 283 P.3d 187 (Kan. 2012). While the Court of Appeals reversed McWilliams’ conviction, the Kansas Supreme Court reinstated it over the dissent of Justice Johnson.

Since 2011, Wamble has served as a federal prosecutor for the U.S. Attorney’s Office for the District of Kansas. Among his notable prosecutions with the office, Wamble prosecuted Richard Ballard, who pleaded guilty to wire fraud for collecting investment for environmentally friendly bottled water and pet chews, and then using the funds for personal use.

Wamble has also briefed and argued a number of appeals before the Tenth Circuit. For example, he was counsel of record in a suit that affirmed the defendant’s conviction for failing to pay child support. See United States v. Fuller, 751 F.3d 1150 (10th Cir. 2014).

Overall Assessment

When Wamble was first nominated, we predicted a relatively comfortable confirmation to the Tenth Circuit. It is still unclear why Wamble has instead been put forward for the district court, but his nomination to a seat to which blue slips are still determinative suggests that Kansas senators have indicated that they are willing to back Wamble for the court. It is possible that the White House determined that nominating Wamble to the district court ensures that they fill two seats instead of one.

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Molly Silfen – Nominee to the U.S. Court of Federal Claims

Patent attorney Molly Silfen, who is coming off a stint as a staffer with the Senate Judiciary Committee will have an opportunity to go before the Committee again, this time as a judicial nominee.

Background

Silfen received a B.A. from Yale University in 2002, and her J.D. from Harvard Law School in 2006. After graduation, Silfen joined Finnegan Henderson Farabow Garrett & Dunner LLP.

In 2008, Silfen completed a clerkship for Judge Alan Lourie on the U.S. Court of Appeals for the Federal Circuit and then returned to Finnegan. In 2013, she joined the U.S. Patent & Trademark Office as a solicitor, where she has worked since. Silfen nonetheless completed details at the Department of Justice’s Civil Division and with the U.S. Senate Committee on the Judiciary.

History of the Seat

Silfen has been nominated for a seat on the U.S. Court of Federal Claims (CFC), an Article I court that hears monetary claims against the federal government. Judges to the CFC are appointed for 15-year terms, and can be reappointed. The seat Silfen was nominated for opened up on July 13, 2018, with the move to senior status of Judge Susan Braden. On October 3, 2019, the Trump Administration nominated administrative patent judge Grace Obermann to replace Braden. However, Obermann’s nomination never moved and was left unconfirmed by the end of the Congress. Biden appointed Silfen on February 27, 2023.

Legal Experience

Silfen’s career is split between her time in private practice and her time working as a patent solicitor. In private practice, Silfen worked with Judge Kara Stoll, appointed in 2015 to the U.S. Court of Appeals for the Federal Circuit, on behalf of Cardiac Pacemakers in a patent infringement action against St. Jude Medical, Inc. See Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., 576 F.3d 1348 (Fed. Cir. 2009). She also represented defendants in infringement actions. See, e.g., EPlus, Inc. v. Lawson Software, Inc., 700 F.3d 509 (Fed. Cir. 2012).

In her role with the U.S. Patent & Trademark Office, Silfen has joined the legal team in a number of cases before the U.S. Supreme Court. See, e.g., Matal v. Tam, 137 S. Ct. 1744 (U.S. 2017); Iancu v. Brunetti, 139 S. Ct. 2294 (U.S. 2019). Notably, Silfen was part of the government’s legal team seeking approval of the current system of Administrative Law Judges hearing cases regarding the validity of patents. See United States v. Arthrex, Inc., 141 S. Ct. 1970 (U.S. 2021). In a 5-4 decision, the Supreme Court ruled that the administrative judges in question were appointed in violation of the Appointments Clause of the U.S. Constitution. See id.

Political Activity

Silfen has a few political contributions to her name, including one to President Obama in 2008 and three to New Hampshire Executive Council candidate Leah Plunkett.

