The daughter of former federal judge James Munley, Julia K. Munley is poised to fill her father’s old seat on the U.S. District Court for the Middle District of Pennsylvania.
Background
The 57 year old Munley was born into a storied Pennsylvania family, with her great-grandfather, grandfather, and grandmother having served in the Pennsylvania General Assembly as Democrats. Munley attended Marywood University in Scranton, receiving a B.A. degree in 1987, and subsequently getting a law degree from Penn State Dickinson Law in 1992.
After graduating, Munley clerked for Judge Stephen McEwen with the Pennsylvania Superior Court and then joined Masterson, Braunfield, Maguire & Brown as an Associate. In 1995, Munley switched to Mazzoni & Karam, and in 2001, became a partner at Munley Law.
In 2016, Governor Tom Wolf appointed Munley to the Court of Common Pleas of Lackawanna County, where she currently serves.
History of the Seat
The seat Munley has been nominated for opened on September 30, 2022, with the move to senior status of Judge Robert Mariani. Mariani, in turn, replaced Munley’s father, Judge James Munley, in 2011.
Legal Experience
While she has shifted firms on occasion, Munley spent the first twenty five years of her career in private practice, practicing in state and federal court. Notably, Munley argued before the Third Circuit (with a panel including then-Judge Samuel Alito) on behalf of Wayne Stevens, who was accused of sexual harassment and won a four-day jury trial. See Johnson v. Elk Lake Sch. Dist., 283 F.3d 138 (3d Cir. 2002). The Third Circuit unanimously upheld the district court’s denial of the plaintiff’s motion for a new trial. See id. Munley also represented numerous Allstate agents in a suit against the insurance company alleging improper termination. See Romero v. Allstate Ins. Co., (E.D. Pa. July 6, 2016).
On the state court side, Munley has handled civil claims, including insurance litigation. See, e.g., Md. Casualty Co. v. McGrath, No. 355 MDA 2015 (Pa. Super. Ct. 2015).
Judicial Experience
From 2016, Munley has served as a Judge on the Lackawanna County Court of Common Pleas, which are the primary trial courts in Pennsylvania. As a judge, Munley presided over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters. A number of Munley’s rulings in family law matters have been appealed to the Pennsylvania Superior Court, which has affirmed. See, e.g., In the Interest of MM-A, No. 928 MDA 2017 (Pa. Super. Ct. 2017); Jablonowski v. Jablonowski, No. 1481 MDA 2018 (Pa. Super. Ct. 2019); B.V. v. J.W., No. 746 MDA 2020 (Pa. Super. 2020); Jones v. Jones, No. 1647 MDA 2021 (Pa. Super. 2022).
In a notable opinion, Munley held that a plaintiff corporation could sue in Pennsylvania state court without registering with the state as it had sufficient activity within the state. See SMS Financial Ch., LLC v. Bolus Truck Parts & Towing, Inc., No. 542 MDA 2022 (Pa. Super. 2022). The Pennsylvania Superior Court affirmed Munley’s ruling, finding it to be “detailed and well-reasoned” and that it “accurately and thoroughly disposes of the standing issue.” See id.
Political Activity
Munley has donated extensively throughout her political career until her ascension to the bench. Her donations are exclusively to Democrats, including Wolf, President Biden, and former Presidential candidate Hillary Clinton.
Overall Assessment
Munley is the first Pennsylvania nominee, since Senator Eastland made the blue slip a home-state veto, who would not need a blue slip from a Republican senator to reach the bench. That being said, her extensive home state contacts and legal experience, alongside her relative lack of controversy makes her a consensus nominee.
Congratulations to now judge Dale Ho. It was definitely worth the wait of over a year & a half to finally see you confirmed. I sent a letter to The White House early in 2021 with recommendations for the judiciary & Dale Ho was the very first name on that list so I’m extremely happy today.
Thank you to Ron Klain for reaching out to him. Thank you to senator Schumer for recommending him. This is the holy grail of judicial nominees. Now the judiciary can have a judge Ho we can be proud of.
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Slayyyyyyy
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An excellent day for the judiciary indeed.
Getting Choudhury confirmed and Cloture on Rikelman tomorrow will be another banner day as well.
My only hope is they can keep up the momentum until every outstanding nominee is confirmed (hopefully before the August recess).
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Ok now that the senate is adjourned for the day, time for some guessing. After Nusrat Jahan Choudhury is confirmed, that will be 99 district court judges confirmed under Biden. Who does everybody think will be #100? I will guess Kenly Kiya Kato since she is the only nominee still pending that was nominated before 2022.
