Judge Julia K. Munley – Nominee to the U.S. District Court for the Middle District of Pennsylvania

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.

598 Comments

  1. Joe's avatar

    I hope Biden respectfully hears all their complaints and then sticks to his original nominations. They are good picks.

    Unless you’re going to break the blue slip tradition, letting House members make all the nominations is just going to result in more seats left unfilled. And that doesn’t help anyone or do anything to defend Civil Rights.

    Like

    • Dequan's avatar

      @Joe

      I agree. Unless Durbin is going to scrap or at the very least amend blue slips, then there is no reason to give anything more than a courtesy meeting to hear their complaints. It’s bad that Louisiana is the state that triggered this because I believe Kennedy & Cassidy have worked in good faith. For that reason alone, even if I got 100% of what I wanted & blue slips were totally scrapped, I would probably keep these two nominees.

      Like

  2. Gavi's avatar

    Sorry, I meant to respond to Dequan and Frank as a stand-alone comment, reposted here:

    Ha!
    “Biden may listen to their request after looking at those names.”
    Dequan, I would eat my head if Biden backtracks by withdrawing the nominations because of this letter. And I would eat it without ketchup, too.

    It took Rand Paul for Biden to not go forward with the Chad Meredith nomination; it will take the LA senators’ non-return of blue slips for this to have a similar ending. And these nominees are light years away from being a Meredith-type.

    @Frank
    That is incorrect. While there’s a long tradition of home state senators playing a role in judicial nomination for their state, it is not unusual for others to have a role, especially when the senators are of a different party than the president.

    CRS noted: “Although Members of the U.S. House of Representatives do not have a formal constitutional role in the confirmation of federal judges, the demographic characteristics of judicial nominees are also of interest to Members of the House.”
    And:
    “Rep. Charlie Gonzalez, “Nomination of Miguel Estrada,” Remarks in the House, Congressional Record, daily edition, February 13, 2003, p. H685 (stating that the Congressional Hispanic Caucus “will actively work to identify and recommend qualified Hispanic candidates to fill Federal court vacancies”). Additionally, in 2014, the Congressional Black Caucus released a letter to urge President Obama to appoint a greater number of African American judges, particularly to certain judicial districts (e.g., the three judicial districts located in Alabama).”

    Starkly: Rep. John W. Flannagan, a New Deal Dem, recommended judicial nominees to FDR over the objections of Virginia’s two DEM senators.
    Jimmy Carter’s judicial nomination commission had members selected by home state senators AND congressmen.
    For my own state, during the Bush presidency, GWB got his recommendations from Republican Governor George Pataki.
    And of course, Kentucky’s Dem gov. Beshear was very vocal in his opposition of Meredith last year.
    Delegate Norton, a member of the House and decidedly not a senator, handles district court vacancy recommendations for DC.
    Florida’s Dem House members had their own commission to recommend nominees for Obama.
    Abdul Kallon was recommended by Alabama Dem Rep Artur Davis.
    The Tennessean reported that during the 111th Congress, Democrats from the Tennessee House delegation provided recommendations to the Obama White House for filling a vacancy on the United States District Court for the Middle District of Tennessee. Even if he doesn’t always go with their recommendations.
    Not to mention Clyburn for SC.
    In ND, we see that the state’s Dem Party has taken the lead on filling vacancies in that state.

    Just wanted to give a flavor of the various parties who get to “recommend” nominees, even if they don’t have a formal role in the confirmation precess.

    I am sure you’ll have many exceptions to make. While you think of them, I suggest you buy this useful book, it’ll save us time:
    Picking Federal Judges
    by Sheldon Goldman

    Like

    • Dequan's avatar

      @Gavi

      Oh I didn’t in any way mean Biden would withdraw the nominees because of the names on the letter. I was more so talking about perhaps he would change his stance on blue slips. Even that is a stretch but that is what I was referring to.

      I will reiterate what I said a couple months ago. I personally want blue slips gone but I doubt it will happen because the leader of the party is an institutionalist & hasn’t pushed for them to be scrapped. But if that were to ever change, it is likely to be because of pressure from some of the 9 names on the letter today.

      Like

      • Frank's avatar

        Not only is Biden opposed to the removal of blue slips for the district courts, but many of the Democratic judiciary committee members (including Durbin) have expressed a desire to return to blue slips on the circuit courts at some point in the future. While he hasn’t said it, I’d suspect Biden would like to see that as well (especially seeing how the new WHC is handling things).

        Like

      • Gavi's avatar

        @Frank
        Only in your hottest fever dream is that return to blue slip for COA a possibility. Even if a couple Dem senators express such a desire, that’s just lip service they are paying to a world long gone.
        I would make a claim that the first Dem senator who actually puts forth a serious proposal to return to those blue slips will be run out of office.
        History, of which you should be more familiar than all of us, suggests that these things only go in one direction and almost never in reverse.