Writings

Silfen has frequently written both academically and on the law. As a law student, for example, Silfen wrote on the intellectual property implications of the funding of stem cell research and on the impact of the bans on partial birth abortion on privilege. See Molly Silfen, How Will California’s Funding of Stem Cell Research Impact Innovation? Recommendations for an Intellectual Property Policy, 18 Harv. J. L. Pol’y 2 (Spring 2005). See also M Silfen, I Want My Information Back: Evidentiary Privilege Following the Partial-Birth Abortion Cases, Journal of Health Law (Jan. 1, 2005). As a practitioner, Silfen has further elaborated on patent law. See, e.g., Daniel Kazhdan & Molly Silfen, Inventors Beware: The Danger of Getting Too Many Patents, 60 Santa Clara L. Rev. 289 (2020).

Overall Assessment

Despite her youth, Silfen has gained considerable experience in patent and intellectual property litigation. While her writings are sure to be scrutinized closely in the confirmation process, Silfen should still expect to see a comfortable confirmation.

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Judge Amanda Brailsford – Nominee to the U.S. District Court for the District of Idaho

The Idaho Federal Courthouse in Pocatello, where Nye will likely sit.

Being a District Judge in Idaho is largely a thankless job. The state has only two judgeships, and the judges handle a large caseload. Nonetheless, Idaho’s senators have reached a compromise candidate with the White House willing to accept the spot: Judge Amanda Brailsford.

Background

A native Idahoan, Brailsford grew up in Hagerman in Southern Idaho. She received a B.A. from the University of Idaho in 1989 and a J.D. from the University of Idaho School of Law in 1993. Brailsford then clerked for Judge Thomas Nelson on the U.S. Court of Appeals for the Ninth Circuit.

After her clerkship, Brailsford joined the Boise office of Holland & Hart LLP, as an associate. She was promoted to a partner there eight years later. Brailsford then founded Andersen Banducci PLLC in 2013.

In 2018, Brailsford applied for a seat on the Idaho Supreme Court but was appointed by Republican Governor Butch Otter to a judgeship on Idaho’s Court of Appeals. See In a First, More Women than Men Apply to Idaho High Court, A.P. State & Local Wire, July 31, 2018.

History of the Seat

The District of Idaho, which covers the entire state, has only two authorized active judgeships. Brailsford has been nominated, upon the recommendation of Idaho Senators Michael Crapo and James Risch, to replace Judge B. Lynn Winmill, who took senior status on August 16, 2021. If confirmed, Brailsford would be the first woman on the U.S. District Court for the District of Idaho.

Legal Experience

For approximately twenty-five years before she became a judge, Brailsford worked as a civil litigator. During this time, she argued a number of cases before the Idaho Supreme Court. See, e.g., Spur Prods. Corp. v. Stoel Rives LLP, 122 P.3d 300 (Idaho 2005). For example, Brailsford represented Dr. Mark Miller, a doctor who was sued for violating the non-compete provision of his contract with his prior employer. See Intermountain Eye Laser Ctrs., PLLC v. Miller, 127 P.3d 121 (Idaho 2005). After a lower court granted summary judgment to Dr. Miller, the Idaho Supreme Court reversed. See id. at 133.

Jurisprudence

Since her appointment in 2019, Brailsford has served on the Idaho Court of Appeals, which serves as an intermediate appellate court.

In her time on the court, Brailsford has written opinions in both criminal and civil cases. For example, Brailsford wrote for the court in affirming Cyrus Buehler’s aggravated DUI conviction. She also wrote for the court in affirming the denial of postconviction relief for Thomas Chaput, finding that he had failed to preserve his challenge.

On the civil side, Brailsford affirmed the denial of a concealed weapon license to Darrell Gunderson. Among other arguments, Brailsford rejected the challenge that the law barring his license violated the provision against ex post facto laws, or criminal laws having retroactive effect. Brailsford found that the firearms provision, even though it bars based on criminal conviction, is a regulatory measure and not intended to “punish” criminal conduct. As such, Brailsford ruled that the law was unlawful.

Overall Assessment

Nominated by a Democratic president with support from her Republican senators, Brailsford is expected to sail to confirmation. She should also be helped along the way by her relatively non-political background and the lack of major controversies in her time on the bench.

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Michael Delaney – Nominee to the U.S. Court of Appeals for the First Circuit

Former New Hampshire Attorney General Michael Delaney has built a wide variety of legal experience that equips him for a federal appellate position.