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I thought about that earlier too Dequan. I’ll take a shot in the dark and say Jeffrey Cummings for ND Ill just because those Illinois nominees seem to always get priority. But would love for it to be Kato
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Cummings is a good guess. In addition to the Illinois nominees moving a neck breaking speed, he’s extremely close to Obama so that may give him a leg up. With a 2-day work week next week followed by a 2-week recess, it basically comes down to who Schumer wants to make sure doesn’t have to wait another month for confirmation. Other strong possibilities could be a nominee from a state that has more than one nominee pending. Massachusetts (2), Washington (3), California (4) & New York (2) all have multiple nominees that could be lucky #100.
And yea I definitely want to see Bloomekatz get confirmed next week before the 2-week recess. Hopefully they can fast track Ramirez similar to Roopali Desai so we can get her out of the way with as little time wasted.
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I think the Illinois nominees seem to jump the line since they have mostly been traditional and uncontroversial, making them easier to get confirmed.
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Personally I would love to see Schumer take next week and focus on appellate nominees. We could get another 2 confirmed plus cloture on a third.
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Dale Ho!
After being free all day to prep for a big meeting and watch C-SPAN, I had to go into the meeting right before all the votes were cast, so I missed the moment he was confirmed. No matter. I went back to watch it!
So very happy about this. I hope he’s already offloaded all his work so that he can quickly move into chambers and for us to have lunch!
Holly A. Thomas is my favorite Biden COA judge.
Dale Ho is my favorite Biden district court judge.
I’d love to be able to pick between his appointees on SCOTUS soon!
The next district court confirmation
I agree with Joe. Illinois nominees are fortunate to have both the floor manager of SJC nominations and the majority whip as their state’s senior senator!
COA nominees
I can’t figure out the rhyme or reason behind who Schumer calls up next. Why Rikelman but not Bloomekatz? Every single explanation fails when you look at the previous order of confirmations. Obviously, I’m not complaining, just wish I could explain it.
Besides Choudhury and Rikelman tomorrow, what next to look forward to? SCOTUS decisions! Tomorrow and Friday are decision days at 1 First Street!
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@Gavi
Do yourself a favor & rewind the C-Span to senator Cruz vote. Trust me, you will thank me later… Lol
As for what to look forward to next, hopefully we either get 3 – 4 district court nominees and/or Bloomekatz cloture motions sent tomorrow. Next week is only a 2 day work week so I wouldn’t expect much.
I too can’t figure out Schumer’s rhyme or reason for his order of nominees. I would try to keep them in order if age when possible. The one thing that should always be prioritized when you have all 51 senators healthy & in town is judges because for the most part all other nominees usually get at least one Republican vote except for your one offs like Rachel Rollins, Brian E. Nelson & a few others.
As for my favorites, I think it’s pretty obvious Dale Ho is my favorite district court judge. I gave the man his own holiday for God sake… Lol
As for the circuit courts, ooohhh that’s a tough one. Despite my harsh criticism of Ramirez, Childs & Pan, Biden overall has done a phenomenal job particularly on the circuit courts. I could flip a coin between Myrna Perez, Holly Thomas, Nancy Abudu & Rachel Bloomekatz. I had all but Abudu on my list when I wrote to The White House in early 2021. If Julie Rikelman was at least 5 years younger she could be my favorite.
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I think that Tim Scott’s primary chances have taken a hit. A number of Republicans are very irked at him for missing the Ho vote.
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I agree Gavi. Maybe Schumer knew Scott would be gone this week and the VP would be in town so he wanted to take the more difficult nominee first? Other than that it’s hard to figure.
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As I said, that’s one of the possible explanations that fails when held up against other such votes. We just don’t know haha
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This makes me happy:
Dequan, the Ted Cruz vote also made me happy.
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@Gavi
OMG your gonna bring a tear to my eye with that video… Lol
Hey with all the excitement we forgot one thing about Dale Ho’s confirmation. Schumer just gave a big f*ck you to Blackburn & her blockade of all New York judicial nominees. And tomorrow another from New York. That makes me even happier.
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Ha! Blackburn and her forgettable blockade. I didn’t remember a thing about it. Shows how successful it is.
In continuation of the national holiday today, I’ve just been consuming Dale Ho news, including memes like this:
https://twitter.com/n1n2w3/status/1669090944866566144?s=20
There are so many good ones, but I won’t spam you folks… with too many.