        Liked by 1 person

      • Frank's avatar

        Gavi, I’m not saying that the Democrats should go that route, but the current set that the voters have elected are mostly of the traditional variety, so it shouldn’t be shocking if it does happen. I also highly doubt voters would punish them since the vast majority of them have no idea what a blue slip is and for the most part care little about the judiciary. Even the overturning of Roe v. Wade hasn’t shifted the attitude of voters as much as I thought it might.

        Like

    • Dequan's avatar

      I too thought Philip Hadji seemed to be an interesting choice. I couldn’t find much that would lead me to see why he was picked for that court. I have noticed an uptick in nominees with a military background from this new WHC office.

      Perhaps they are looking to increase veteran representation which is a good thing. I just don’t like to see it done at the expense of more progressive candidates. For this court it’s fine since it isn’t a lifetime appointment. But it does sting a little in cases like Jeremy Daniels when he’s picked over two more progressive choices.

      Like

  3. Dequan's avatar

    Irma Ramirez voted into the floor via voice vote with senator Hawley being recorded as a no. Hopefully she can be the first circuit court nominee to get a voice vote in almost a decade so not to waste floor time but probably not.

    de Alba got no Republican votes so she passed 11-10. Graham said he voted for her for the district court but can’t support her now for the circuit because she took an ankle bracelet off of a defendant. That case was talked about at length during her hearing. The defendant had two ankle bracelets & she left the other one on him.

    Like

  4. Joe's avatar

    I am very thankful that we have an outright majority on SJC (and had full attendance today). Would’ve hated to see de Alba held up.

    Hopefully we see some movement on Ramirez as soon as next week. No point in wasting time considering she should have broad support.

    Like

  5. Joe's avatar

    Looks like Hernan Vera and Casey Pitts are set for confirmation votes Monday or Tuesday. Good to see.

    Hopefully Schumer sets up a vote for Ho for next week. He probably will want to wait until Monday to make sure attendance isn’t an issue again.

    Like

    • Dequan's avatar

      I’m VERY happy to see Vera teed up. He’s the Biden nominee that has waited the longest for a vote. I actually think he will end up getting at least one Republican vote.

      I love Pitts but wished they would have teed Lin up first because I always want judges confirmed in order of age so you maximize the Chief Justices by Democrat appointees in the future. I guess the NDCA isn’t as important since all judges are Democrat appointees but still wish they would confirm them in order of age.

      I’m not happy at all to see the Chairman of the Council of Economic Advisers or the Under Secretary of State for Public Diplomacy teed up. Next week is one of the two full weeks the senate is in session before September. If there was ANY week to just focus on judges, next week should have been it.

      Like

      • Dequan's avatar

        @Frank

        Schumer could use the threat of working on the weekends to get more consent. For instance, just two weeks ago many were predicting the debt ceiling votes would go into that Friday & possibly Saturday. They finished Thursday night.

        There was I believe 11 amendment votes yet they finished Thursday night. When you threaten to have votes on Friday & Saturday then working until Thursday night doesn’t sound so bad. I’m not saying that needs to be done every week but even if you do that once a month, you can get two more district court judges confirmed each month. So Schumer most certainly can use the threat of working weekends more often to get more done.

        Like

      • Frank's avatar

        Didn’t Schumer already threaten weekend votes in 2021 and after the Republicans called his bluff, never did so, at least for federal judges, save for that deal right before Christmas 2021 where cloture votes were not used for several district court nominees so everyone could go home? You make a fair point, but the debt ceiling affects the economy, while confirming federal judges doesn’t, or at least not directly. Advocating for a different candidate is a much different animal than for scheduling weekend votes.

        Liked by 1 person

      • Gavi's avatar

        Dequan, remember Frank is a holdover of a different political era, when you just sit back and let things happen to you and hope for the best.
        Today’s emphasis on advocacy, no matter the outcome, is an anathema to the vestigial Eisenhowerians.

        Like

      • Dequan's avatar

        The worst thing about that thinking is we have seen in RECENT history that advocacy works. Need I not remind @Frank that we would have NY Court of Appeals Justice Hector LaSalle without advocacy. I’d venture to say we would have SCOTUS Childs instead of KBJ without advocacy.

        Like

      • Gavi's avatar

        Ahhh, now we’ve entered the Shawnee realm of false analogies.
        Shawnee has her “would you like to have the same job and car for 10 years.”
        Now Frank has his “would you like to be away from your family to do a job you personally signed up to do, spent many days and weekends on end away from them while campaigning, leave them to go on trips to go schmooze donors, but is now expected to do this hard-won job in DC.”
        Like Shawnee’s convenient about-face this week, I expect Frank to change his tune at the earliest convenience. And I will be ready and waiting with this quote when he does.
        In the meantime, I am happy to hold my US senators to account to do the job they begged me to vote for them to allow them to do. Others can enjoy the quite life on their rocking chair, eating their Jell-O.

        Liked by 1 person

      • shawnee68's avatar

        You can mis-describe what I have said all you want but I responded to you already. You accuse me of doing what of what you just did.