Background

Born in Danvers, Massachusetts on July 19, 1969, Michael Delaney received a bachelor’s degree in political science from the College of the Holy Cross in 1991 and then received a J.D. from Georgetown University in 1994. Delaney subsequently joined Wiggin & Nourie in Manchester, New Hampshire.

In 1999, Delaney joined the New Hampshire Attorney General’s Office, being elevated to Deputy Attorney General in 2004. In 2006, Governor John Lynch, a Democrat, chose Delaney to be his Chief of Staff.

In 2009, Delaney was confirmed to be New Hampshire Attorney General, replacing Kelly Ayotte. He held that position throughout the Lynch Administration, leaving upon the election of Maggie Hassan in 2012. Since 2012, Delaney works with the Manchester office of McLane Middleton.

History of the Seat

Upon the recommendation of New Hampshire Senators Jeanne Shaheen and Maggie Hassan, Delaney has been nominated for a vacancy on the U.S. Court of Appeals for the First Circuit. This seat opened when Judge Jeffrey Howard took senior status on March 31, 2022.

Legal Experience

Delaney started his career at Wiggin & Nourie in Manchester, where he briefed and argued actions before the New Hampshire Supreme Court. See, e.g., Simonds v. City of Manchester, 141 N.H. 742 (1997). See also Mason v. Smith, 140 N.H. 696 (1996). He subsequently shifted to the New Hampshire Attorney General’s office, where he rose to become Senior Assistant Attorney General and Chief of the Homicide Division. As Assistant Attorney General, Delaney continued to argue before the New Hampshire Supreme Court. See, e.g., State v. Almodovar, 145 N.H. 541 (2000).

In 2006, Delaney became chief counsel for Governor John Lynch, a role which he held until he was appointed to be Attorney General.

From 2009 to 2012, Delaney served as the Attorney General of New Hampshire, an appointed position. In this role, Delaney:

  • Spoke out in favor of the death penalty in New Hampshire. See Kevin Landrigan, New Hampshire Commission Examines Costs to Carry Out Capital Punishment, The Nashua Telegraph, Dec. 5, 2009.
  • Supported a comprehensive plan to cut New Hampshire’s rate of prison recidivism, which included increased funding for treatment. See Kevin Landrigan, New Hampshire Panel Backs Plan to Reduce Prison’s Revolving Door, The Nashua Telegraph, Feb. 9, 2010. The plan was signed into law by Lynch. Kevin Landrigan, Lynch Inks Sweeping Jail Reform Bill, The Nashua Telegraph, July 1, 2010.
  • Opposed expanded gambling in New Hampshire. See Kevin Landrigan, Governor Cites Casino Concerns, The Nashua Telegraph, Mar. 26, 2010.
  • Secured a $60,000 settlement after a 2009 oil spill on the Souhegan river. See Kathy Cleveland, 2 Oil Firms to Pay $60K to ‘09 Spill, The Nashua Telegraph, Feb. 9, 2010.
  • Fought efforts by the Republican state legislature to force his office to challenge the Affordable Care Act in court. See Kevin Landrigan, Legislative Lawyers, AG Before Court, The Nashua Telegraph, May 24, 2011. The New Hampshire Supreme Court sided with Delaney and indicated that he did not need to join the lawsuit.
  • Criticized “stand your ground” laws, arguing that they can lead to greater citizen harm. See Kevin Landrigan, No-Retreat Law Under Scrutiny, The Nashua Telegraph, Apr. 3, 2012.

Since 2013, Delaney has been in private practice. In this role, he was hired to conduct an independent review of Keene State College’s investigation and termination of Gino Vallante, who was accused of making sexually explicit remarks to members of the basketball team. See Meghan Foley, D.C. Lawyer Retained Plans to Investigate Keene State, New England College, The Keene Sentinel, N.H., May 8, 2014. Delaney’s report found a pattern of sexual harassment. Law Firm Report Sheds Some Light of Keene State Coaches’ Dismissals, The Keene Sentinel, N.H., Mar. 27, 2015.

