Month: January 2024

Robert White – Nominee to the U.S. District Court for the Eastern District of Michigan

Federal prosecutor Robert White has been nominated to the federal trial court in Detroit, filling the last pending vacancy on the U.S. District Court for the Eastern District of Michigan.

Background

Born in 1985, Robert J. White received a B.A. from the University of Michigan in 2007, and his J.D. from the Chicago-Kent College of Law at the Illinois Institute of Technology in 2010. White then spent four years as an Associate at Ralph E. Meczyk and Associates before becoming a federal prosecutor with the U.S. Attorney’s Office for the Western District of Texas. In 2018, White returned to Michigan to be an Assistant U.S. Attorney at the U.S. Attorney’s Office for the Eastern District of Michigan, where he currently serves.

History of the Seat

White has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on August 1, 2023, when Judge Paul Borman took senior status.

Legal Career

White started his legal career at Ralph E. Meczyk and Associates, working in criminal defense at both the state and federal levels. However, since 2014, White has worked as a federal prosecutor, starting in the Western District of Texas and more recently in the Eastern District of Michigan.

Notably, White prosecuted a group of six individuals for a racketeering conspiracy related to their participation in criminal activities as members of the gang Young and Scandalous or YNS. See Melissa Nann Burke and Robert Snell, Biden Taps Prosecutor White for Federal Bench in Detroit, Detroit News, Jan. 10, 2024, https://www.detroitnews.com/story/news/politics/2024/01/10/president-biden-taps-prosecutor-robert-j-white-for-federal-bench-judge-in-detroit/72165594007/. The case included allegations that the co-defendants engaged in a pattern of murder and violence in the Brightmoor neighborhood to intimidate the locals and thus enable them to carry out crimes with impunity. See 5 Young and Skantless Detroit Gang Members Indicted on RICO Charges, CBS News Detroit, May 17, 2017, https://www.cbsnews.com/detroit/news/detroit-yns-gang-indictment/.

As a member of the office’s Drug Task Force Unit, White prosecuted Savinder Singh, a Canadian truck driver, for trying to drive a semitrailer into the United States with over 300 pounds of cocaine. See id. See also United States v. Singh, 5:21-cr-20686 (E.D. Mich.).

Overall Assessment

At 38 years old, White would be, if confirmed, the youngest district judge not only in Michigan, but also in the Sixth Circuit (with only 2-3 younger judges across the country). That being said, White has been litigating for fourteen years and has experience on the criminal side on both the state and the federal level (albeit less civil experience). All in all, while White is unlikely to draw widespread support, he is nonetheless favored to be confirmed to the bench in due course.

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Melissa DuBose – Nominee to the U.S. District Court for the District of Rhode Island

Nominated nearly a year before the seat she is seeking to fill opens, Rhode Island Judge Melissa DuBose is poised to become the first judge of color and first judge from the LGBTQ community on the Rhode Island federal district court.

Background

A native Rhode Islander, Melissa DuBose was born in 1968 and attended Providence College, graduating with a Bachelor of Arts degree in 1990. DuBose subsequently spent a decade working as a high school teacher before getting her law degree from Roger Williams School of Law in 2004.

After graduating, DuBose joined the Rhode Island Attorney General’s Office under then Attorney General Sheldon Whitehouse (now a U.S. Senator and a member of the Senate Judiciary Committee). In 2019, DuBose became in-house counsel for Schneider Electric. Since 2019, DuBose has served as a judge on the Rhode Island District Court in Providence.

History of the Seat

DuBose has been nominated for a vacancy on the U.S. District Court for the District of Rhode Island. This seat will open on January 1, 2025, when Judge William Smith takes senior status.

Legal Experience

After spending a decade as a high school history and civics teacher, DuBose went to law school after one of her students committed a murder as part of a gang fight. After law school, DuBose worked as a special assistant attorney for the Rhode Island Attorney General’s Office, prosecuting juveniles.

From 2009 to 2019, DuBose worked on ethics and corporate compliance in-house with Schneider Electric, an energy company based out of France.

Jurisprudence

In 2018, Gov. Gina Raimondo (now the Secretary of Commerce) appointed DuBose to the Rhode Island District Court. DuBose was subsequently confirmed to the court in 2019, where she has served as a trial judge since, presiding over both civil and criminal cases. DuBose is also a member of the Committee on Racial and Ethnic Fairness in Rhode Island Courts and is chair of the Public Engagement and Education subcommittee.

