Month: May 2024

Judge Embry Kidd – Nominee to the U.S. Court of Appeals for the Eleventh Circuit

U.S. Middle District of Florida Magistrate Judge Embry Kidd has been nominated for a seat on the United States Court of Appeals for the Eleventh Circuit. The Atlanta-based Circuit is a federal appellate court that oversees the states of Alabama, Florida, and Georgia. He is also the fifth Magistrate Judge to be nominated directly to a circuit court by President Biden. There had been six all time before Biden took office. 

Background

Embry Kidd earned a Bachelor of Arts from Emory University in 2005 with high honors in political science as a Robert W. Woodruff Scholar.  He then earned a Juris Doctor from Yale Law School in 2008. While at Emory University, Kidd was the Editor of the Emory Political Review, Treasurer of the Student Government Association, Treasurer of the Media Council and served as a tour guide. After graduating from law school, Kidd served as a law clerk for Judge Roger Gregory of the U.S. Court of Appeals for the Fourth Circuit from 2008 to 2009. In 2009, he worked as an Associate at Williams & Connolly in Washington, D.C. He remained there until 2014, when he left to serve as an Assistant United States Attorney for the Middle District of Florida. On July 25, 2019, Kidd assumed office as a United States Magistrate Judge for the Middle District of Florida.

History of the vacancy

On May 8, 2024, President Biden announced his intent to nominate Kidd to the seat vacated by Judge Charles R. Wilson, who will assume senior status on December 31, 2024. Like Kidd, Wilson served as a Magistrate Judge for the Middle District of Florida (from 1990-1994) and in the U.S. Attorney’s office for the Middle District of Florida (serving as U.S. Attorney from 1994 to 1999), when President Clinton nominated him. Wilson was the second African-American on the Eleventh Circuit. If Kidd, who is also African-American, is confirmed to replace him, he would serve alongside President Biden nominated judge Nancy Abudu as the only two African-Americans on the 12 judge court. 

Jurisprudence

During his nearly five years on the bench as a magistrate judge, Kidd presided over numerous cases. 

On March 15, 2021, Kidd ruled Kenneth Harrelson to be held without bond pending his trial in Washington D.C. Harrelson was a members of the Oath Keepers group charged in connection with the January 6 Capitol riot. Kidd ruled that while Harrelson likely wasn’t a flight risk, he should be held based on the nature of the charges, which prosecutors argued amount to a “federal crime of terrorism.”

On September 15, 2022, Kidd ordered Jose Ramon Tejeda-Guerrero remain detained pending trial. Tejeda-Guerrero was extradited from the Dominican Republic to the United States and charged in a 2012 indictment with fraudulent possession of counterfeit or unauthorized access devices and four counts of aggravated identity theft. 

On September 23, 2022, Kidd ordered ​Brett Avery Tipton remain detained pending trial. Tipton was charged with enticing a minor to produce child sexual abuse material. According to the criminal complaint, Tipton began communicating with the child victim through various social media platforms requesting and urging the then approximately 12 years old send him numerous pictures of the victim engaging in sexually explicit conduct.

On September 14, 2023, Miami-based businessman Sergey Karpushkin, a Belarussian citizen, pleaded guilty before Judge Kidd in Orlando, Florida to engaging in a scheme to violate U.S. sanctions and commit money laundering by conducting transactions for the purchase and acquisition of metal products valued at over $139 million from companies owned by Sergey Kurchenko, a sanctioned oligarch.

Overall Assessment

While on paper, Embry Kidd’s career may seem non-controversial and a consensus candidate for a seat on a circuit court in a state with two Republican U.S. Senators, it is almost guaranteed he will not receive the unanimous support Judge Charles R. Wilson did when he was confirmed to the same seat. With less than six months until the 2024 presidential election, the senate calendar is filled with numerous recess weeks along with an increasing urgency from the minority party to keep as many judicial seats vacant as they can in case there is a change in administration or the Senate composition as a result of the election. With the previous 14 U.S. Supreme Court Justices all having been previously nominated to one of the nation’s 13 circuit courts (Justice Kagan was nominated for but not confirmed to the U.S. Court of Appeals for the District of Columbia Circuit in 1999), a nominee such as Kidd could have decades on the bench on a crucial court, particularly with him being in his early 40s. 

In addition to the calendar, demographics could come into play during the confirmation process of Kidd. Two African-American men have been Justices on the nation’s highest court. While both Thurgood Marshall and Clarence Thomas had rough confirmations, you could make an argument that African American men have had an even rougher path to the second highest level of the nation’s judiciary, particularly in the previous dozen years. Since 2013, there has been a net deficit of African American men on the nation’s appellate courts, which have 179 authorized judgeships between them. A quick look at the past dozen years may show why that trend has occurred.