Writings

While working as a Senior Assistant Attorney General, Delaney authored an article discussing a prosecutor’s ethical obligations when making media statements in relation to homicide prosecutions. See Michael A. Delaney, Attorney General Article: Public Comments from the Criminal Bureau: Navigating the Uncharted Waters of Professional Conduct Rule 3.6, 45 N.H.B.J. 49 (Spring 2004). In the article, Delaney notes that prosecutors are held to a higher standard as other attorneys with relation to trial publicity, given their roles as “ministers of justice.” See id. at *51.

Political Activity

Delaney has an extensive history of giving to New Hampshire Democrats, including Shaheen, Hassan, Lynch, and Rep. Chris Pappas.

Overall Assessment

Throughout his career, Delaney has developed expertise in both criminal and civil law, and is well-respected in the New Hampshire legal community. As such, he should be a relatively uncontroversial selection for the First Circuit.

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Judge LaShonda Hunt – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

U.S. Bankruptcy Judge LaShonda Hunt has worn many hats over the course of her three decade long legal career. She is now hoping to have a lifetime appointment as the capstone of her legal career.

Background

A native of Chicago, Hunt grew up in public housing and attended Chicago public schools before receiving a Bachelor of Science from the University of Illinois at Urbana-Champaign in 1992 and a Juris Doctor from the University of Michigan Law School in 1995.

After graduation, Hunt worked as an associate at Sonnenschein Nath & Rosenthal LLP and, in 1998, joined the U.S. Court of Appeals for the Seventh Circuit as a staff attorney. In 2001, she left to clerk for Judge William Hibbler on the U.S. District Court for the Northern District of Illinois, subsequent to which Hunt joined the U.S. Attorney’s Office for the Northern District of Illinois.

In 2006, Hunt joined Just the Beginning Foundation, which seeks to encourage interest in legal careers among those from disadvantaged communities and then joined the energy company Exelon as assistant general counsel, moving to subsidiary Corn Ed in 2009.

In 2010, Hunt returned to the U.S. Attorney’s Office, staying until 2015, when she became chief legal counsel for the Illinois Department of Corrections. In 2017, Hunt was appointed to be a U.S. Bankruptcy Judge for the Northern District of Illinois. She currently serves in that role.

Hunt is also a past president of the Black Women Lawyers Association. See Legal Scene of 518 New Lawyers Have Seen, Legal Monitor Worldwide, May 9, 2016.

History of the Seat

Hunt has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened on October 4, 2022, when Judge Charles Norgle took senior status.

Like fellow Northern District nominees Nancy Maldonado, Lindsay Jenkins, and Jeffrey Cummings, Hunt was recommended for the federal bench by Illinois senators in December 2021.

Legal Career

Before she became a bankruptcy judge, Hunt held a variety of legal positions, including in private practice, in house, and in government. However, the largest chunk of her career has been spent in the Civil Division of the U.S. Attorney’s Office for the Northern District of Illinois. Among the cases she handled there, Hunt represented a warden of a Leavenworth, Kansas prison in defending against a federal habeas corpus action. See Moore v. Olson, 368 F.3d 757 (7th Cir. 2004). After a district court judge found that it had jurisdiction over the Kansas-based warden and that venue was proper, and subsequently ruled against the petition, the prisoner appealed. See id. On appeal, Hunt did not reraise a venue challenge to the district court’s decision, which the Seventh Circuit found was now waived. See id. at 760. The Court, however, affirmed on the merits of the petition. See id. at 761.

Hunt also argued before the U.S. Court of Appeals for the Second Circuit in defense of a Board of Immigration Appeals decision denying a Polish native’s petition to reopen her immigration status after finding that the plaintiff had failed to comply with a voluntary departure. See Zmijewska v. Gonzales, 426 F.3d 99 (2d Cir. 2005). The court remanded the case to the BIA for further analysis. See id. at 104.

Jurisprudence

Hunt has served as a U.S. Bankruptcy Judge since her appointment in 2017. In this role, she presides over bankruptcy cases as a trial judge, with her rulings subject to appeal to the district courts and courts of appeal.

Among her decisions as a bankruptcy judge, Hunt rejected a proposed payment scheme by a debtor in bankruptcy that would allow her to pay her attorneys at the same priority level as her car loan to Ford. See In re Williams, 583 B.R. 453 (N.D. Ill. Bankr. 2018). In another opinion, Hunt declined to find that a loan of $80,000 taken out by a debtor was dischargeable in bankruptcy and that the lender failed to meet her burden to show that the loan was taken out through misrepresentation. See In re Wielogosinski, 628 B.R. 547 (N.D. Ill. Bankr. 2021).