In addition to her time as a judge, DuBose also serves on the Board of Directors for the Roger Williams University School of Law, and chairs the Board’s Diversity & Inclusion Committee.

Political Activity

DuBose has a relatively brief political history, with small donations to Democrats Angel Taveras and Joseph Fernandez.

Overall Assessment

In Whitehouse, DuBose’s historic nomination has a powerful ally on its side. While she is likely to draw a number of questions regarding her views regarding diversity and inclusion in the court system, Whitehouse’s support should ensure a smooth and on-track confirmation for DuBose.

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Jasmine Yoon – Nominee to the U.S. District Court for the Western District of Virginia

An in-house attorney at Capital One, Jasmine Yoon, would be, if confirmed, the first judge of color on the U.S. District Court for the Western District of Virginia.

Background

Yoon’s ties to Virginia go far back, as she received a B.A. from the University of Virginia in 2003 and a J.D. from the University of Virginia School of Law in 2006. Yoon subsequently spent three years as an Associate at Crowell & Moring LLP in Washington D.C. before clerking for Judge James Cacheris on the U.S. District Court for the Eastern District of Virginia. Subsequently, Yoon became an Assistant U.S. Attorney for the Eastern District of Virginia, which she left in 2016.

In 2019, Yoon joined the University Counsel’s Office for the University of Virginia in Charlottesville. In 2022, she shifted to become Vice President of Corporate Integrity, Ethics, and Investigations at Capital One Financial Corporation.

Yoon’s husband, Christopher Kavanaugh, currently serves as U.S. Attorney for the Western District of Virginia, and has indicated that he will step down if Yoon is confirmed.

History of the Seat

Yoon has been nominated for the U.S. District Court for the Western District of Virginia. This seat will open on July 4, 2024, when Judge Michael Urbanski moves to senior status. In November 2023, Senators Warner and Kaine recommended Yoon and Roanoke attorney Patice Holland as potential candidates for the seat. Yoon was ultimately chosen by the White House

Legal Experience

Yoon started her legal career at Crowell & Moring in Washington D.C. Among the notable cases that she handled at the firm, Yoon represented Rodney Edward Brown, who was convicted of first-degree and second-degree assault and of use of a handgun in the commission of a crime of violence. See Brown v. State, 957 A.2d 654 (Md. Ct. Special Appeals 2008). Upon Yoon and her co-counsel’s arguments, the Maryland Court of Special Appeals ruled that the state, at trial, had failed to prove that a handgun was used in the offense, as the ballistics and forensic evidence only established that a firearm had been used, reversing that conviction. See id. at 674.

Between 2010 and 2016, Yoon worked as an Assistant United States Attorney for the Eastern District of Virginia under U.S. Attorney Neil McBride, focusing primarily on the prosecution of financial crimes. Notably, Yoon was part of a team of attorneys prosecuting the “Mega Conspiracy”, a joint criminal action seeking to commit copyright infringement and money laundering, causing over $500 billion in loss. See United States v. Batato, 833 F.3d 413 (4th Cir. 2016).

Yoon has been working as in-house counsel for the past four years, starting with working for the University of Virginia and then, for the past year, for Capital One.

Political Activity

Yoon has a limited political donation history, with a single donation to Warner’s campaign in 2022.

Overall Assessment

Despite her youth, Yoon has handled many of the most complex kinds of cases that she is likely to see as a federal judge, if confirmed. Given the lack of controversy in her background, Yoon should likely see a routine and comfortable confirmation.

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Ernest Gonzalez – Nominee to the U.S. District Court for the Western District of Texas

Longtime federal prosecutor Ernest Gonzalez has been nominated to fill a vacancy on the U.S. District Court for the Western District of Texas.

Background

Ernesto Gonzalez, who goes by Ernest, received a B.A. from the University of Texas at San Antonio in 1987 and a J.D. from the Thurgood Marshall School of Law at Texas Southern University in 1993. Gonzalez subsequently became an Assistant District Attorney in Bexar County.