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Haaaaaaa… Don’t worry @Gavi. We still have 2 hours & 40 minutes left in International Dale Ho day. And any day that’s Marsha Blackburn gets a big middle finger put up in her face alone deserves it’s one holiday.
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Another reason I am savoring this Dale Ho joy is we’re very unlikely to experience it again under Biden. It would make me sad to think about that, so back to celebrating Ho.
Yeah, that ACLU stat is stark. Dale Ho is 46 now. I’d still be Team Ho for a SCOTUS seat even when he’s 55.
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Wait, is this stat correct? No federal judge has gone directly from the ACLU in 43 years? No way. WOW, that’s even more amazing. We’ll we won’t have to wait another 43 years or even 43 hours for the next one with Choudhury lines up for confirmation tomorrow.
(https://twitter.com/cdkang76/status/1669107437981278218?cxt=HHwWlICxzeOX7qkuAAAA)
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Yea I don’t want to think about after next week, we are not likely to see another A+ nominee through election day nor do I want to think about Ho should be on a circuit court instead of district court. Both are the ONLY reasons to be sad today.
I can’t believe neither Clinton or Obama were able to get a sitting ACLU judge confirmed & now Biden is getting two in 24 hours. Justs goes to show you how amazing Carter judges were. It was great he was able to add so many judgeships during his one term.
Oh yea & absolutely on Dale Ho still being good for elevation, 10, even 15 years from now. As I’ve said before, I am big on age & young nominees but there are exceptions. When you look up the word exception in the book, there is a picture of Dale Ho next to it… Lol
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This Dale Ho Fanboy stuff is getting weird. Send him flowers and candy if you are so infatuated.
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Ooohhh boy, leave it to @shawnee68 to try & ruin a great day. You never miss a moment to miss a moment… Lol
But not even you can wipe the smile of my face today.
On another note, Brian Fallon of Demand Justice is calling his shot… “Given his youth and brilliance, this ought not be the last time Ho comes before the Senate for a confirmation vote.”
(https://www.huffpost.com/entry/dale-ho-federal-judge-voting-rights_n_64823f29e4b06725aedea304)
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Durbin & his unwritten rules… Lol
(https://twitter.com/igorbobic/status/1668705915476795393)
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Ugh
This is a tough one for the senate.
On one hand, Biden should absolutely under no circumstances reverse this decision. He’s barely done enough to meet the moment on abortion post-Roe. This is hardly groundbreaking.
On the other hand, I don’t see how this gets resolved. There’s simply no practical way for the senate to work about his blockage.
His hold is hated on a bipartisan basis.
Even sneaking a vote in Tuberville’s absence might not work since there are others who would continue his objections (I think I’ve seen Lee do it recently).
So how do you overcome these objections?
I fear that Biden will cave, eventually superficially to allow everyone to save face. But that would still be rewarding him.
The best hope might be to sneak a vote during the week of a CPAC or looney conference and pray that all the crazies are out of town.
Dale Ho is still not a commissioned judicial officer yet. What a looooong delay! Haha. Next holiday is Dale Ho Judicial Commission Day.
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@Gavi
Yea the Tuberville hold is scary. Much more than Vance hold because there’s only a limited number of unfilled US Attorney vacancies left. And definitely much more serious than Blackburn’s absolute dumb hold on NY judicial nominees that had been smacked back in her face twice in the past 24 hours. I too do not know how it gets resolved. I see even senator Ernst tried to resolve it but he rejected her as well. I don’t want Biden to cave though.
And International Dale Ho Commission Day is definitely a holiday. Everybody except @shawnee68 will be celebrating… Lol
I actually wrote to @Ethan on another thread that for symbolic reasons, I think VP Harris should have chaired the vote even though her vote wasn’t needed. Then she should have walked the commission personally over to Biden & he sign it in front of the cameras the same day. Dale Ho is that great of a nominee that they could have made a big spectacle of it. I’m still super happy, particularly after I found out last night he’s only the second sitting ACLU lawyer to become a federal judge. Amazing stat
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What I would do is file cloture on military nominees right before the August recess and threaten to skip it unless Tuberville withdraws or skips town. Make Tuberville look like the non serious person he is and get everyone to hate him more. After a couple of 100-0 votes I think he’d finally relent.