In 2013, President Obama nominated a trio of nominees to the widely recognized second-highest court in the nation, the U.S. Court of Appeals for the District of Columbia Circuit, including Robert L. Wilkins, who is African-American. Senate Republicans refused to confirm Wilkins or the other two nominees despite being in the minority. This was made possible by the filibuster which required 60 votes to confirm a judicial nominee in the 100 seat U.S. senate. Senate Majority Leader Harry Reid and senate Democrats voted to change senate rules to end the fillister which only required a simple majority to confirm circuit and district court nominees, leading to Wilkins’ eventual confirmation. 

None of President Trump’s 54 appellate judges were African-American (male or female) so the next example to look to would be Andre Mathis. Mathis was nominated by President Biden in 2021 to the United States Court of Appeals for the Sixth Circuit. His Tennessee home state senator Marsha Blackburn bashed the nomination claiming both home state Republican senators were not adequately consulted about the nomination. Blackburn accused Mathis of having a “rap sheet” due in part to three previous speeding tickets that he didn’t pay on time. Mathis was eventually confirmed, becoming the first Democrat appointed circuit court judge to be confirmed despite not having blue slips, a piece of paper used by the Senate Judiciary Committee to solicit views of home state senators on judicial nominees.

In 2022, President Biden nominated Jabari Wamble to the United States Court of Appeals for the Tenth Circuit. No action was taken on his nomination and it was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate at the start of the new year. In February 2023, Wamble was nominated again but this time to a lower court, the United States District Court for the District of Kansas. His nomination to that court was ultimately withdrawn in May 2023 with no public explanation.

With Embry Kidd being the fourth African-American man to be nominated to a United States circuit court in the past 12 years, he has the opportunity to reverse the near historically difficult paths the previous three mentioned nominees all faced on the road to confirmation. If he can, he could possibly be on any Democrat President’s list of potential candidates for future U.S. Supreme Court vacancies for decades. 

References

https://www.kansascity.com/news/politics-government/article275716501.html

https://www.whitehouse.gov/briefing-room/presidential-actions/2024/05/08/president-biden-names-forty-ninth-round-of-judicial-nominees/

https://www.ajc.com/news/atlanta-news/biden-taps-florida-judge-for-atlanta-based-federal-appeals-court/WMR5WINX6FCW3JT7NVXZ3M3PF4/

https://woodruffscholars.emory.edu/about/advisory-bios/kidd-embry.html

https://www.flmd.uscourts.gov/sites/flmd/files/documents/mdfl-8-19-mc-1-t-23-appointment-of-embry-kidd.pdf

https://cbc.house.gov/news/documentsingle.aspx?DocumentID=2511

https://www.tampabay.com/opinion/2021/02/15/this-black-history-month-remember-not-just-the-giants-of-our-courts-but-also-our-courts-history-column/

https://www.reuters.com/legal/government/11th-circuits-wilson-take-senior-status-creating-vacancy-2024-01-23/

https://www.justice.gov/usao-mdfl/pr/fugitive-extradited-dominican-republic-face-fraud-and-aggravated-identity-theft-charges

https://www.justice.gov/usao-mdfl/pr/security-guard-arrested-enticing-13-year-old-repeatedly-produce-sexually-explicit

https://www.justice.gov/usao-mdfl/pr/miami-based-businessman-pleads-guilty-conspiracy-violate-russia-ukraine-sanctions-and

https://www.floridatoday.com/story/news/2021/03/15/federal-judge-denies-bond-titusville-man-charged-over-capitol-riot-oath-keepers/4700778001/

https://www.youtube.com/watch?v=7WKb7M5EJ8E

https://www.reuters.com/legal/government/us-senate-confirms-biden-appellate-judge-pick-opposed-by-home-state-senators-2022-09-08/

https://news.bloomberglaw.com/us-law-week/us-district-court-nominee-wamble-withdraws-from-consideration

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Judge Michelle Williams Court – Nominee to the U.S. District Court for the Central District of California

For the past twelve years, Judge Michelle Williams Court has served on the Los Angeles County Superior Court. Judge Court has now been nominated for a promotion to the federal bench.

Background

Born in 1966, Court received her B.A. from Pomona College in 1988 and a J.D. from Loyola Law School in 1993. Court then spent a year at Gilbert Kelly Crowley & Jennett and a year at the ACLU of Southern California before joining Litt & Marquez.

In 1999, Court moved to the Department of Housing and Urban Development as a fellow and civil rights specialist and then spent two years at Milberg, Weiss, Bershad, Hynes & Lerach.

In 2002, Court joined Bet Tzedek Legal Services, becoming Vice President and General Counsel. In 2012, she became a Judge on the Los Angeles County Superior Court, where she serves as supervising judge in the civil division.