In 2000, Gonzalez became a federal prosecutor with the U.S. Attorney’s Office for the Western District of Texas. In 2003, he shifted to become a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of Texas. He has held that position until 2023, when he became a senior advisor with the U.S. Department of Justice Criminal Division Narcotics and Dangerous Drugs Section.

History of the Seat

Gonzalez has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on December 1, 2022, when Judge Frank Montalvo took senior status.

Legal Experience

Gonzalez started his legal career in Bexar County (San Antonio) where he worked as a state level prosecutor. However, since 2000, Gonzalez has served as a federal prosecutor, starting in the Western District of Texas and then moving to the Eastern District of Texas and the U.S. Department of Justice.

During his time as a federal prosecutor, Gonzalez prosecuted a number of cases involving narcotics distribution. See, e.g., United States v. Loza-Gracia, 670 F.3d 639 (5th Cir. 2012). For example, he handled an appeal before the Fifth Circuit in a case involving the distribution of methamphetamine in Eastern Texas. See United States v. Garcia Mendoza, 587 F.3d 682 (5th Cir. 2009).

During the Covid-19 pandemic, Gonzalez also responded in opposition to motions for compassionate release for prisoners sentenced for narcotics distribution offenses. See, e.g., United States v. Dodd, 471 F. Supp. 3d 750 (E.D. Tex. 2020); United States v. Boutte, 568 F. Supp. 3d 706 (E.D. Tex. 2021).

Overall Assessment

As a lifelong prosecutor with extensive experience litigating on both the state and federal levels, Gonzalez brings a fairly conventional set of experiences to the bench, but this still should render him a fairly uncontroversial nominee. While Gonzalez may draw questions based on his lack of civil experience, given that he has the support of his home state senators, he should nonetheless be confirmed comfortably, while the White House can be happy with one of its political appointees moving to the bench.

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Judge Leon Schydlower – Nominee to the U.S. District Court for the Western District of Texas

El Paso based Magistrate Judge Leon Schydlower should be a safe choice to join the short-staffed Western District of District.

Background

Schydlower received a B.A. from the University of Texas at Austin in 1993 and a J.D. from the University of Texas School of Law in 1995. He subsequently worked with the Judge Advocate General Corps in the U.S. Navy for two years and then joined the U.S. Attorney’s Office for the District of Hawaii as a Special Assistant U.S. Attorney.

In 2000, Schydlower moved to El Paso to work for the Kemp Smith law firm and shifted to being a solo practitioner two years later. At the same time, Schydlower continued to work with the U.S. Navy Reserve and then with the U.S. Air Force Reserve Judge Advocate Corps.

In 2015, Schydlower was appointed as a U.S. Magistrate Judge for the Western District of Texas, where he currently works.

History of the Seat

Schydlower has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on February 26, 2021, when Judge Philip Ray Martinez passed away.

Legal Experience

Schydlower started his legal career with the U.S. Navy JAG Corps, and moved on to the U.S. Attorney’s Office for the District of Hawaii, where he prosecuted various offenses, including the theft of government property. See United States v. Chon, 210 F.3d 990 (9th Cir. 2000).

In 2000, Schydlower moved to El Paso and worked in private practice. Schydlower’s civil practice included medical malpractice cases, see, e.g., In re Navar, 143 S.W.3d 869 (Tex. App. 8th Dist. 2004), as well as federal habeas cases. See Berkley v. Quarterman, 507 F. Supp. 2d 692 (W.D. Tex. 2007). Schydlower has also represented plaintiffs in employment discrimination cases. See, e.g., Mitchell v. Zia Park, LLC, 842 F. Supp. 2d 1316 (D.N.M. 2012).

Among his more notable cases, Schydlower represented Maria Castillo, whose medical malpractice claims were dismissed by the trial court for failure to provide an adequate expert report, which was affirmed by the court of appeals. See Castillo v. August, 248 S.W.3d 874 (Tex. App. 8th Dist. 2008). Schydlower also represented Christopher Houseman, an immigration agent, who sued a Mexican publishing company for publishing his photo alongside an article about an immigration agent who had been arrested for involvement in narcotrafficking. See Houseman v. Publicaciones Paso del Norte, 242 S.W.3d 518 (Tex. App. 8th Dist. 2007). The defamation claim was dismissed, with a finding that a reasonable listener would be unlikely have been mislead by the photo and caption. See id.