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Choudhury confirmed 50-49. Keep ‘em coming & Tim Scott campaign for president for as long as possible… Lol
@Joe
I thought of that idea too. The problem is Tuberville in his entire senate career has said one thing I completely agree with him on. You wanna know what that one thing is? When objecting to one of the Democrats trying to confirm en banc the military nominees, Tuberville said if you really want to confirm them, vote on each one because the senate is taking too much time off. He then went on to give the stats of how much time the senate is taking off. So I’m not sure that strategy would work because he seems more then happy to work more unlike most of the other 99 senators.
Ok, back to more celebrating. Let me check to see if International Dale Ho Commission Day has begun… Lol
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Choudhury confirmed 50-49. Tim Scott out again.
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History was just made.
One more barrier broken for Muslim Americans.
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Muslim American Women*.
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Ahhh. Gotcha. Yeah, that’s ridiculous.
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I missed it last week, but Biden has now officially passed George Bush in terms of number of Active Service judges:
Obama – 258
Trump – 227
Biden – 131
Bush – 125
Clinton – 37
HW Bush – 11
Reagan – 11
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Thanks @Joe. Where are you getting those stats from? I think they are a little off because Trump got 230 judges confirmed & only the one from Louisiana that died has left the bench so just curious how it got to 227 instead of 229? Also I thought Reagan had 10 left.
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@Dequan I got it from the wikipedia page. It may very well be incorrect or out of date. On second look I’m not sure how they came to that 171 district court number for Trump, as he only had 174 district confirmations and several elevations (including Stephanie Davis).
https://en.wikipedia.org/wiki/List_of_presidents_of_the_United_States_by_judicial_appointments
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@Joe
Yea that Wikipedia page is definitely off. It says Trump had 177 distinct court judges but now 171 are active. As much as I wish 6 of his district court judges retired, that just isn’t accurate. Even if you add the 1 Louisiana judge that died & 3 of his district court judges he then elevated to the circuit courts, that still only adds up to 4 not 6.
But maybe the page will speak it into existence. If so, feel free to change the SCOTUS section by 1 or 2 justices off… Lmao
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Schumer sending cloture motions. Looks like Natasha Merle will be Biden district court judge #100.
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Yep plus a treaty with Chile. Guess that’s a priority to get out before break. Not sure I know much about it.
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I don’t know anything about the treaty with Chile but does it really take up that much time that it & Merle is the only thing they can do jest Wednesday? Seems like he could have sent another one or two cloture motions but I guess in Schumer we trust.
Cardin tried to confirm the military nominees again. Tuberville objected again.
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Interesting stat @Joe.
Those Reagan and Bush 41 numbers are ridiculous. Get a hobby, folks. Senior status rocks. Do it today.
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Looks like Chuck is telling Marsha to take her “hold” and shove it.
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I’m not even the biggest fan of Ramon Reyes nomination because of his age & not being particularly progressive but I’m almost in favor of Schumer confirming him before the recess just to unanimously give a big f*ck you to Blackburn… Haaaaa
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Merle has a deep background as a public defender and civil rights lawyer. She’s only 40 years so she should be a future contender on the next Supreme Court vacancy
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@Dequan
Not sure if you’ve seen this clip of Dale Ho but I think you’ll love it. I thought it was his reaction to being confirmed but it might be older.
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Oh man, I just saw this was already posted here.
Sorry for the duplicate post!!!
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@Mike It’s older, its from a documentary called “The Fight” showing Ho’s reaction to when he realized he won after arguing the Trump Census scotus case (Dept of Commerce v. NY)
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@Mike
Yea it was posted last night by @Gavi but any post confirmation Dale Ho related news, pics or videos are always welcome no matter how many times we have seen it… Haaaaaa
Now if you REALLY want to make me happy, send me video of Blackburn’s face as each New York nominee is confirmed despite her hold… Lmao
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Looks like Collins is trying to make up for her Kavanaugh vote. Manchin & Murkowski also voted for Rikelman’s cloture. Oh & Blackburn missed the vote along with Tim Scott. I guess she is somewhere trying to figure out if she put a hold on all NY judicial nominees, how are they getting confirmed… Haaaaaa
(https://twitter.com/SenatePress/status/1669412555524063232?cxt=HHwWgIC2ufr3-KouAAAA)
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I can’t imagine Bloomekatz having any issues either and may even get Collins and/or Murkowski vote
Maybe they can have her cloture vote next week, and confirm her the week they return after the 4th of July recess
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Bloomekatz should get just as just as much if not more votes than Rikelman. It looks like Schumer was setting up all the nominees he was afraid Manchin could vote against in a row. I’m assuming that was in coordination with the VP’s schedule but of course Tim Scott being out she wasn’t needed.
