Month: March 2024

Judge Rebecca Pennell – Nominee to the U.S. District Court for the Eastern District of Washington

After the stalling of Judge Charnelle Bjelkengren’s nomination to replace Judge Salvador Mendoza, Washington Court of Appeals Judge Rebecca Pennell has been put forward as an alternative.

Background

Pennell received her B.A. from the University of Washington in 1993 and a J.D. from Stanford Law School in 1996. Pennell subsequently clerked for Judge Robert Whaley on the U.S. District Court for the Eastern District of Washington before joining TeamChild as a Skadden Fellow, working on juvenile legal services in Yakima, Washington.

In 2000, Pennell became a public defender with the Federal Defenders of Eastern Washington and Idaho. Pennell stayed with the office until she was appointed to the Washington Court of Appeals in 2016. Pennell currently serves as a judge on that court.

History of the Seat

Pennell has been nominated for the U.S. District Court for the Eastern District of Washington. This seat opened on September 16, 2022, when Judge Salvador Mendoza was elevated to the U.S. Court of Appeals for the Ninth Circuit. President Biden previously nominated Charnelle Bjelkengren, a state court judge based in Spokane, to fill the vacancy. However, after a poor performance at her confirmation hearing, Bjelkengren’s nomination stalled and was ultimately not resubmitted by the Administration.

Legal Experience

Between 2000 and 2016, Pennell served as a federal public defender for Eastern Washington and Idaho, representing indigent defendants in federal criminal cases. Among her notable cases, Pennell represented Devonn Deshea Kinsey, arguing that police officers erred in patting down Kinsey and uncovering a pistol magazine. See United States v. Kinsey, 952 F. Supp. 2d 970 (E.D. Wash. 2013). Judge Edward Shea disagreed, denying the motion to suppress. See id.

Pennell’s duties included arguing a number of appeals before the U.S. Court of Appeals for the Ninth Circuit. See, e.g., United States v. Hernandez-Hernandez, 374 F.3d 808 (9th Cir. 2004). In one notable case, Pennell successfully argued that the government had erred in seeking to admit evidence after the defendant opened the door to officers who then entered his trailer without a warrant. See United States v. Quaempts, 411 F.3d 1046 (9th Cir. 2005). In another notable case that Pennell handled, the Ninth Circuit reversed Judge Fred Van Sickle’s decision to overturn a jury conviction for possessing a firearm while under a domestic violence restraining order. See United States v. Young, 458 F.3d 998 (9th Cir. 2006).

Jurisprudence

Since 2016, Pennell has served as a judge on the Washington Court of Appeals. Among her notable decisions on this court, Pennell joined a ruling holding that Washington’s Dealing in Depictions of a Minor Engaged in Sexually Explicit Activity prohibited a juvenile male’s texting of a picture of his genitalia to an adult female. See State v. E.G., 377 P.3d 272 (Wash. App. 3d Div. 2016). In doing so, the court rejected arguments that the statute couldn’t be applied against the “victim” of the conduct and that the statute violates the First Amendment. See id.

In other notable opinions, Pennell dissented from a Court of Appeals decision affirming an assault conviction, finding that the state’s evidence failed to show more than that the defendant “had been present at the scene of a crime.” See State v. Fleming, No. 33644-1-Ill. (Wash. App. 3d Div. Apr. 18, 2017) (Pennell, J., dissenting). In another case, Pennell overturned a trial court decision barring the defendant from contact with his son for five years, finding that the ruling failed to adequately consider the defendant’s fundamental right to parent his son. See State v. Torres, No. 33648-4-Ill. (Wash. App. 3d Div. Apr. 13, 2017). In yet another opinion, Pennell dissented from a decision affirming convictions for a defendant charged with assaulting a police officer, finding that the trial court should have rejected the defendant’s request to represent himself, given his severe mental illness. See State v. Evatt, No. 34963-2-Ill. (Wash. App. 3d Div. June 6, 2017).

Additionally, Pennell has also served as Justice Pro Tempore with the Washington Supreme Court, where she reversed convictions for felony murder, finding that the record did not support a finding that the defendant had robbed a safe as a predicate condition for the felony murder. See Matter of Knight, 538 P.3d 263 (Wash. 2023). Justice Virginia Madsen dissented from Pennell’s opinion. See id. (Madsen, J., dissenting).

Political Activity

Pennell has frequently donated to political candidates during her time as an attorney, including to many Washington Democrats including former Governor Christine Gregoire. Her sole donation after joining the bench has been to fellow Court of Appeals Judge Tracy Staab, when she was a candidate in 2020.