        There’s nothing wrong with having a family and working. You have a problem with that? Do you spend Thanksgiving and Christmas alone? Or do you work on those days?

        We want people with families to represent us so they can relate to our needs.

        How did you get here? Someone had to take time off of work to take care of you. Our nation’s policies are set up to support people with families. You HAVE one .

        We’ll see how far Tim Scott will get as a single man running for President. How can someone like him lecture women on their reproductive rights when he hasn’t been in a relationship. The man is over 50. At times @Gavi you remind me of him.

        Like

      • Dequan's avatar

        @Frank

        No, I wouldn’t want to be away from my family all weekend. That’s why I didn’t run for a job in which only 100 people get to represent over 330 million people. They work 3 days a week & increasingly only 2 days a week.

        Now if you ask me, I don’t think Russ Feingold & others would be calling to cancel some of the Sumer recess if they just stuck with the last two years schedule of working 3 days a week. But as we saw last week, when you only work 2 days a week, almost nothing gets done. So that creates the backlog we have today.

        We have 3 district court nominees that have were nominated in 2021. We have one circuit court nominee that has been pending over a year with another coming up on a year in another month & a half. Mitch McConnell would be hard pressed to make nominees from a Democrat president wait that long. It’s not fair to the nominees & more importantly it’s not fair to the citizens that their cases have to wait longer & they stand a better chance of getting a Republican appointed judge in the process. Look at the Trump indictment case. Judge Canon was picked again. Of course there are 3 vacancies on that court that if Biden had already filled them, it would have been much less likely her name would have randomly been selected.

        Like

      • shawnee68's avatar

        You keep saying that the Senate only works 3 days a week. There is more to the job than just voting on the floor. I think you know that. Let’s try to better at being honest.

        The nominees know what they were in for when they applied for the positions. It appears that you have more of a problem than they do.

        Yes, Judge Cannon appears to be possibly presiding at the Trump trial. It’s not set yet. However, she was reversed twice by the 11th Circuit.

        If the the DOJ doesn’t want her they can ask for another judge.

        Like

      • Joe's avatar

        For what it’s worth I do think Feingolds advocacy will mostly end up being moot, as most pending nominees should be confirmed prior to the August recess. However, that’s mainly due to lack of nominees from the White House and three missed hearing slots this year.

        We will get at least two this week with the possibility of a couple more. After Vera and Pitts there are only 4 appellate and 17 district nominees outstanding. Even in the 2.5 day weeks it would be easy to get 4-5 district nominees confirmed.

        We should hopefully get a clearer picture on Monday though. Personally I am hoping Schumer defiles for Ho and sets up a Wednesday vote and then sets up an appellate vote for Thursday.

        Like

      • Dequan's avatar

        @Joe

        I agree even with a 2-day work week (Sorry I can’t give a half day for one vote on the first day back… Lol), they could confirm most judicial nominees. The problem is by my last count, there are 31 non judicial, non-Department of State & Department of Defense (Both usually get voice votes) nominees left. Schumer seems to be equally focused on non-judicial nominees as he is judges.

        Last week he confirmed 2 non judges & has already teed up 2 for next week. So my worry is Schumer is still aiming for the low hanging fruit. That, more than the calendar itself is my second biggest worry after getting another true batch of nominees.

        Like

      • Joe's avatar

        I should clarify, that this will only happen if there is focus on confirming judicial nominees. If they mix in 2-3 undersecretaries or board members a week then it’ll be difficult. But the opportunity is there if there is focus.

        Like

      • Frank's avatar

        I think we will see some non-judicial nominees confirmed over the next few weeks, so I doubt all of the current nominees out of committee will receive a vote before the summer recess. Just because they are voting on those other nominees doesn’t mean there isn’t focus, it simply means that the Senate has different priorities than people commenting on this blog.

        Like

    • Dequan's avatar

      @shawnee68

      President Biden interviewed three people for the SCOTUS. Childs was one of the three so yes, I think he was considering her. If not, he would have interviewed just KBJ & justice Kruger.

      And yes, I know the senators do other things besides voting. The problem is the other things do not confirm judges. So yes, I think they need to spend more than 3 & increasingly 2 days a week voting, which is the only thing that confirms judges.

      Also, I know any decision by judge Cannon can be appealed to the 11th circuit. The problem is that takes time. We want the decision before the election next year. Her being the judge increases the case itself will be delayed, let alone a likely appeal.

      Like

      • shawnee68's avatar

        Not true. It was an open secret that KBJ was going to be chosen. She had already passed a background for the DC Circuit. She was a public defender which Biden had preferred.

        To say that just because Child’s received an interview that she was being seriously considered is untrue. That interview was done as favor to Clyburn , Graham and Scott.

        The possibility of Child’s being selected were slim and none.