Writings

In 2021, Hunt authored an article discussing her tips for effective advocacy from trial attorneys. See Hon. LaShonda Hunt, Dicta, Mirror, Mirror on the Wall: Observations on Trial Practice from the Other Side of the Bench, 40-10 ABIJ 26 (Oct. 2021). Among the tips in the article, which include emphasizing one’s theory of the case and effective use of discovery, Hunt describes the trajectory of her own legal career, noting that she is a “jack-of-all trades who knows a little about a lot.” See id.

Overall Assessment

Having cut her teeth in many different areas of law, Hunt would enter the federal bench with a deep understanding of civil law, although without requisite criminal experience. However, given her ability to thrive on the bankruptcy court without ever having practiced bankruptcy law, Hunt could reasonably argue that she has the skills to successfully learn and administer criminal law as well as she can on the civil side.

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Judge Jeffrey Cummings – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

A former colleague of President Barack Obama at a civil rights firm in Chicago, U.S. Magistrate Judge Jeffrey Cummings has been nominated for a federal judgeship in Illinois.

Background

Cummings received a Bachelor of Arts with High Honors from Michigan State University in 1984 and a J.D. cum laude from Northwestern Pritzker School of Law in 1987. Cummings then clerked for Judge Ann Claire Williams on the U.S. District Court for the Northern District of Illinois (Williams would later be elevated to the Seventh Circuit).

Subsequently, Cummings joined the Chicago based civil rights firm Miner, Barnhill & Galland, P.C., where President Obama served as an associate from 1993 to 1996 and as of counsel from 1996 to his senate election in 2004. Cummings served as co-managing partner of the firm until his appointment as magistrate judge in 2019.

History of the Seat

Cummings has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened by operation of law on December 5, 2022, when Judge Robert Dow was appointed by Chief Justice John Roberts as counselor to the chief justice.

Like fellow Northern District nominees Nancy Maldonado, Lindsay Jenkins, and LaShonda Hunt, Cummings was recommended for the federal bench by Illinois senators in December 2021.

Legal Career

Cummings has spent virtually his entire career before joining the bench in civil rights work at Miner, Barnhill & Galland, P.C. He primarily worked in employment discrimination cases, most notably securing a $630,000 settlement to a class of black workers with Area Erectors, Inc., who alleged termination based on race. See Area Erectors, Inc. to Pay $630,000 to Class of Black Workers in Race Discrimination Lawsuit, Targeted News Service, May 29, 2009.

Cummings has also served as a civil defense attorney, defending a beer distribution business against a discrimination suit brought by white contract drivers, who argued that they were fired because the owner came under pressure from the black community to hire more black drivers. See Baker v. Elmwood Distributing Inc., 940 F.2d 1013 (7th Cir. 1991). The Seventh Circuit affirmed the dismissal of the suit, finding that, under Supreme Court precedent, discriminatory discharge is not actionable under 42 U.S.C. Sec. 1981, the suit they sued under. See id. at 1017.

Outside the employment context, Cummings represented plaintiffs in a suit alleging that Chicago’s aldermanic districts discriminated against the voting rights of Hispanics. See Political Action Conference v. Daley, 976 F.2d 335 (7th Cir. 1992). The suit was dismissed by Judge Judge James Moran and the Seventh Circuit affirmed. See id. Alongside Obama, Cummings also represented the voter registration organization ACORN in suing the State of Illinois in seeking to have it comply with the National Registration Act of 1993, which the Seventh Circuit ended up ruling unconstitutionally infringes upon state prerogatives. See ACORN v. Edgar, 56 F.3d 791 (7th Cir. 1995).

Cummings has also been a defendant, being sued by an ex-partner who alleged Miner, Barnhill & Garland failed to pay her post-departure compensation to which she was entitled. See Willenson v. Miner, Barnhill & Garland P.C., 998 N.E.2d 984 (Ill. App. 3d 2011). The suit ended with judgment in favor of the firm defendants.