Overall Assessment

Over the last three decades, Pennell has gathered a significant degree of experience with both civil and criminal law. If confirmed, Pennell is likely to add a left-leaning presence to the Eastern District of Washington.

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Jeannette Vargas – Nominee to the U.S. District Court for the Southern District of New York

Former Sotomayor clerk Jeannette Vargas has spent virtually her entire legal career on the civil side of the U.S. Attorney’s Office for the Southern District of New York, which would serve her well if confirmed to be a federal district court judge on that court.

Background

Vargas received her B.A. from Harvard College in 1995 and her J.D. from Yale Law School in 2000. After law school, Vargas clerked for Justice (then Judge) Sonia Sotomayor on the U.S. Court of Appeals for the Second Circuit, before joining Simpson Thatcher & Bartlett. In 2002, Vargas joined the U.S. Attorney’s Office for the Southern District of New York, serving as Deputy Chief of the Civil Division since 2016.

History of the Seat

Vargas has been nominated to the vacancy on the U.S. District Court for the Southern District of New York vacated on August 9, 2023 by Judge Paul Gardephe’s move to senior status.

Political Activity

Vargas has made occasional political donations throughout her career, including donations to Biden and Hillary Clinton.

Legal Career

Vargas has spent virtually her entire legal career with the U.S. Attorney’s Office for the Southern District of New York, where she worked in the civil division (currently serving as Deputy Chief). Among the notable matters she handled, Vargas represented the United States in litigation of Chrysler following the auto bailout in 2008. See In re Chrysler LLC., 576 F.3d 108 (2d Cir. 2009). Vargas also represented the Central Intelligence Agency in defending against Freedom of Information Act (“FOIA”) claims brought by Amnesty International in seeking information about interrogation techniques. See Amnesty Int’l USA v. CIA, 728 F. Supp. 2d 479 (S.D.N.Y. 2010).

In another notable case, Vargas sued a registered sex offender who was employed as a superintendent in various apartment buildings for violating the Fair Housing Act by subjecting numerous tenants to sexual harassment and sexual extortion. See United States v. Barnason, 852 F. Supp. 2d 367 (S.D.N.Y. 2012).

Relating to criminal cases, Vargas also worked to defend against habeas actions challenging denials of release from the federal parole commission. See, e.g., Crutchfield v. United States Parole Comm’n, 438 F. Supp. 2d 372 (S.D.N.Y. 2006).

Vargas’ work has also involved arguing a number of appeals. For example, Vargas defended against suits brought by plaintiffs arguing that they were entitled to student loan forgiveness under the Higher Education Act of 1965, arguing that Judge Loretta Preska correctly dismissed the suits. See De La Mota v. U.S. Dep’t of Educ., 413 F.3d 71 (2d Cir. 2005). However, the Second Circuit reversed, finding that the plaintiffs were presumptively entitled to the student loan forgiveness. See id. at 74.

Most notably, Vargas represented the United States in defending successfully against FOIA claims brought by the New York Times seeking disclosure of CIA training programs in Syria and CIA treatment of detainees post-2001. See New York Times v. United States Dep’t of Justice, 939 F.3d 479 (2d Cir. 2019); New York Times v. CIA, 965 F.3d 109 (2d Cir. 2020).

Overall Assessment

Coming from a fairly conventional background without a record of controversial statements, Vargas’ biggest enemy for confirmation is likely the Senate’s limited calendar. As long as Democrats continue to prioritize judicial confirmations, Vargas should be confirmed in due course.

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Sparkle Sooknanan – Nominee to the U.S. District Court for the District of Columbia

Department of Justice attorney Sparkle Sooknanan is the White House’s second nominee to replace Judge Florence Pan on the D.C. District Court.

Background

A native of Trinidad & Tobago, Sooknanan moved to New York City at age 16 to attend St. Francis College, graduating summa cum laude in 2002. Sooknanan subsequently got an M.B.A. with Distinction from Hofstra College in 2003 and then started work at HIP Health Plan. Sooknanan continued working there while studying in the evenings at Brooklyn Law School, getting a J.D. summa cum laude in 2010.

After graduating, Sooknanan clerked for Judge Eric Vitaliano on the U.S. District Court for the Eastern District of New York, Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit and then for Justice Sonia Sotomayor on the U.S. Supreme Court. Sooknanan then joined Jones Day, becoming a Partner in 2020. Sookanan subsequently left Jones Day and joined the U.S. Department of Justice, where she currently serves as Principal Deputy Assistant Attorney General in the Civil Rights Division.