        Like

      • Dequan's avatar

        @shawnee68

        Haaaaaaaaaa… An “open secret”? Damn, you got a bat phone to The Resolute Desk? Biden interviews three people out of over twenty in his list. Childs very much could have been the nominee.

        You have no more information than anybody else on this blog to suggest otherwise unless you’re telling us you have inside information (Which you’re not). Yes KBJ was the front runner but plenty of times the front runner was not the person selected & this very much could have been the case of Clyburn had pushed harder & advocacy groups hadn’t pushed so hard for Jackson.

        Like

      • shawnee68's avatar

        Yes, when Biden said in South Carolina that he would select a black woman for the Supreme Court eyes were on KBJ. Did anyone at that time think it was Michelle Childs? Of course not.

        I wanted Leondra Kruger to be chosen but it was well known here that KBJ was the preferred candidate.

        There was no way an obscure district court judge from South Carolina was going to be chosen.

        They had to interview other people in case something went wrong but there’s no reporting out there that suggests that Child’s being nominated was a possibility.

        Like

      • Dequan's avatar

        Haaaaaaaa… I keep on reading you say everybody knew. I remember right here on this bout the very real fear Childs was going to be picked. You’re just plain wrong. Childs was very much in the mix which is why you can’t send any verified credible article that backs up what you’re saying. I can send you several articles that shows Childs was credibly considered.

        Like

      • shawnee68's avatar

        It’s just common sense which isn’t common here. When KBJ was nominated for DC Circuit what were people saying? Were they talking about Michelle Child’s?

        No one had heard about Michelle Child’s until KBJ was confirmed to DC Circuit.

        The left is paranoid because they perceive her as a “conservative.” This is a term that is used to smear black judges hailing from red states.

        I am still waiting for someone to post a decision while on the DC Circuit that is “conservative.” It’s not true these so called “progressives” lie like the hard right GOP does. They are one of the same.

        Like

      • Dequan's avatar

        It’s just common sense which isn’t here… I see what else isn’t here, PROOF to back up one single solitaire word of what you’re saying. I guess all the articles I can actually send you showing Childs was credibly considered doesn’t hold a candle to you saying you heard she wasn’t… Haaaaaa

        Now one thing I will agree with you on is the left saying she is conservative. Let me be clear, while I know some have said that, her being conservative wasn’t the reason I gave for her being the worst SCOTUS pick from any Democrat president in my lifetime had she been chosen. My beef was there were much younger & more progress choices. That’s it, point blank. Same for why she was Biden’s worst circuit court pick until Ramirez came along.

        Like

      • shawnee68's avatar

        Yes, they did background and gave an interview but there was no way she going to be picked.

        I could say that Sidney Thomas was going to be picked because he had a background and an interview.

        I thought you were smart enough to know that Biden wanted to create the perception that they hadn’t made up their mind when they knew it would be KBJ. That’s politics.

        Like

      • Dequan's avatar

        Awesome. Now can you send me even just ONE article that backs up even a word of what you say? I’m sure you have plenty but just one will be good enough. If you need more time don’t worry, I’ll wait… Lol

        Below are just some of the articles backing up my version if events. Once you send me your evidence & articles, I will call the New York Times, Bloomberg Law, AP News & others to have them retract what they wrote because @Shanee68 has evidence to the contrary. Go ahead & send away. We’re all waiting & counting in you…lol

        (https://www.nytimes.com/2022/02/25/us/politics/ketanji-brown-jackson-supreme-court.html)

        (https://www.metro.us/biden-considers-judge-childs/)

        (https://apnews.com/article/stephen-breyer-supreme-court-leading-candidates-55b50413244dfa90c87c6d437b5d178e)

        (https://news.bloomberglaw.com/us-law-week/state-court-experience-would-make-childs-a-rarity-at-high-court-1)

        Like

      • shawnee68's avatar

        What you posted doesn’t advance what your position that Child’s would be selected. In fact, it shows the opposite.

        The folks on the extreme left (cancel culture club) were offended that Child’s was even interviewed. It was just a favor to friend and nothing more.

        I can’t think of a Supreme Court nominee who was just chosen without anyone else being looked at. It’s better strategy to create an element of surprise.

        In retrospect it’s obvious from KBJ’s background i.e former public defender and a brother and uncle in law enforcement. KBJ was a more logical choice and they knew her. Why wasn’t Child’s nominated for DC Circuit before KBJ?

        I personally would have preferred Leondra Kruger but she refused the Solicitor General job twice. You don’t have to be arguing cases before the Supreme Court to serve there but Kruger had both federal and state experience. She also has diversity in terms of being from California. The most populated state doesn’t have one person. That’s not right.

        Like

      • Dequan's avatar

        @shanee68

        How does me seeing articles from reputable verified news sources saying Childs was one of three women being heavily considered for the SCOTUS not advance what my position that Child’s would be selected? You have not sent me ONE article backing up what you’re saying, which is she was not seriously considered. I’ve sent you about four that says she was.