Jurisprudence

Cummings has served as a U.S. Magistrate Judge since his appointment in 2019. In this role, he presides over arraignments, bail hearings, and non-dispositive motions. He also handles civil cases by consent of the parties.

Among his rulings as U.S. Magistrate Judge, Cummings ruled that Illinois Governor J.B. Pritzker would not be required to sit for a deposition as part of a discrimination case against his 2018 campaign. See Pritzker Won’t Have to Sit for Deposition, The Capitol Fax Blog, Feb. 25, 2020. Cummings also ordered the pretrial release of Jim Bob Elliott, an Aurora based member of the far right group the Proud Boys, who was arrested for his participation of the January 6th Capitol breach. See Jon Seidel and Tom Schuba, Aurora Man Charged in ⅙ Capitol riot Riot: Up to a 20-year Prison Term Possible if Aurora Man is Convicted, Chicago Daily Herald, Dec. 22, 2021.

Notably, Cummings recommended that Kroger receive an injunction barring Grubhub from using its new logo, which Kroger alleged was similar to the logo of its brand HomeChef. See Celeste Bott, Ill. Judge Recommends Injunction in Kroger, Grubhub TM Row, Law360, Apr. 12, 2022. U.S. District Judge Charles Norgle declined the recommendation, finding that the plaintiffs had not established a likelihood of success on the merits. See Jasmin Jackson, Kroger Loses Bid to Block Grubhub from Using Logo, Law360, May 26, 2022.

Political Activity

Cummings has frequently donated to Democrats over the course of his career, including to President Barack Obama and Sen. Tammy Duckworth.

Overall Assessment

A litigator with three decades of experience and a sitting magistrate judge, Cummings can claim the experience and the knowledge to become a successful trial judge. While he is sure to draw opposition for his work as a civil rights litigator, Cummings is also likely to, with the support of Senate Judiciary Committee Chairman Richard Durbin, sail to confirmation over such opposition.

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Judge Wesley Hsu – Nominee to the U.S. District Court for the Central District of California

Los Angeles based judge Wesley Hsu, a former federal prosecutor, has been tapped for the federal bench.

Background

Wesley Hsu got a B.A. degree from Yale University in 1993, and a J.D. from Yale Law School in 1996. After graduating, Hsu clerked for Judge Mariana Pfaelzer on the U.S. District Court for the Central District of California.

After his clerkship, Hsu joined Gibson, Dunn & Crutcher LLP. In 2000, he shifted to become a federal prosecutor with the U.S. Attorney’s Office for the Central District of California. He held that post until he was appointed to the state bench by Governor Jerry Brown in 2017. Hsu currently serves as a state judge.

History of the Seat

Hsu has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on February 14, 2022, by Judge Virginia Phillips’ move to senior status.

Legal Experience

Hsu started his legal career at the firm of Gibson, Dunn & Crutcher LLP.

Hsu worked at the U.S. Attorney’s Office between 2000 and 2017, working as chief of the cyber crimes and property crimes section between 2008 and 2015 and as executive assistant U.S. attorney between 2015 and 2017. Hsu prosecuted Andy Garcia for hacking into the network of ViewSonic, a company that manufactures monitors. See Larry Dignan, Who Can You Trust?; Disgruntled Insiders Have Always Been the Biggest Threat to Your Network. But Now Geopolitical Tensions Raise the Ante on Checking Backgrounds of Those You Think You Can Trust, Baseline, Mar. 1, 2003.

Notably, Hsu prosecuted Michael Barrett, who plead guilty for secretly filming ESPN reporter Erin Andrews while she was nude. See Greg Risling, Westmont Man to Plead Guilty in Nude Video Case, Chicago Daily Herald, Dec. 11, 2009. Hsu also prosecuted Gilberto Sanchez, who pirated the movie “Wolverine.” See Michael Wilson, How a Bronx Glass Installer Became the Web Pirate Who Leaked ‘Wolverine’, N.Y. Times, Jan. 13, 2010.