Honestly looking at the remaining nominees I only see Charnelle Bjelkengren as a possible Manchin no vote & hr probably will even vote for her. This was an extremely smart scheduling week for Schumer. I feel much much better about the judicial confirmations today then I did this time last week. He’ll give me another week & I may finally agree with @Frank & say there is enough time… Haaaaaa
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Very nice. And since there’s room to spare Schumer has scheduled confirmation as the first/only vote Tuesday night. Merle on Wednesday, I’d presume, plus the treaty. Maybe even can file cloture Tuesday on another nominee next week, could be time.
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@ Dequan
I don’t think Merle will have any problems either. The toughest 3 to get confirmed in my view are now awaiting their judicial commissions !! (Abudu, Ho, Choudary)
Now if only the WH will send names to senate.. At this point, let’s hope they send names during the recess and then they can be acted upon in Sept after the summer recess
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I agree @Rick. I don’t think the VP will be needed for any of the remaining nominees absent any attendance issues or problems that pop up that currently aren’t known. But I would be more than happy to get some more nominees that she will be needed for in the future. Does Dale Ho have any siblings that are attorneys? Haaaaaaa
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Surprised that Kenly Kiya Kato wasn’t set up for a vote given the opposition around her and that her seat is a judicial emergency.
Still hoping she gets confirmed before the break.
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I think Kenly Kato, Bjelkengren, and Kato Crews will be the toughest ones currently on the floor. I can see each of those being party line votes with the possibility that Manchin is a no on one or two.
I think Bloomekatz may be party line as well, but Manchin should be a yes. Not sure Collins and Murkowski will side on that one yet, but she seems fairly uncontroversial other than some of her pro bono work.
Overall though, very exciting stuff this week. Only 3 appellate and 14 district nominees should be left outstanding after the July recess. I’d love to see at least all of the 2021/22 nominees get confirmed prior to August.
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Hernan Vera received his commission today. Now the oldest judicial vacancy is officially over. Still waiting on Dale Ho & the others.
(https://en.m.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Joe_Biden)
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I expect Ho and the others to receive their commissions in short order due to the fact they are judicial emergencies.
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It’s going to take time for him to get settled. The man has no experience as a trial judge!
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Dale Ho has argued cases in front of the US Supreme Court. He is more qualified than some of Trump’s circuit court judges. He will settle in just find. The hardest part for his start will probably be finding parking… Lol
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Sonia Sotomayor said being a District Judge was the toughest job she had. This job is different than appellate work. You get assigned hundreds of cases.
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That’s fine. Hopefully Ho gets an “easier job” in the next few years… Lol
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Sen Manchin statement on his support for Julie Rikelman
https://www.manchin.senate.gov/newsroom/press-releases/manchin-supports-rikelman-nomination-for-first-circuit-court-of-appeals
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I have been wrong twice on Manchin votes. I thought he would vote yes on Abudu & I thought Rikelman would be the first Biden judicial nominee to get a Machin no vote while getting Republican yes votes.
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Dequan
I can’t believe you thought he’d vote yes on Abudu.
You’re forgetting Dale Ho. Last year you thought there’s no way any Dem would cause the defeat of his party’s majority leader’s recommended judicial nominee, implying Manchin would have been a aye if the vote had taken place then.
During election seasons, I think Manchin’s votes largely follow a familiar pattern: if Murkowski and Collins are nay, he’s a nay. If they’re a aye, he’s very likely a yay. This was true for Kavanaugh, during his last reelection. This is how he keeps his bipartisanship cred.
I was surprised by his support of Rikelman. It’s been a truism that Manchin will vote against nominees outwardly supportive of abortion or nominees who’s been less than nice on social media. That’s now only half correct. The politics of abortion is still scrambling conventional political wisdom, even in a place like WV. If he’s to win, he’s going to need every remaining WV Dem to show up. Moderating his previous anti-abortion stance is one way to make that happen.
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I have long believed that had we lost the senate in 2022 that Manchin would’ve been a yes on Abudu, Ho, and others. But, that is now purely hypothetical. As it stands, Dems increased their majority, so Manchin was given the flexibility to vote no.
Manchin seems to have moved to the left on abortion in the last few years, so perhaps he genuinely was not bothered by Rikelmans previous work. But, Collins and Murkowski were surely great factors as well.