History of the Seat

Sooknanan was nominated, based on the recommendation of Delegate Eleanor Holmes Norton, to replace Judge Florence Pan, who was elevated to the D.C. Circuit on September 28, 2022. President Biden had previously nominated D.C. Superior Judge Todd Edelman to replace Pan, but despite being approved by the Judiciary Committee multiple times, Edelman never received a floor vote and his nomination was not resubmitted to the Senate in 2024.

Legal Experience

Sooknanan started her career in practice with a brief stint at the Department of Justice between her lower court clerkships and her clerkship with Sotomayor. During this time, Sooknanan had the opportunity to argue before the Ninth Circuit on a Federal Tort Claims Act case. See Dichter-Mad Family Partners, LLP v. United States, 709 F.3d 749 (9th Cir. 2013).

Between 2014 and 2020, Sooknanan practiced at the firm Jones Day. At Jones Day, Sooknanan was part of the legal team representing Everytown for Gun Safety as amici in a suit challenging Colorado’s background check laws. See Colorado Outfitters Ass’n v. Hickenlooper, 823 F.3d 537 (10th Cir. 2016). Sooknanan also represented defendants challenging their convictions relating to the illegal smuggling of drugs (now Judge Trevor McFadden was one of the attorneys representing the government on the suit). See United States v. Mosquera-Murillo, 902 F.3d 285 (D.C. Cir. 2018). One of Sooknanan’s most intensive cases from this time was her involvement in a multi-party litigation related to bonds issued by the Employee Retirement System of the Government of Puerto Rico. See In re Financial Oversight & Manage. Bd. of Puerto Rico, 914 F.3d 694 (1st Cir. 2019).

Notably, Sooknanan, alongside fellow former Supreme Court clerks Benjamin Mizer and Parker Rider-Longmaid, filed amicus briefs in support of the City of Charlottesville’s decision to remove Confederate statues. See City of Charlottesville v. Payne, 856 S.E.2d 203 (Va. 2021). The Virginia Supreme Court ultimately reversed a Circuit Court ruling putting the removal on hold. See id. However, due to Jones Day’s challenges to Pennsylvania election accommodations for the pandemic, Sooknanan resigned from Jones Day.

Since 2021, Sooknanan has been with the Department of Justice, most recently working with the Civil Rights Division.

Political Activity

Sooknanan has a limited political history, including donations to Secretary Hillary Clinton and Wisconsin Attorney General Josh Kaul.

Overall Assessment

While Sooknanan doesn’t have experience as a public defender as Edelman did, her nomination is likely to prove fairly controversial as well. Her resignation of Jones Day and her work at the Civil Rights Division is likely to draw strong conservative opposition. With an election approaching, it remains to be seen if Sooknanan will be muscled through while Democrats have the attendance to do so.

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Judge Nancy Maldonado – Nominee to the U.S. Court of Appeals for the Seventh Circuit

In 2022, Judge Nancy Maldonado became the first Hispanic woman on the U.S. District Court for the Northern District of Illinois. Two years later, she could become the first Hispanic judge on the U.S. Court of Appeals for the Seventh Circuit.

Background

Born on November 28, 1975, Maldonado attended Harvard College, graduating cum laude in 1997. She then attended the Columbia Law School, graduating in 2001.

After graduating, Maldonado clerked for Judge Ruben Castillo on the U.S. District Court for the Northern District of Illinois. After finishing up her clerkship, Maldonado joined the Chicago Office of Miner, Barnhill, & Garland as an Associate. She became a Partner at the firm in 2010. In 2022, Maldonado was appointed by President Biden to the U.S. District Court for the Northern District of Illinois, replacing Judge Matthew Kennelly. Maldonado has served on the court since.

History of the Seat

Maldonado has been nominated to replace Judge Ilana Rovner, who has announced that she will take senior status upon the confirmation of a successor.

Legal Experience

Maldonado spent her entire pre-vench legal career at Miner, Barnhill, & Garland, where she primarily focused on employment litigation, representing both plaintiffs and defendants. Notably, Maldonado represented Dilan Abreu, a bricklayer who sued over workplace harassment over his race at the Chicago Department of Water Management. See Ray Long and Hal Dardick, Latino Worker Alleges Abuse in Water Department; Says Boss Tried to Throw Him in a Hole, Called Him ‘dumb Puerto Rican’, Chicago Tribune, Mar. 29, 2019. Abreu notably alleged that his boss retaliated against him for objecting to racist behavior by trying to push him into a 6-foot deep hole. See id.