In one of his biggest cases, Hsu prosecuted Hunter Moore, who created the site IsAnyoneUp.com, which allowed for widespread publication and dissemination of “revenge porn.” See Fred Shuster, Man Pleads Not Guilty in Internet ‘Revenge Porn’ Case, City News Service, Feb. 7, 2014. Moore was ultimately sentenced to two and a half years in prison. Doug Bolton, ‘King of Revenge Porn’ and IsAnyoneUp Owner Hunter Moore Given Two and a Half Years in Prison; Moore’s Website Specialized in Posting ‘Revenge Porn’ Pictures of People That Had Either Been Sent in by Ex-Partners or Stolen Through the Hacking of Victims’ Email Accounts, The Indepedent, Dec. 4, 2015.

Jurisprudence

Since 2017, Hsu has served as a judge on the Los Angeles County Superior Court. In this role, Hsu presides over trial court matters in criminal, civil, family, and other state law matters. Hsu is currently assigned to the Family Law Divison of the court.

Political Activity

Hsu has a couple of political contributions to his name, including one to State Controller John Chiang, a Democrat.

Statements and Releases

In 2014, Hsu was profiled in a Forbes article by Kashmir Hill. See Kashmir Hill, The Cyber Prosecutor Sending Nude-Photo Thieves to Prison, Forbes, July 31, 2014, https://www.forbes.com/sites/kashmirhill/2014/07/31/federal-prosecutor-nude-photo-hackers/?sh=80ab4c9ed6c2. The article discusses Hsu’s high-profile prosecutions, including those of Barrett and Moore. In the article, Hsu notes that he wanted to become a prosecutor after his parents were struck and injured by a drunk driver when he was a teenager. See id. Hsu also discussed his desire to be careful in prosecutions so as not to chill First Amendment activity, but also noted his hope to prosecute internet trolls to deter cyber-bullying. Id.

Overall Assessment

There is little in Hsu’s background that should complicate a comfortable confirmation. With a fairly conventional background, he should be confirmed relatively swiftly.

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Monica Ramirez Almadani – Nominee to the U.S. District Court for the Central District of California

Monica Ramirez Almadani is the second Biden nominee to the Central District of California to have served as President of Public Counsel, after Judge Hernan Vera.

Background

A native Californian, Ramirez Almadani received a B.A. from Harvard University in 2001 and a J.D. from Stanford Law School in 2004.

After law school, Ramirez Almadani clerked for Judge Warren Ferguson of the U.S. Court of Appeals for the Ninth Circuit. She then joined the ACLU Immigrants’ Rights Project as a staff attorney. In 2009, Ramirez Almadani moved to the Department of Justice as counsel to Assistant Secretary Tom Perez and then as senior counsel and chief of staff for Deputy Attorney General James Cole.

In 2012, Ramirez Almadani moved to Los Angeles to be a federal prosecutor. Three years later, she shifted to the Attorney General’s Office, serving as a senior advisor to then Attorney General Kamala Harris.

In 2017, Ramirez Almadani joined Covington & Burling as a special counsel. She held that position until she became President of the public interest law firm Public Counsel.

History of the Seat

Ramirez Almadani has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on April 1, 2022, by Judge John Kronsdadt.

Legal Experience

While Ramirez Almadani has held a variety of positions throughout her legal career, she has particularly made a name for herself in the field of immigration law. For example, she represented Juan Manuel Montes, a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program, who sued the Trump Administration after he was deported. See Deported DACA Recipient Sues Trump Administration for Unlawfully Withholding Information, Targeted News Service, Apr. 18, 2017. Ramirez Almadani was the primary attorney in the suit under the Freedom of Information Act. See Ray Sanchez, Laura Jarrett and Rosalina Nieves, Judge Attacked by Trump Could Order Return of Deported Man, CNN.com, Aug. 23, 2017.

Ramirez Almadani also represented the California state legislature as amicus curiae in a Chicago suit challenging Attorney General Jeff Sessions’ conditioning of grants to the end of sanctuary city policies. See City of Chi. v. Sessions, 888 F.3d 272 (7th Cir. 2018). She was part of the legal team for the City of Los Angeles in another suit challenging the same policies under Attorney General Bill Barr. See City of Los Angeles v. Barr, 941 F.3d 931 (9th Cir. 2019).