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For those who keep track of these things:
Who might be the 22nd? DeClercq?
I don’t follow race stuff, so I don’t remember if there’s any others pending in SJC or on the floor.
Do you think Biden will get a chance to equal or surpass the total for all presidents combined?
Also, this might be a personal gripe, but I dislike how we too often conflate judicial appointment numbers. I like actual headcounts, not just number of confirmations, which skews the statistics. Schumer’s tweet says “confirmed… to the federal bench,” which a fair reading would imply does not include elevations.
I think it’s OK to give number of confirmations, but this should be clarified by including the actual number of persons confirmed, instead of the double-counting that elevations cause. But I suppose this it too much detail if you think the average Americans don’t care and aren’t following closely.
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Kenly Kato, Myong Joun, Rita Lin, Susan DeClerq, and Loren AliKhan are Asian or partially Asian I believe. There may be others I’m forgetting.
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Kenly Kato likely would be next. Myong Joun, Rita Lin also pending.
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@Gavi
My predicting Manchin would vote yes onAbudu last year was predicated on one thing. When I said it, Democrats were in real danger of losing the senate. I very much so believed Manchin would vote to confirm all Biden nominees during a post election Democrat senate majority lame duck.
As for the AAPI judges (Or any other category for that matter), I don’t believe in double counting. That’s why when people say Trump appointed 234 federal judges I always correct them to 230. He nominated & then elevated ACB & 3 others.
As for the pending AAPI nominees, there’s five waiting for confirmation so if Schumer’s count only includes confirmed nominees, Biden will crush the record. To answer your question as to who will be next, there’s only one nominee lest that was nominated before 2022 & they are AAPI so I will guess Kato. Join or Lin are also possible. The other two have not been voted out if the SJC yet.
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@Gavi
Now I have a question for you. How is Marsha Blackburn’s hold on all New York judicial nominees going? I haven’t been keeping up but it’s a shame no NY nominees can be confirmed until she releases her hold isn’t it? Haaaaaa
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Is there any NY nominee still pending? If not, then technically her hold is holding up well, as it’s blocking the non-existent nominees haha.
I’ve been following the calendar of the SDNY very closely and reaching out to my contacts about when Dale Ho might take up chambers. Their calendar is already set for next week. But could possibly change if Biden signs the commission.
Relatedly, it would be remiss of Dale Ho if he doesn’t send Blackburn a personally signed invitation for his investiture ceremony later down the line.
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After Merle next week we still have Ramon Reyes left. And NY still has two vacancies without a nominee. Surely Biden will not nominate anybody until Blackburn releases her hold right? Haaaaaaaa
Ok, now if Ho sent Blackburn an invitation to his first day then he would officially become my favorite judge of all time… Lol
Is it International Dale Ho Commission Day yet? Asking for a friend…lol
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Oh, right. How could I forget those.
Both or one of those vacancies might be Gillibrand’s to recommend, no? One would fall within her regular slot for recommendation and the other would maintain her slot for the unused (or unfulfilled) recommendee for Judge Hurd’s vacancy. I’m not sure how hard and fast the two senators are on their recommendation ratio.
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@Gavi
Sorry I thought I replied early but now see I didn’t. Yea one of the two remaining vacancies in New York should definitely go to Gillibrand under the 3 to 1 ratio deal with Schumer. Now I don’t know which one she will get but I’m hoping it’s the upstate seat.
I would much rather Schumer pick the Manhattan seat, which is the highest profile district court in the land. Schumer is much better at picking judges. Sadly the one judge from Gillibrand that I really liked, Jorge Rodriguez, never got a chance to be confirmed because of judge Hurd’s crap. If we got another nominee like him, if not him then I would be happy.
It it really doesn’t matter because neither seat will be filled until Blackburn drops her hold right? Haaaaaaa… You know when my great grandmother was alive she was much nicer than me. I would call out the stupidity of people like Blackburn repeatedly but my great grandmother would just look at them, shake her head & say “God bless their heart”… Lol
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Ha! I am more like you, but I concede that the “God bless their heart” is much more stinging!
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And if you saw my sweet innocent grandmother say it, it definitely would sting worse than anything we could say. But I’m not as nice as my grandmother was so I’ll continue the normal f*ck you response for any Blackburn hold replies… Lmao
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Looking ahead the next few weeks we should get a SJC hearing on July 12 with:
Brandon Scott Long
Jerry Edwards
Phillip Hadji
Possibly Matthew Maddox (not certain what’s up there)
There would be an open slot on July 26 before the August recess as well. Biden would need to announce nominees by June 28 at least for those to be eligible.