Maldonado was also part of the legal team for Maura Anne Stuart, a commercial driver whose gender discrimination suit was thrown out by Judge Milton Shadur. See Stuart v. Local 727, Int’l Bhd. of Teamsters, 771 F.3d 1014 (7th Cir. 2014). Maldonado persuaded a panel of the Seventh Circuit to reverse the dismissal (the panel also reassigned the case, citing the “tone of derision” in Judge Shadur’s opinion). See id. at 1020.

In non-employment related matters, Maldonado was part of the legal team filing an amicus brief from the Brady Center to Prevent Gun Violence in an Illinois state court suit challenging the Cook County Assault Weapons Ban under the Second Amendment. See Wilson v. Cnty. of Cook, 968 N.E.2d 641 (Ill. 2012). She also represented citizens in a 1983 suit against officials who allegedly barred citizens from expressing opposition to a local towing ordinance. See Surita v. Hyde, 665 F.3d 860 (7th Cir. 2011).

Political Activity & Memberships

Maldonado has made a number of political contributions, including to President Obama, Sen. Michael Bennet, and Rep. Colin Allred.

Additionally, Maldonado was active in the Chicago legal community, serving on the Board of Directors of the Chicago Lawyers’ Committee for Civil Rights Under Law and of La Casa Norte, a social service organization serving Chicago youth.

Jurisprudence

Since her confirmation in 2022, Maldonado has served as a U.S. District Court Judge on the U.S. District Court for the Northern District of Illinois. Below is a summary of some of the decisions/opinions Maldonado has rendered during her tenure:

  • Maldonado dismissed a claim brought by a clothing retailer against their insurer for lost business revenue during the Covid-19 pandemic, finding that the plaintiff’s claims for damages for “direct physical loss” were foreclosed by relevant Seventh Circuit precedent. See American Male & Co. d/b/a American Male v. Owners Ins. Co., No. 21 CV 02595 (N.D. Ill. Mar. 27, 2023);
  • Maldonado granted summary judgment against a pro se prisoner, finding that the evidence in the case did not establish that the doctor who treated him was deliberately indifferent to his condition, nor that a pattern or practice of the prison caused his damages. See McVay v. Obaisi, Case No. 18 CV 6244 (N.D. Ill. Mar. 27, 2023);
  • Maldonado dismissed a claim alleging emotional damages under the Fair Credit Reporting Act, finding that the alleged injuries do not arise to injuries-in-fact to create subject matter jurisdiction for the claim. See Branham v. TrueAccord Corp., No. 22 CV 00531 (N.D. Ill. Mar. 28, 2023);
  • Maldonado remanded a insurance lawsuit to state court, finding that the defendants had improperly removed it, and ordered plaintiff’s court costs and attorneys fees to be paid. See Aspen Am. Ins. Co. v. Mirov et al., No. 22 CV 05661 (N.D. Ill. Mar. 29, 2023);
  • Maldonado granted summary judgment against a 1983 lawsuit alleging false arrest, illegal detention, and malicious prosecution. See Lietzow v. Village of Huntley et al., No. 17 CV 05291 (N.D. Ill. Apr. 14, 2023);
  • Maldonado granted an injunction from the Department of Labor removing two trustees from the United Employee Benefit Trust Fund and appointing an independent fiduciary. See Su v. Fensler, No. 22-cv-01030 (N.D. Ill. Aug. 10, 2023);
  • Maldonado denied summary judgment as to a Fourteenth Amendment failure-to-protect claim brought by an inmate who was injured by a fellow detainee in a corrections facility. See Miller v. Mascillino, No. 15-cv-11746 (N.D. Ill. Sept. 26, 2023);
  • Maldonado refused to dismiss a Monell liability claim brought against the Village of Dolton in a wrongful arrest and malicious prosecution suit. See Billups-Dryer v. Village of Dolton, No. 20 CV 1597 (N.D. Ill. Sept. 27, 2023);
  • Maldonado declined to grant summary judgment against a Title VII claim alleging a hostile work environment due to sexual harassment, although she granted a motion to dismiss the retaliation claim, finding that the plaintiff had abandoned that claim. See Brinson v. Eagle Express Lines, Inc., No. 18 CV 3733 (N.D. Ill. Sept. 28, 2023);
  • Maldonado granted summary judgment against a copyright infringement suit brought against hip hop artist French Montana based on his song “Ain’t Worried About Nothin”, finding that there was no triable issue of fact based on the small similarities in sound alleged. See Richardson v. Kharbouch, No. 19 CV 02321 (N.D. Ill. Jan. 4, 2024).