Similarly, in her role as co-Director of the Immigration Clinic of the University of California, Irvine, Ramirez Almadani represented Kelvin Hernandez Roman, who sued the Orange County Sheriff’s Department for failing to comply with California sanctuary laws. See

Writings & Commentary

In her roles, Ramirez Almadani has frequently commented on the law in the media. For example, she criticized Republican John Cox’s statements on forcing homeless individuals to get mental health treatment. See Meghan Roos, Mental Health Experts Assail John Cox’s Plan to ‘Force’ Homeless Into Treatment, Newsweek.com, June 29, 2021.

In 2022, Ramirez Almadani was Berkeley Law’s graduation ceremony speaker. See Staci Zaretsky, Law Schools Are Bringing Out the Best Legal Names as Speakers for In-Person Graduation Ceremonies, Above the Law, May 11, 2022.

Overall Assessment

Of all the pending California nominees, Ramirez Almadani is likely to draw the most opposition. Republicans will likely object to her work at the ACLU and in suing the Trump Administration. Nonetheless, the expanded Democratic senate majority should be sufficient to confirm her.

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Judge Marian Gaston – Nominee to the U.S. District Court for the Southern District of California

State Judge Marian Gaston, who has spent all of her pre-bench career as a public defender, has now been nominated to the federal bench in San Diego.

Background

Marian Gaston received a Bachelor of Arts from Emory University in 1993 and then a Juris Doctor from UC Berkeley School of Law in 1996.

Gaston then joined the San Diego County Public Defender’s Office. She held that position until Governor Edmund Brown appointed Gaston to the San Diego County Superior Court in 2015, where she currently serves.

History of the Seat

Gaston has been nominated to the U.S. District Court for the Southern District of California, to a seat vacated on August 1, 2021, by Judge William Hayes’ move to senior status.

Legal Experience

Before she was appointed to the state bench, Gaston spent nineteen years, her entire legal career, as a public defender.in San Diego. Among the cases she handled there, Gaston represented Jason Williams, who pleaded guilty to a hate crime for attacking a black neighbor with a flamethrower. See Escondido Man Sentenced to Prison for Hate Attack, A.P. State & Local Wire, June 28, 2000.

In other matters, Gaston represented Matthew Hedge, who was alleged with violating his release as a sexually violent prisoner. See Kelly Wheeler, Polygraph Expert: Sexually Violent Predator Lied During Routine Test, City News Service, Dec. 9, 2009. She also represented Philong Huynh, charging with sexually assaulting multiple heterosexual men in San Diego’s Gaslamp Quarter, and with killing one. See Kelly Wheeler, Prosectuor: Accused Killer Targeted Heterosexual Men, City News Service, June 1, 2011.

Jurisprudence

Since 2015, Gaston has served as a judge on the San Diego Superior Court. In this role, she presides over trial court matters in criminal, civil, family, and other state law matters. Among the cases she handled, Gaston terminated the parental relationships for juvenile M.P., finding that the father’s drug addiction and the mother’s inability to care for the minor justified termination, a decision that was upheld on appeal. See In re M.P., 2021 WL 1960088 (Cal. App. 4th May 17, 2021).

Writings

In 2000, Gaston was interviewed about her work as a public defender by Renee Harrison. Renee Harrison, Part Two: Domestic Violence: Representing Defendants in Domestic Violence Prosecutions: Interview with a Public Defender, 11 J. Contemp. Legal Issues 63 (2000). The interview focused specifically on domestic violence cases, and, during the interview, Gaston elaborated on her strategies for fighting and winning domestic violence cases. In the interview, Gaston criticizes mandatory arrest for domestic violence, stating that such laws place the burden of arrest on men. See id. (“The police always arrest men, so men are usually the ones on trial.”). Gaston also defended individuals charged with domestic violence, noting:

“Most of the men cry over what has happened. About half of our clients are in mutually abusive, pathetic relationships. Both people in the relationship are alcoholics or drug addicts, and/or emotionally undeveloped, and/or uncommunicative.” Id. i

Political Activity

Gaston has made a handful of political contributions during her time as a public defender, including one to President Obama in 2008.

Overall Assessment

With over 25 years of legal experience, Gaston certainly has the base level of qualifications to be a federal judge. She will likely draw opposition for her time in public defense and some may draw questions as well about her statements on domestic violence, although Gaston can reasonably argue that she was speaking as part of her role as an advocate.

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