History of the Seat

Court has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on May 1, 2024, by Judge Dale Fischer.

Legal Experience

The first decade out of law school, Court moved between a number of different positions, both in private practice and in government. During this time, while at Litt & Associates, Court represented Julie Biggs, who filed a civil rights lawsuit against the City of Redlands, claiming that the City had threatened to cut ties with Biggs’ law firm as retaliation for the political activities of Biggs’ husband. See Biggs v. Best, Best & Krieger, 189 F.3d 989 (9th Cir. 1999). The Ninth Circuit reversed the denial of summary judgment based on qualified immunity. See id. at 997.

In 2002, Court joined Bet Tzedek Legal Services. While at the firm, Court represented amici in support of a City of Los Angeles ordinance preventing landlords of public housing from increasing rents on tenants after the Section 8 housing contract is terminated. See Apartment Ass’n of L.A. v. City of L.A., 38 Cal. Rptr. 3d 575 (Cal. App. 3d Div. 2006). Court also represented amici supporting a City of Santa Monica suit against a landlord for alleged violations of the health and building codes. See City of Santa Monica v. Gonzalez, 182 P.3d 1027 (Cal. 2008).

Jurisprudence

Since 2012, Court has served as a judge on the Los Angeles County Superior Court. In this role, Court has presided over trial court matters in criminal, civil, family, and other state law matters. Currently, Court presides in the civil division of the court. Notably, Court presided over a lawsuit brought by Kiara Belen, a model who alleged that the show Shahs of Sunset used her likeness without her permission. See Belen v. Ryan Seacrest Prods. LLC. et al., 65 Cal. App. 5th 1145 (Cal. App. 2d Dist. 2021). Court denied a motion to strike/dismiss the complaint under California’s anti-SLAPP law, which was largely affirmed by the Court of Appeals. See id.

Among her notable cases, Court granted summary judgment against claims brought by a man who fell over a retaining wall on a trail, significantly injuring himself. See Arvizu v. City of Pasadena, 21 Cal. App. 5th 760 (Cal. App. 2d Dist. 2018). Court ruled that the trail immunity statute barred the plaintiff’s claims and the Court of Appeals affirmed. See id. By contrast, the Court of Appeals reversed Court’s dismissal of product liability claims brought by plaintiffs alleging injuries from Memory Gel breast implants. See Mize v. Mentor Worldwide LLC, 51 Cal. App. 5th 850 (Cal. App. 2d Dist. 2020).

In another notable case, Court was reversed by the Court of Appeals where she denied a motion to compel arbitration in an employment dispute. See Alvarez v. Altamed Health Services Corp., 60 Cal. App. 5th 572 (Cal. App. 2d Dist. 2021). Similarly, in another case, Court was again reversed for refusing to enforce an arbitration contract as substantively unconscionable under California law. See Basith v. Lithia Motors, Inc., 90 Cal. App. 5th 951 (Cal. App. 2d Dist. 2021).

Overall Assessment

If confirmed, Court would join the federal bench with extensive experience with litigation as well as California law. That being said, she may draw questions in the confirmation process regarding her reversals from the Court of Appeals on issues of arbitration.

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Judge Anne Hwang – Nominee to the U.S. District Court for the Central District of California

Judge Anne Hwang currently serves on the Los Angeles County Superior Court. If confirmed to the federal bench, Hwang would bring a background in litigation and in indigent defense to the bench.

Background

Born in 1976, Anne Hwang received a B.A. from Cornell University in 1997 and a J.D. from the University of Southern California Law School in 2002. After graduating, Hwang worked as a litigation associate at Irell & Manella LLP for four years and then became a federal public defender with the Central District of California.

In December 2018, Hwang was appointed to the Superior Court for Los Angeles County by Governor Jerry Brown, where she has served since.

History of the Seat

Hwang has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on November 3, 2023, by Judge George Wu.

Legal Experience

Hwang started her legal career at the firm of Irell & Manella LLP. While at the firm, Hwang represented NBC Studios in a contract dispute with the production company Sander/Moses . See Sander/Moses Prods. Inc. v. NBC Studios, Inc., 48 Cal. Rptr. 3d 525 (Cal. App. 4th 2006).

Hwang spent the bulk of her career as a federal public defender based in Los Angeles. Notably, Hwang represented Veronica Garcia-Lopez who was convicted of illegally re-entering the United States after having previously been deported for trafficking 4.2 ounces of cocaine. See United States v. Garcia-Lopez, 691 F. Supp. 2d 1099 (C.D. Cal. 2010). Hwang was able to present sufficient mitigation to convince Judge Cormac Carney that the 41-51 month sentencing guidelines range was unduly harsh. See id. at 1101. Carney instead imposed a six month sentence on the defendant. See id. at 1105.