One of Maldonado’s decisions that was considered on appeal was her decision to grant summary judgment against claims by inmates alleging Fourth Amendment violations from the presence of cameras in holding cells with semi-private toilets. See Alicea v. County of Cook, No. 22-2863 (7th Cir. Dec. 18, 2023). The Seventh Circuit affirmed Maldonado’s ruling. See id.

Overall Assessment

Nancy Maldonado’s first confirmation two years ago was relatively smooth. On her time in the bench, Maldonado’s rulings have generally not attracted controversy and there should be little for critics to seize onto to lead to a different outcome this time around. While Maldonado is unlikely to attract any new supporters, she is also fairly likely to be confirmed.

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Georgia Alexakis – Nominee to the U.S. District Court for the Northern District of Illinois

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

Georgia Alexakis currently serves as Criminal Appellate Chief at the U.S. Attorney’s Office in Chicago. She is favored to join the federal bench in the next few months.

Background

Georgia N. Alexakis graduated from Harvard University in 2000 and, after working as a consultant for three years, got a J.D. magna cum laude from Northwestern Priztker School of Law in 2006.

After graduation, Alexakis clerked for Judge Marsha Berzon on the U.S. Court of Appeals for the Ninth Circuit and then for Judge Milton Shadur on the U.S. District Court for the Northern District of Illinois. Alexakis subsequently joined Bartlit Beck Herman Palenchar & Scott LLP. Alexakis then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2013 and stayed there until 2021 when she came a Partner with Riley Safer Holmes & Cancila LLP. Alexakis rejoined the U.S. Attorney’s Office in 2022 and currently serves as Chief of Appeals of the Criminal Division.

History of the Seat

Alexakis has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat will open on August 1, 2024, when Judge Rebecca Pallmeyer will move to senior status.

Legal Career

Alexakis started her legal career as a clerk to Judges Marsha Berzon and Milton Shadur and was even shouted out by Judge Shadur in multiple opinions for her work. See Love v. Frontier Ins. Co., 526 F. Supp. 2d 859, 861 n.3 (N.D. Ill. 2007) (noting a debt to Judge Berzon for “one of this Court’s two fine law clerks this year, Georgia Alexankis”). See also Patino v. Astrue, 574 F. Supp. 2d 862, 873 n. 10 (N.D. Ill. 2008) (noting that this opinion is “public acknowledgment of the outstanding work that has always been done by my extraordinary law clerk Georgia Alexakis”).

Alexakis subsequently started at Bartlit Beck Herman Palenchar & Scott LLP, where she worked on a multi-district litigation involving the potential contamination of U.S. rice crops with non-approved genetically modified strains. See In re Genetically Modified Rice Litig., 666 F. Supp. 2d 1004 (E.D. Mo. 2009). Alexakis also represented Bayer in defending another multidistrict litigation arising from the marketing of low-dose aspirin. See In re Bayer Corp. Combination Aspirin Prods. Mktg. and Sales Practices Litig., 701 F. Supp. 2d 356 (E.D.N.Y. 2010).

The largest portion of Alexakis’ legal career has been with the U.S. Attorney’s Office for the Northern District of Illinois. Early in her time with the office, Alexakis argued an appeal involving convictions for distribution of heroin and crack cocaine. See United States v. Chapman, 804 F.3d 895 (7th Cir. 2015). In another case, the Seventh Circuit reversed a conviction in a case that Alexakis argued, finding that the district judge should have recused himself from the illegal entry case because he had been involved in the underlying deportation proceeding. See United States v. Herrera-Valdez, 826 F.3d 912 (7th Cir. 2016).

Alexakis has also prosecuted cases of sex trafficking, see, e.g., United States v. Carson, 870 F.3d 584 (7th Cir. 2017), and mail fraud, see, e.g., United States v. Walton, 907 F.3d 548 (7th Cir. 2018). More recently Alexakis defended on appeal the convictions against police officer Marco Proano, for shooting two passengers of a moving sedan. See United States v. Proano, 912 F.3d 431 (7th Cir. 2019). She also convinced the Seventh Circuit to reverse the sentence for Adel Daoud, who had attempted to blow up a fake bomb provided by an FBI agent, as substantively unreasonable. See United States v. Daoud, 980 F.3d 581 (7th Cir. 2020), re’hrg en banc denied by 989 F.3d 610 (7th Cir. 2021).

Overall Assessment

With extensive experience with both civil and criminal litigation, Alexakis should be a fairly uncontroversial choice for the federal bench.

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