        You can’t say I am sending articles that show the opposite of my point when my point is Childs was heavily considered & all the articles I sent says she was heavily considered. Can you reply with four sources that says she wasn’t heavily considered? How about three, or two. I’ll make it easy for you. How about my four sources that I sent to back up what I am saying for just ONE source from you to back up what your saying… Lol

        Like

      • shawnee68's avatar

        You can use adverbs like “heavily” all you want. KBJ was the front-runner from beginning to end.

        There were only a few people who knew who the nominee would be . That would be Ron Klein and Joe Biden. Neither of those two men were cited in your articles. Yes, they did a background check and an interview but it wasn’t going to happy unless something went wrong with KBJ.

        Like I said before KBJ was chosen for the DC Circuit before Child’s. The Whitehouse knew that an opening would happen and aligned KBJ to fill the vacancy.

        I they did the Biden team did a good job of leaking to the press that others including Child’s were possible nominees. It was tactic to keep heat off of KBJ so that she could have smooth sailing.

        It never goes well when an administration tries to hand pick a single nominee without looking at others. This kind of happened when Bush chose Harriet Miers. He did not ask any Republican on SJC what her confirmation prospects would be.

        In his heart of hearts Biden wanted someone who was a public defender. That is what he got.

        Like

      • Dequan's avatar

        Ron Klein and Joe Biden were not cited in any of my articles but you still haven’t provided ANY articles at all. So I guess we have to go on the word of The NY Times, AP, Politico, & about a dozen more news sources or we can go on what you say with no evidence whatsoever to back it up… Lol

        Like

      • Dequan's avatar

        I guess if I’m staying up waiting on you to send the very first article or shred of evidence to back up what you’re saying I mine as well go to bed. I’ve sent you multiple verifiable sources to back up what I said. Two weeks later & you still haven’t sent the first Post-It note with anything to back up what you’re saying. So yea, I guess I mine as well go to sleep & hope week 3 you send some evidence… Lmao

        Like

      • Dequan's avatar

        Nice try moving the goal post but not gonna fly. You said she wasn’t “seriously considered”. The disagreement was not she wasn’t chosen. Obviously she wasn’t selected. Come on, you gotta try that trick with a rookie. Moving the goal list with people like me ain’t gonna work… Haaaaaa

        Like

  6. aangren's avatar

    Here is a link :https://afj-org.zoom.us/w/88443225830?tk=xwPL4pfRFMxd-FLJgNSqS_M_RtwVbFnF6BocRHAtLEQ.DQMAAAAUl6CG5hZ1ZGMzQTdJWlMxdVlmTm8xN3h0RWhnAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA&uuid=WN_HxaI9wEaQIacLz46iK961w

    It’s coming up by 3pm eastern time today with recently confirmed biden LGBTQ judge jamar walker in Virginia along with obama judges staci Yandle and judge Darrin gayles.
    They are going to talk about thier pathways and offer insights.

    Webinar ID:884 4322 5830

    Like

  7. Dequan's avatar

    Really good Zoom call sponsored by Alliance for Justice. Here are some of the highlights I jotted down.

    Judge Yandel said Obama was committed to diversity & Biden has doubled down. She spoke about many KBJ opinions proving diversity matters as you can see a different perspective. She hilariously reminisced about a senators question at her hearing when a senator asked if she will legislate from the bench or calls balls & strikes. She said she calls balls & strikes but her strike zone may be different then another judges. She spoke glowingly about judge Carlton Reeves.

    Judge Walker said people were going to his neighbors asking them questions about him. He said everybody in his batch was the first something so he commended Biden.

    Judge Gayles spoke about ways for aspiring lawyers could help their chances of getting clerkships.

    Like

  8. Gavi's avatar

    aagren & Dequan
    I missed it, but thanks for sharing and recapping. I love these events but simply can never make them, so I rely on watching the recording.
    Judge Jamar Walker is still new and I have lots of hope for him, but even right now I would sell my soul to have him replace Thomas on SCOTUS.

    Like

  9. Gavi's avatar

    We don’t need another confirmation that we’ve been living in Zients’ World, but here’s one more. He wants cabinet members to leave now if they plan on resigning so that he can avoid confirmation fights as the campaign heats up:

    https://www.axios.com/2023/06/07/zients-quiet-biden-cabinet-calls

    This is a great strategy… for *executive-level staff.*

    Unfortunately, we know that he has the same strategy for judicial nominees. The only way we’ll get decent nominees is if blue state senators send the WH a list of only decent nominees. If Dems send lists of decent recommendations and one bad or mediocre candidate, it’s a safe bet that the WH will go with the bad or mediocre candidate. For example, Oregon. Don’t expect any of the decent candidates from the recent list to be selected.

    This really makes me appreciate even more the days of Dale Hos we got.

    Relatedly, maybe Zients or someone else should make this same call to federal judges, encourage them to retire this year. Of course, this wouldn’t be groundbreaking. The Republicans did just that in the second half of the Trump Admin.