There are a max of 8 SJC hearing dates (9/6, 9/20, 10/4, 10/18, 11/1, 11/15, 11/29, 12/13) the rest of the year after that, so hopefully we get more in the way of nominees very soon.
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In defense of district court blue slips, without it, we may not have gotten Dale Ho.
Iris Lan was Trump’s nominee to replace Katherine Forrest when she resigned in 2018. Iris Lan was nominated and renominated, but was never given a hearing. The nomination then died after it was returned to Trump one last time after 2020.
Sure, we can conject that he would have been nominated for a different vacancy. But it’s impossible to know that for sure. What we do know is he was nominated to fill a vacancy that was left unfilled due in part to the blue slip.
Iris Lan may not have been a terrible Trump judge, but she wouldn’t have been half a Dale Ho.
Thank goodness for Dale Ho.
Thank goodness for the blue slip.
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@Gavi
That definitely is the biggest argument for keeping blue slips, all things equal. My problem is all things aren’t equal. Democrats work in good faith much much more than Republicans when it comes to blue slips. When I look at some of the hard line conservatives Trump got in New York & Illinois, I just don’t see that returned.
You can argue David Pappillion is the most liberal district court judge we have gotten in a red state. Even in his case he was first recommended for the 5th so I guess it would be hard to backtrack after recommending him for a higher seat.
Now if the argument is Democrats will respond in kind next time there is a Republican president & senate that’s one argument. But then there’s two questions. First, do we really think Democrats would respond in kind? Second, do we trust Republicans simply won’t ditch blue slips like they did for circuit court seats or the filibuster for SCOTUS when they didn’t get their way? I’m not too confident in either answer.
But in the meantime I will rejoice in blue slips leading to Dale Ho. Despite my feelings on the issue, that definitely is a short term gain for the long term pain.
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I, also, cannot answer either question too confidently.
I think in the future Dems are more likely to be more like the California senators vis-a-vis Trump district court nominees than the Illinois senators vis-a-vis Trump district court nominees.
Ironically, I think this answer to your first question is much likely to lead to a sure answer to your second, that Rs will get rid of blue slips in the face of a hypothetical blockade by home state Dems.
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Sadly that’s my biggest fear about Democrats not being first to ditch blue slips @Gavi. Senators Cruz, Hawley, Lee, Blackburn & others playing nice is just not something I can imagine, let alone a president DeSantis. And then we will get a Hell of a lot more James Ho’s then the one Dale Ho for the New York vacancies.
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Here’s a thought experiment for you and everyone:
In a world where you have to choose one or the other, which would you choose:
1: A senator’s use of the blue slip to block someone you think would have been an exceptional judge (for argument’s sake, let’s use Scott Colom for example) but could also be used to block truly horrendous nominees (e.g. Thomas Marcelle).
2: A senator’s use of the blue slip that eventually allowed confirmation of someone you think will be an exceptional judge (for example, Dale Ho or whomever you choose) but could also be used to later cause the confirmation of truly horrendous nominees (e.g. Matthew Kacsmaryk).
I lean toward the second scenario. One great judge on the bench is better than one great candidate NOT on the bench. And one great judge on the bench isn’t canceled out by another horrendous judge.
We could also run this experiment for a world without district court blue slips, but there’s no need, since this technically exists for COA nominations.
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If you are looking at electoral history, why stop at presidential? What about who controls the US Senate? What happens when the WH and senate are controlled by different parties in either scenario?
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@Gavi
I would have to go with scenario number 2. Democrats have won the popular vote in 7 out of the last 8 presidential elections. I will take my chances on Democrat president’s being able to fill red seats over Republicans blocking those seats to hold open for the 1 in 8 chances of a Republican winning the popular vote or even less of a chance of a Democrat winning the popular vote but losing the Electoral College (That has only happened five times despite it happening twice in the past decade & a half).
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@Gavi
I still would pick scenario #2. Nobody can become a judge without the president signing their commission. If a Democrat is president for 8 years, it’s almost a nonexistent scenario in which Republicans will control the senate all 8 years. Even if Democrats control the senate 4 of those 8 years, I would rather them to be able to fill as many seats as possible in those 4 out of 8 years instead of Republicans being able to block any red state seat from being filled the entire 8 years regardless of who controls the senate.