On the criminal side, Schydlower represented defendants in both Texas and New Mexico, taking court appointed cases. See, e.g., United States v. Quaintance, 471 F. Supp. 2d 1153 (D.N.M. 2006). Schydlower also handled a number of criminal appeals before the Fifth and Tenth Circuits. See, e.g., United States v. Montano, 472 F.3d 1202 (10th Cir. 2007).

Jurisprudence

Schydlower has served as a U.S. Magistrate Judge since 2015. In this capacity, Schydlower presided over the pretrial aspects and discovery stages of cases, and prepared reports and recommendations for district judges. He also presided over cases by consent. Among the more prominent cases where Schydlower prepared a Report and Recommendation, he recommended that Judge David Guaderrama deny a motion for summary judgment brought by police officers sued for unlawful entry into the home of the plaintiff. See ER v. Jasso, 573 F. Supp. 3d 1117 (W.D. Tex. 2021). While the officers alleged that their actions were protected by qualified immunity, Schydlower rejected those claims, and Guaderrama agreed, denying summary judgment on those claims. See id.

Political Activity

Schydlower has a relatively limited political donation history, which includes donations to State Rep. Joseph Moody, and Rep. Silvestre Reyes, both Democrats.

Overall Assessment

As a judge with a plaintiff-friendly background who nonetheless has won the support of his home state senators, Schydlower should be seen as a consensus nominee and should be comfortably confirmed.

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Judge Kelly Rankin – Nominee to the U.S. District Court for the District of Wyoming

A Wyoming native with extensive ties to the legal community, Judge Kelly Rankin has been nominated to a lifetime appointment on the federal bench.

Background

Born in 1968, Kelly H. Rankin received a B.S. from the University of Wyoming in 1990 and a J.D. from the University of Wyoming College of Law in 1994. Rankin then spent a year at the Lincoln County Attorney’s Office before shifting to the Park County Attorney’s Office. In 1999, Rankin became the Park County Attorney.

In 2003, Rankin became a federal prosecutor under U.S. Attorney Matt Mead. In 2008, Rankin was appointed to replace Mead by President George W. Bush as U.S. Attorney, which he held until 2010, when President Obama replaced him with Christopher Crofts. Rankin then briefly served as Counsel to Democratic Governor Dave Freudenthal (himself a former Wyoming U.S. Attorney) before returning to the U.S. Attorney’s Office as Criminal Chief.

In 2012, Rankin was appointed as a U.S. Magistrate Judge in Wyoming, where he currently serves.

History of the Seat

Rankin has been nominated for a vacancy on the U.S. District Court for the District of Wyoming to replace Judge Nancy Freudenthal, who took senior status on June 1, 2022.

Legal Experience

While Rankin started his legal career as a prosecutor in a number of County Attorney’s offices, his name first appears in notable cases as a law student, when Rankin assisted the Wyoming Attorney General’s Office in opposing an appeal from a defendant charged with forgery and check fraud. See Black v. State, 869 P.2d 1137 (Wyo. 1994).

In 2003, Rankin became an Assistant U.S. Attorney with the District of Wyoming, in which role he prosecuted a variety of offenses, and argued before the Tenth Circuit as well. See United States v. Magallanez, 408 F.3d 672 (10th Cir. 2005). In 2008, at the age of forty, Rankin was nominated by President George W. Bush to be U.S. Attorney for the District of Wyoming and was confirmed by the Senate. As U.S. Attorney, Rankin supervised and directed all federal prosecutions for the District, including working with future Tenth Circuit Judge Gregory Phillips, when the latter was a federal prosecutor. See, e.g., United States v. Dennis, 551 F.3d 986 (10th Cir. 2008). Rankin also served as counsel of record on certain appeals before the Tenth Circuit. See, e.g., United States v. Brown, 556 F.3d 1108 (10th Cir. 2009).

Subsequently, Rankin spent a short stint as a legal advisor to Gov. Dave Freudenthal before returning to the U.S. Attorney’s Office as Chief of the Criminal Section.