    Like

    • Dequan's avatar

      @Gavi

      I completely agree with you. As I said a couple weeks ago, I think de facto blue slips are back for circuit court vacancies. If so. The days of A+ or even A nominees are over unless we get lucky with a vacancy in a blue state. No more Rachel Bloomekatz or Andre Mathis. And with the current vacancies, I’m not expecting A+ or A’s for the 1st, 4th & damn sure ain’t expecting one for the 3rd knowing Menendez & Booker have any say so whatsoever in the decision.

      Like

  10. Dequan Hargrove's avatar

    I just noticed, this year we haven’t gotten more than one new batch in the same month. Even more concerning, the last six batches have alternated between 4 & 2 new nominees. No wonder the SJC has missed three hearing slots with a fourth likely to come.

    January 18 – 4
    February 22 – 2
    March 20 – 4
    April 14 – 2
    May 3 – 4
    June 7 – 2

    Like

    • Dequan's avatar

      This is great news. As I wrote on the blog a couple weeks ago, there are two more judges on the district eligible for senior status. Out of the 6 recommendations, I gave 5 of the 6 an A or A+ so I was really hoping for an additional vacancy. No reason why we shouldn’t get two outstanding nominees for Oregon.

      Like

      • Dequan's avatar

        The good news is out of the six Oregon recommendations, only one isn’t good. I literally would give four of them an A & Nadia Dahab A+. So even this WHC can’t screw two vacancies up. The key will be hopefully the one bad nominee isn’t chosen for either. Now that I wouldn’t be too confident in but with the math I’m hoping we can get two good or great picks just by mathematically mistake.

        Like

      • Gavi's avatar

        @Hank
        This morning I said that with Zients, we are guaranteed to get the bad pick for one of these vacancies.
        This is why senators’ recommendations should be airtight. That’s where we need to start from, to get good nominees.
        And I can’t even completely blame Zients. Pocan was on the same list with much better candidates, but the pre-Zients WH went with him. But we’re told that it’s all about senators and congresspeople don’t any much influence in these selections…

        Like

      • Dequan's avatar

        I’m thankful the 4th vacancy happened early in the administration. Warner & Kaine sent Tony Heytens with two district court judges bien 1960 & 1962 for recommendations. I said back then that’s basically sending only one name because the other two wouldn’t be seriously considered just based on their ages alone. Had that happened now, I’m not too sure one of the judges wouldn’t have been picked over Heytens.

        Illinois is another good example. They sent seven recommendations. There was initially just one vacancy so they picked one of the best options for the seat with Nancy Maldonado. Since then 4 more judges have been picked. I would argue the two remaining judges left to be picked for the one vacancy should have been the second & third picks. Now we will have to see if the WH picks Nicholas Gowen or Karen Shelley for the final vacancy.

        Like

  11. Connor's avatar

    I think Biden legacy will be more so on the district courts bc of how many judges that will match up with trumps total or even more. I don’t think he’ll get as much circuit court judges as trump sadly but these judges will help keep a liberal majority on circuit courts like the ninth,tenth,second and a few others.

    Like

  12. Mitch's avatar

    I am predicting there will be another package of nominees in 2 to 5 weeks. I expect it’ll consist of the three southern Florida nominees and the final nominee for Louisiana. Perhaps another nominee from other a blue state could be included.

    Like

      • Dequan's avatar

        The article said Cornyn was ready to recommend a couple of nominees. So if he hasn’t recommended yet, there’s no way they will be in the next batch even with supersonic vetting. Same for Wisconsin.

        If I had to guess the nominees for the next batch, there’s an outside chance the 3 from the SDFL are finished being vetted. Almost certainly we will get wither Nicholas Gowen or Karen Shelley for the NDIL. The South Carolina nominee is possible as the names were released a few months ago for the two-woman recommended. I would also guess one or both California nominees too. We could also get either or both New Jersey nominees.

        Like

  13. Joe's avatar

    And we get cloture motions for Choudhury and Rikelman. Excellent news!

    I wonder if this means Manchin might be a yes on Rikelman? Either way it’s very exciting, since she’s been one of the best Biden circuit nominees so far.

    Liked by 1 person

      • Dequan's avatar

        Today is my second favorite cloture motion day ever. I don’t think my personal favorite can ever be surpassed. After Democrats lost the senate majority in 2014, they were about to recess for Christmas with over a dozen judicial nominees not confirmed. I was literally SCREAMING at my television for them to file cloture motions but to no avail.

        Then all of a something Ted Cruz did some stupid stunt that kept the senate in session. Because of that, Harry Reid filed cloture on all of the remaining pending nominees. I think if I had run into Tedd Cruz that day I would have literally kissed him. That’s how happy I was at his stunt… Lol

        Liked by 1 person

  14. Joe's avatar

    I agree, Lee is a good one. It’s a big reason why I’m still defensive of Biden and Schumer at times. They’ve had some underwhelming picks no doubt but they and the Dem senate have put so many wonderful judges on the federal judiciary.