In scenario #1, Democrats could have an 80-20 senate majority for all 8 years of a president’s terms & theoretically, blue slips can still be used to block all seats for all 8 years in 10 red states.
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I tend to look at it as much more of a numbers game. I would much rather have 20 David Papillions confirmed to the federal judiciary than 10 Dale Hos and 10 Matthew Kaczmaryks.
Dale Ho is a great legal mind, no doubt. But he’s only one guy can only impact so many cases. Just my opinion.
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Another advantage to the blue slip tradition is I think it could play into our hands during a potential second Biden term. For example, if the Senate ends up 51-49 or even 52-48 R in 2025-2026 (remember that 2015-16 was 54-46!) I can see a scenario where many district court judges are still given floor votes if they have home state support and are very qualified/non controversial.
Had we abandoned Blue Slips this year, I think that calculus gets much more difficult.
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I doubt that if McConnell is the Majority Leader since he will want to keep as many seats as possible unfilled in hopes that a Republican wins the next presidential election. Frankly, I don’t see a situation where your scenario would come to pass, even if the majority was only 51-49.
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Certainly no appellate nominees would get confirmed, but 18 nominees got votes and were confirmed during Obama’s last two years. I see no reason why something similar to that couldn’t happen again. Particularly for nominees that have home state support from R senators.
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For sure (although I think in any case any Federal Circuit vacancies would be able to get filled). That really isn’t many nominees though.
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Yeah, I agree, Fed Circuit nominees might be able to squeak through too. It would be a snails pace for sure, but it would be better than nothing. And leaving Blue Slips in place probably helps that process along a bit as well.
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Looking back at this article underscores how quickly things can change in politics. This article was written on December 30, 2020. 21 days before Biden was sworn in.
The article states… “Even if just one of Georgia’s two Republican senators, David Perdue and Kelly Loeffler, holds on to his or her seat, which is likely, Senate Majority Leader Mitch McConnell (R-Ky.) will remain in charge. ”
(https://www.huffpost.com/entry/joe-biden-courts-progressive-nominees_n_5fecc527c5b6e7974fd18321)
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Crazy to look at the article and now be able to listen to Senators Warnock and Ossoff give speeches and recommend names to Biden. If it weren’t for those two winning their seats, we wouldn’t have District Judges Dale Ho, N. Choudhary, M. Guzman, etc., Along with Circuit Judges Nancy Abudu, Myrna Perez, Holly Thomas, (and eventually J. Rikelman), etc., 😎 Here’s to hoping that we can get rockstar nominees for those CCA vacancies in the 1st, 4th, 7th, and 10th.
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Ossoff & Warnock are my favorite Senate duo. The people of Georgia really saved this country on more than one occasion. I’m so happy they got the three excellent judges for the NDGA & 11th that they got as a reward. The only sad part is Trump got to fill so many Georgia vacancies that it’s not likely the duo will get any more judges anytime soon.
Of course my dream would be for Charles Wilson retire from the 11th in Florida & Abudu moves her duty station to Florida. Then that would open up another vacancy for Georgia. Abudu has worked in Florida so it’s not far fetched. We can only hope.
As for rockstar nominees for the 1st, 4th, 7th, & 10th, I doubt that. Only the 4th is likely. The 1st is possibly but unlikely with the senators we got there. For the 7th, the senators have been working in good faith with Biden so I expect we will get a nominee just as it a little less as good as Doris Pryor, who I gave an A- to. The 10th getting a rock start, haaaaaaaaaaaaaa… At this point I’ll be happy to get a nominee period.
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I just saw a clip of a major far-right supporter when he heard about Dale Ho being confirmed.
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I know I’ve mentioned other nominees that are pending & have waited over a year for confirmation. One I have not mentioned is Adrienne Jennings Noti. She was nominated September 30, 2021, for the Superior court of DC. Even though that’s a 15-year term limit seat, it’s still important to fill those seats, particularly with young progressives like her. She worked at the Center for Reproductive Rights which I am sure is the reason Republicans have not allowed a voice vote for her.
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Happy Julie Rikelman day to those who celebrate.
Haha.
I do hope they find time for Noti sometime this year. It’ll probably have to go through the full cloture process though.
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Haaaaaa… I definitely celebrate Julie Rikelman day. Let’s get her confirmed & on to Bloomekatz hopefully soon. Oh yea & maybe fast track Ramirez since The White House got rolled on the deal if the decade for Cornyn & Cruz…smh
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