Jurisprudence

Since 2012, Rankin has been a U.S. Magistrate Judge with the District of Wyoming. In this role, Rankin presides over cases where parties consent to his jurisdiction, presides over pretrial release and discovery issues, and writes reports and recommendations for district judges to approve. Among the cases where the parties consented to Rankin presiding, while sitting by designation in Colorado, he presided over litigation brought by a Sheriff in Park County who claims that he was demoted for criticizing the conduct of other Deputies who had engaged in a civil eviction that ended in the deaths of two individuals. See Tonjes v. Park Cnty. Sheriff’s Office, 300 F. Supp. 3d 1308 (D. Colo. 2018). Rankin denied motions to dismiss most of the claims brought by the plaintiff, finding that they had been plausibly alleged. See id. at 1332-33.

Among other notable opinions Rankin has authored, he denied a motion from Casper City Councilman Craig Hedquist’s to compel production of documents between the City Council and attorneys and other individuals related to an effort to remove Hedquist, finding that the documents were protected under the attorney-client privilege. See Hedquist v. Patterson, 215 F. Supp. 3d 1237 (Wyo. 2016).

Political Activity

While Rankin has worked for both Republicans and Democrats in his career, his donation history is entirely Republican, including donations to Mead, Sen. Mike Enzi, and the Wyoming Republican Party.

Overall Assessment

With the support of the White House, his home state senators, and extensive experience with the Wyoming legal community, Rankin represents a fairly consensus nominee and should be confirmed comfortably.

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Judge Ann Marie McIff Allen – Nominee to the U.S. District Court for the District of Utah

Judge Ann Marie McIff Allen would be, if confirmed, the only judge from Southern Utah on the federal district court.

Background

The daughter of former Republican State Representative Kay McIff and a Southern Utah native, Ann Marie McIff Allen received a B.A. from Brigham Young University in 1994 and a J.D. from Brigham Young University’s J. Reuben Clark Law School in 1997. Allen then went into private practice until 2007 when she became Deputy County Attorney for the Iron County Attorney’s Office. In 2013, she returned to private practice as a solo practitioner, although she also worked with Southern Utah University as Special Counsel and then General Counsel.

In 2020, Allen was appointed to be a judge on Utah’s Fifth District Court, where she has served since.

History of the Seat

Allen has been nominated for a vacancy on the U.S. District Court for the District of Utah to replace Judge David Nuffer, who took senior status on April 2, 2022. Allen was recommended for the vacancy by Sen. Mitt Romney.

Legal Experience

Allen worked in private practice at a number of different firms between 1997 and 2007 and then again between 2013 and 2020, focusing on civil practice. Between 2007 and 2013, by contrast, Allen worked for the Iron County Attorney’s Office, working both as a prosecutor and a public defender (County Attorneys in Utah have broad roles, including serving as a legal advisor, prosecution, and indigent defense).

Between 2017 and 2020, Allen worked as Counsel for Southern Utah University, where she served as a legal advisor to the University on Title IX compliance and other issues.

Jurisprudence

Allen has served as a judge on the Fifth District Court in Southern Utah since Governor Gary Herbert appointed her to the court in 2020. In Utah, District Courts are trial courts of general jurisdiction, which preside over all civil cases and all criminal felonies.

Among the notable cases Allen handled as a judge, Allen presided over a jury trial that found Darcy Anderson to be guilty of three felony counts relating to the sexual abuse of a ten year old victim. See Jeff Richards, Jury Finds Parowan Man Guilty of Sexually Abusing 10-Year-Old Girl in His Home, St. George News, Feb. 25, 2022, https://www.stgeorgeutah.com/news/archive/2022/02/25/jmr-jury-finds-parowan-man-guilty-of-sexually-abusing-10-year-old-girl-in-his-home/. Allen also found Jacob Schmidt, accused of running another man over with a car, to be competent to stand trial. See Jeff Richards, Cedar City Man Accused of Murder in Fatal Hit-and-Run Found Competent to Stand Trial, St. George News, Feb. 24, 2021, https://www.stgeorgeutah.com/news/archive/2021/02/24/jmr-cedar-city-man-accused-of-murder-in-fatal-hit-and-run-found-competent-to-stand-trial/.

Additionally, Allen was one of a group of judges who was sued in federal court by defendants who were challenging the bails set in their cases. See Medina v. Allen, Case No. 4:21-cv-00102-DN-PK (D. Utah Mar. 30, 2023); see also Jessica Miller, Lawsuit Challenges Utah’s Cash-Based Bail System, The Salt Lake Tribune, Oct. 4, 2021, https://www.sltrib.com/news/2021/10/04/these-utahns-are-too-poor/. The suit was dismissed by Nuffer. See id.