    I’m looking forward to more of them the next 18 months and hopefully beyond.

    Like

  15. Ryan J's avatar

    I think Manchin is almost certainly a nay on Ho and Rikelman.

    Manchin is potentially a nay on Bloomekatz, Kenly Kato, Bjelkengren, & Crews.

    de Alba might get zero Republican votes (at most she gets Collins & Murkowski) but Manchin will likely support her since the shenanigans Graham is pulling on her are similar to his justification for opposing KBJ’s Supreme Court nomination.

    Choudhury also might get zero Republican votes but I think Manchin likely supports.

    All other nominees are likely to get at least 1 Republican vote.

    Like

      • Dequan's avatar

        @Gavi

        Yea I know. I was saying there’s no punishment for what Vance is doing. So now we have to have a cloture & roll call vote for all these nominees that normally would just be a voice vote. So my point is there needs to be some form of punishment. If not, what’s stopping the Republicans from doing this?

        Like

      • Gavi's avatar

        I just checked, looks like he’s exempting US marshal nominees as well? Of course, he wouldn’t want the blame for blocking any law enforcement officers that could potentially impact court security.
        This will not be **too impactful to floor time, since they’ve been doing roll call votes on more and more DOJ nominees who were traditionally confirmed without fuss.
        But I agree, there needs to be some cost to these senators. I don’t think it’ll ever be blue slip; it should be with the scheduling of these votes (god forbid we get another tired lecture from Frank on this subject).

        Liked by 1 person

  16. Ben's avatar

    Hernan Vera confirmed 51-48. Great to have that one off the books. Tuberville missed todays votes so he could go be by the former president’s side tonight apparently and his colleagues are upset his absence means Harris isn’t needed for the tied Bernstein vote. Manchin is against. Too bad they haven’t scheduled Ho for tonight too.

    Liked by 1 person

  17. Joe's avatar

    I feel much better about this time Dequan. At least we have all 51 Dems in town this time plus Tuberville maybe still out of town.

    Getting Pitts plus cloture on Choudhury will be awesome as well.

    Like

    • Dequan's avatar

      Yes I feel better about tomorrow too. I know Trump doesn’t drink but it would be nice if he got Tuberville drunk & he woke up hungover tomorrow. Then his flight gets delayed & doesn’t get back to DC until around 8pm. That would be the perfect ending to International Dale Ho Day part 2… Haaaaaa

      Like

  18. Mike's avatar

    Excited to see first Muslim American judge confirmed to the federal judiciary on Thursday but disappointed they didn’t set up any more judicial votes for Thursday, really is a start and stop situation.

    Like

  19. Mike's avatar

    This is actually really rubbing me the wrong way. Why can’t they do on Thursday exactly what they’re planning to do Wednesday?

    File two clotures today for 2 district judges.

    Thursday: 11:30 AM confirm Nusrat.

    Cloture votes after lunch at 1:30pm and 2:30pm.

    Confirmation vote at 5pm and set 2nc confirmation vote for first thing next week. Just like that, 5 district judges in basically 3 full session days.

    Why, why can’t they do this, why can’t judges be their focus for ONE week?!

    Like

  20. Dequan's avatar

    Happy International Dale Ho Day part two y’all. I’ve got my tv on C-Span 2 as we speak. I’m watching Ted Cruz moan about Biden nominees being the most extreme he’s seen in his lifetime & how the Democrats won’t reject any of them. He knows how to make me feel good on this great holiday… Lol

    Liked by 1 person

  21. Gavi's avatar

    Quick check:
    What still undecided case are you most looking forward to this month from SCOTUS?
    Also, how do you *hope* (not think) that case will come out? (I’m not asking you to predict miracles; I just want to know how you’d hope the court decide a case, if you had the power.)

    Like

    • Dequan's avatar

      @Gavi

      My number one SCOTUS case for this term was decided last week. I predicted wrong in the redistricting case from Alabama. Thankfully I was wrong.

      Out of the remaining cases perhaps the one about state legislatures deciding the winners of elections. I’m not sure when that case will be decided but I’m hoping a majority of the justices know how bat sh*t crazy letting legislators overturn elections would be.

      Liked by 1 person

      • Gavi's avatar

        Let me stress that a final disposition of this case isn’t announced. I’d hate for anything to think that I was claiming to have any inside information haha. I was just using the clearly established practice to forecast what should happen next.
        Notwithstanding, this MAGA-SCOTUS may brush aside anything hindering it from reaching its preferred outcome.

        Like

      • Dequan's avatar

        Oh yes of course. I know you are just giving your opinion. Nobody on here has inside information. Well maybe except @shawnee68 who claims to know the White House never seriously considered J. Childs for the SCOTUS despite only 3 people getting interviewed by the president & she was one of the three… Lol

        By I will rejoice as we are only minutes away from the start of Dale Ho’s cloture vote. Oh happy day.

        Like

      • Gavi's avatar

        @Joe
        What do think the make-up of that majority will look like, either way? I can’t see it being anything other than a 6-3, with the conservatives prevailing. The most optimistic I am willing to go is 5-4, with Barrett joining the liberals.
        In ordinary times, this case would falter on standing and there’d be no reason to even get to the merits (which would mean the Biden program could proceed).

        Like

      • Joe's avatar

        Gavi, unfortunately I expect the conservative court to ultimately strike it down. I think the best chance for a Biden victory would be for them to kick it out based on standing. Perhaps John Roberts will convince one of the other conservatives to join him in order to avoid any more political fallback.

        But if I was betting the mortgage I’d say 6-3 against Biden.

        Like

  22. aangren's avatar

    Joe manchin is going to oppose ho and tuberville is back in session.

    Like

  23. aangren's avatar

    Thank you to senator sinema as much as i dont like her this is the core and substantial difference between a sinema and the best republican like collins, her vote has been crucial for abudu and ho and other judges too.
    She has been excellent on judges, which is funny because she is on the commerce committee and tanks biden FAA administrator nominee and other nominees as well

    Liked by 1 person

    • Dequan's avatar

      I said a while back had Sinema stayed a Democrat & cut out the over the top shenanigans, she likely would have gotten re-elected. As you said, she’s been rock solid on judges. She got Trump to nominate a Democrat to the district court & not only recommended an A+ nominee for the 9th, but got her confirmed in 50 days with a filibuster proof vote.

      Now on to continue celebrating. I’m happy to see Tim Scott is out of DC celebrating International Dale Ho Day today… Lol

      Like

    • Mike's avatar

      This is why I didn’t want Ruben to run, I think she would’ve won re-election pretty easy with Trump on the ballot in Arizona, especially if Lake ran but now I can only hope she retires but I’ve been seeing ads from her.

      Hopefully she realizes polling 20% in a 3 way ain’t it and bows out next year.

      Like

  24. Joe's avatar

    Sinema’s decision making in the last 18 months has been puzzling to say the least. Had she charted a more mainstream D track and not left the party then she probably gets the D nomination and wins in 2024 easily.

    Personally I think she was banking on a Mark Kelly defeat in 2022 and pitching herself as the only electable option to the party.

    Liked by 1 person

    • Dequan's avatar

      The article said Tim Scott is hosting a presidential campaign event in Iowa tonight. Something tells me Schumer & Durbin will be monitoring his schedule very closely over the next year or so. As soon as he post a campaign event for a future date, they should be teeing up the most liberal nominees for that date. I can see the Labor Secretary being scheduled for a vote at such a time as well.

      (https://news.bloomberglaw.com/us-law-week/senator-manchin-to-oppose-hos-nomination-to-new-york-court-seat?source=newsletter&item=read-text&region=digest)

      Liked by 1 person

      • Mike's avatar

        This would be pretty sweet, and it gives Manchin cover to bring down his voting with Joe % so they can’t use that as much against him with attack ads.

        Hope whatever billionaire is funding Scotts campaign to be VP keeps him on the trail for another 2-3 months.

        Like

      • Dequan's avatar

        Tim Scott has the sixth richest person on the planet bankrolling him. I expect he will stay in the race well into next year. He’s African American, conservative, from the crucial state of South Carolina, Trump will have many more missteps & money won’t be an issue for him.

        I fully expect Manchin to continue bucking his party with more no votes. Of course I also don’t expect too many more Dale Ho’s from this new WHC office so getting past next week, it may not be as much of an issue going forward anyway. The key is great strategy from Schumer like we saw this week. I’m not sure how far in advance Tim Scott post his schedule but I’m sure it’s got to be at least a few days in advance. Since cloture motions are usually sent a couple days before the vote, they should be monitoring Scott’s schedule daily.

        Like

  25. Dequan's avatar

    I just watched Ted Cruz storm in the senate floor & angrily put a thumbs down then immediately storm back out. My God if Dale Ho getting confirmed wasn’t good enough, seeing that visual makes it that much better.

    I remember for the Ho SJC vote Cruz asking is there any nominee the Democrats won’t rubber stamp. If President Biden sent a ham sandwich to the SJC would they confirm it too.

    @Gavi

    Please forgive me. I know it’s not Christian like to get so much joy from another man’s pain but I can’t help myself today. I promise I’ll do better tomorrow… Haaaaa

    Liked by 2 people

      • Dequan's avatar

        @Gavi

        Haaaaaaa… OMG if there was a tv station solely replaying Ted Cruz, Marsha Blackburn & a few more tears, I would happily pay to subscribe.

        @Zack Jones

        I totally agree. Dale Ho not being confirmed for a circuit court seat is the ONLY bad thing about today. I will try to not let that dapper my spirits though as otherwise this is a spectacular day. Now let me see if I can rewind C-Span 2 & rewatch the Cruz vote again…. Lmao

        Like

Leave a reply to Dequan Hargrove Cancel reply