Overall Assessment

The District of Utah has a Salt Lake City focused bench, with the lone Southern Utah judge, Nuffer, having moved there in 2018 when the court opened a new division in Southern Utah. Allen, by contrast, has deep ties to Southern Utah, which would serve her well in building the legal community around the new division.

As for her background, Allen may draw questions about the lawsuit challenging her bail decisions, given that it was supported by a number of progressive organizations, but is nonetheless favored to be confirmed.

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Judge Susan Bazis – Nominee to the U.S. District Court for the District of Nebraska

U.S. Magistrate Judge Susan Bazis may have been passed over for a seat on the Nebraska Supreme Court in 2015, but she is now poised to take a seat on the federal bench.

Background

Born in 1968, Susan M. Bazis attended the University of Nebraska at Omaha and then Creighton University School of Law, getting her B.S. magna cum laude in 1990 and her J.D. in 1993. During law school, Bazis worked at Paragas Law Offices and continued with the firm upon graduation. Bazis also spent three years as an Assistant Public Defender while with the office.

In 2001, Bazis became a solo practitioner, which she maintained until 2007 when Govenor Dave Heineman appointed Bazis to the Douglas County Court.

In 2015, Bazis applied to replace Justice Michael McCormick on the Nebraska Supreme Court, but Sarpy County Judge Max Kelch was chosen for the seat instead.

Around the same time that she thwarted a car theft in 2017, Bazis left the state court bench when Judge Laurie Smith Camp appointed her as a federal magistrate judge, where she currently serves.

History of the Seat

Bazis has been nominated for a vacancy on the U.S. District Court for the District of Nebraska. This seat opened on February 6, 2023 when Judge John Gerrard took senior status. In early 2023, Sen. Deb Fischer recommended Bazis to the White House for nomination, and Bazis’ nomination was announced on December 19, 2023.

Legal Experience

Bazis started her legal career at Paragas Law Offices, while also having a short stint as a Public Defender in Douglas County. She then spent seven years as a solo practitioner in Omaha, during which time she handled a wide variety of cases including criminal defense and family law. Notably, Bazis has represented death penalty cases in challenges to their sentence. See, e.g., State v. Gales, 269 Neb. 443 (2005). Bazis also argued before the Nebraska Supreme Court on behalf of Edward Robinson, convicted of murder for a fatal shooting after a fight in the Popeye’s parking lot. See State v. Robinson, 724 N.W.2d 35 (Neb. 2006).

Among the family law cases that Bazis handled, she represented a father before the Nebraska Court of Appeals, who sought to have an order terminating his parental rights overturned. See In re Dylan Z., 697 N.W.2d 707 (Neb. App. 2005). The Court of Appeals reversed the termination of parental rights on the grounds of abandonment and neglect, finding that the appellant’s lack of presence in his son’s life was based on his lack of knowledge of the son’s birth, and not on a wilful abandonment. See id. at 719.

Jurisprudence

Bazis has been on the bench for the last sixteen years, starting as a state court judge and then moving on to be a U.S. Magistrate Judge.

State Court

Bazis served on the Douglas County Circuit Court between her appointment in 2007 and her appointment as a magistrate judge in 2017. During this time, Bazis also served as the court’s presiding judge for four years, and also served as an advocate to reform the state’s guardianship system. See Bill Kelly, Guardianship Reform Advances After Judges, Victims Share Concerns, Nebraska Public Media, Feb. 13, 2014, https://nebraskapublicmedia.org/en/news/news-articles/guardianship-reform-advances-after-judges-victims-share-concerns/. Additionally, during her time as a state court judge, she reported her colleague Gregory Schatz to the Judicial Misconduct Commission for improperly contacting the local jail to release one of his friends on a personal recognizance bond. See In re Complaint Against Schatz, 845 N.W.2d 273 (Neb. 2014).

Federal Court

Since 2017, Bazis has served as a federal magistrate judge, in which role, she prepares reports and recommendations for district judges, handles discovery disputes and pretrial litigation, and presides over cases by the agreement of the parties. Among the reports and recommendations that she prepared, Bazis presided over an evidentiary hearing sought by Tracy Inman, who alleged that her counsel failed to file an appeal on her behalf, and ruled that Inman had not directed her counsel to file an appeal. See United States v. Inman, No. 8:21-CR-60 (D. Neb. Nov. 20, 2023) (Buescher, J.). Judge Brian Buescher accepted Bazis’ recommendation in denying Inman’s petition for relief.

Among the matters she has presided over, Bazis ruled that an Administrative Judge had a substantial basis to find that Amber Kraus was not disabled and thus was not entitled to disability benefits. See Kraus v. Saul, 988 F.3d 1019 (8th Cir. 2021). The Eighth Circuit affirmed Bazis’ ruling. See id.

Political Activity

Bazis has a handful of political contributions, including to the Nebraska Republican Party, Heineman and Congressman Lee Terry.

Overall Assessment

As a nominee, Bazis has extensive experience with both state and federal court, as well as the support of her home state senators. Given her close ties to Nebraska Republicans, it is unlikely that her nomination will prove controversial.

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Judge Robin Meriweather – Nominee to the U.S. Court of Federal Claims

U.S. Magistrate Judge Robin Meriweather, who has served on the federal bench in D.C. for the past six years has been nominated to a seat on the U.S. Court of Federal Claims.

Background

Meriweather received a B.A. from the University of Michigan in 1995, and her J.D. from Yale Law School in 1998. After graduation, Meriweather clerked for Judge Merrick Garland on the U.S. Court of Appeals for the D.C. Circuit and subsequently joined Jenner & Block as an Associate.

In 2007, Meriweather joined the U.S. Attorney’s Office for the District of Columbia where she stayed until appointed as a U.S. Magistrate Judge in 2017.

History of the Seat

Meriweather has been nominated for a seat on the U.S. Court of Federal Claims (CFC), an Article I court that hears monetary claims against the federal government. Judges to the CFC are appointed for 15-year terms, and can be reappointed. The seat Meriweather was nominated for opened up on September 30, 2023 with the retirement of Judge Patricia Campbell-Smith.

Legal Experience

Meriweather started her legal career at the firm of Jenner and Block, where she worked on a number of communications cases. See, e.g., Consumer Electronics Ass. v. Fed. Communications Comm’n, 347 F.3d 291 (D.C. Cir. 2003); Verizon Pennsylvania v. Pennsylvania Pub. Utility, 380 F. Supp. 2d 627 (E.D. Penn. 2005). Notably, she was appointed as an amicus on behalf of a former D.C. employee on a disability discrimination case. See Smith v. Dist. of Columbia, 430 F.3d (D.C. Cir. 2005). The D.C. Circuit reversed a grant of summary judgment against the plaintiff on the discrimination claim and remanded for trial. See id.

From 2007 to 2017, Meriweather worked at the U.S. Attorney’s Office for the District of Columbia. At the office, Meriweather worked in the Civil Division at the U.S. Attorney’s Office, defending claims brought against the federal government. See, e.g., Boardley v. U.S. Dep’t of Interior, 615 F.3d 508 (D.C. Cir. 2010). Notably, Meriweather argued before the D.C. Circuit on a suit arising from the termination of a contract with Voice of America after a contractor appeared in a music video criticizing the U.S. involvement in Iraq. See Navab-Safavi v. Glassman, 637 F.3d 311 (D.C. Cir. 2011).

Judicial Experience

Meriweather has served as a U.S. Magistrate Judge for the District of Columbia since her appointment in 2017. As Magistrate Judge, Meriweather handled reports and recommendations for district court judges as well as discovery matters. See, e.g., In re DiGuilian, 314 F. Supp. 3d 1 (D.D.C. 2018). Notably, Meriweather ruled that the District of Columbia had failed to adequately preserve evidence in a suit regarding four individuals who committed suicide in a D.C. jail, finding the District responsible for spoliation of evidence. See Mannina v. Dist. o Columbia, 437 F. Supp. 3d 1 (D.D.C. 2020).

Political Activity

Meriweather has made political contributions only to California Attorney General Rob Bonta, who was a classmate of hers at Yale Law School.

Overall Assessment

Meriweather comes to the Court of Federal Claims with extensive experience with civil litigation, particularly that affecting the federal government. She should be able to hit the ground running once confirmed.

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