Jurisprudence

Since 2019, Hwang has served as a judge on the Los Angeles County Superior Court. In this role, Hwang presides over trial court matters in criminal, civil, family, and other state law matters. Notably, as a judge, Hwang dismissed a lawsuit brought against Los Angeles District Attorney George Gascon and the probation department by the families of an officer fatally shot by an individual previously prosecuted and given a plea deal by Gascon. Judge Finds Issues with Suit’s Breach of Mandatory Duty Claims, My News LA, Sept. 11, 2023, https://mynewsla.com/crime/2023/09/11/judge-finds-issues-with-suits-breach-of-mandatory-duty-claims/#google_vignette. Hwang nonetheless allowed the plaintiffs to amend their suit. See id.

Hwang has also been active in the Korean American community as a judge, speaking, for example as a Korean American Bar Association event on implicit bias in 2022.

Overall Assessment

Having practiced both civil and criminal law in the Los Angeles area for two decades at this point, as well as serving as a sitting state court judge, Hwang can be deemed to have the experience needed to be a U.S. District Judge. Nonetheless, Hwang’s nomination is likely to draw opposition based on her extensive experience in indigent defense, which has proved to be contentious in the confirmation process.

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Stacey Neumann – Nominee to the U.S. District Court for the District of Maine

Portland based attorney Stacey Neumann has distinguished herself over her career as a litigator and has now been tapped for a rare judicial vacancy in Maine.

Background

Stacey D. Neumann attended James Madison University, where she received a B.A. magna cum laude in 2000. Neumann subsequently received a J.D. magna cum laude from Cornell University in 2005 and then clerked for Judge John Dooley on the Vermont Supreme Court and then for Judge Peter Hall on the U.S. Court of Appeals for the Second Circuit.

In 2007, Neumann joined the Office of the Defender General in Chittenden County, Vermont. In 2009, she moved to become an Assistant U.S. Attorney for the District of Maine. In 2013, she left to go into private practice in Portland, where she currently serves as a Partner at Murray, Plumb, & Murray.

History of the Vacancy

Neumann has been nominated for a seat on the U.S. District Court for the District of Maine to replace Judge Jon Levy who took senior status on May 6, 2024.

Legal Career

Neumann started her legal career as a public defender in Vermont and then spent a few years as a prosecutor in Maine before joining Murray, Plumb, & Murray in 2013, primarily focused on civil rights law. At the firm, Neumann handled a significant pro bono docket, including asylum cases and employment discrimination suits. See Renee Cordes, Pro Bono Work a Labor of Love for Portland Attorney Stacey Neumann, Maine Biz, Feb. 4, 2019, https://www.mainebiz.biz/article/pro-bono-work-a-labor-of-love-for-portland-attorney-stacey-neumann. For example, Neumann represented a Black Lives Matter protester in a case that led to a settlement promoting restorative justice conversations. See id.

Among her more notable cases, Neumann was part of the legal team representing a student and his family in a suit against a Maine school district for violations of the Individuals with Disabilities Education Act. See Ms. S. v. Regional Sch. Unit 72, 829 F.3d 95 (1st Cir. 2016). In another notable case, Neumann represented Charlene Richard, a teacher who sued her school district claiming that she was retaliated against due to her advocacy on behalf of students with disabilities. Richard v. Regional Sch. Unit 57, 296 F. Supp. 3d 274 (D. Me. 2017). After a five day bench trial, Judge Chandler Woodcock ruled that Richard was unfairly targeted by the school but that such targeting did not violate the law. See id. at 308. The First Circuit eventually affirmed the ruling over the dissent of Judge Juan Torruella. See Richard v. Regional Sch. Unit 57, 901 F.3d 52 (1st Cir. 2018).

Political Activity

Neumann has a handful of political donations to her name, all to Democrats.

Writings and Statements

In 2019, Neumann was profiled in an article discussing her pro bono work in Maine. See Renee Cordes, Pro Bono Work a Labor of Love for Portland Attorney Stacey Neumann, Maine Biz, Feb. 4, 2019, https://www.mainebiz.biz/article/pro-bono-work-a-labor-of-love-for-portland-attorney-stacey-neumann. In the article, Neumann discusses some of her work, and speaks particularly highly of her asylum cases noting that success in those cases is “the most wonderful feeling in the world.” See id.

Overall Assessment

Neumann’s long history with the relatively insular Maine legal community as well as her significant litigation experience are likely to be assets through the confirmation process. As long as she maintains the support of her home state senators, Neumann should be confirmed comfortably.

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April Perry – Nominee to the U.S. District Court for the Northern District of Illinois

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

After her previous nomination be U.S. Attorney for the Northern District of Illinois stalled, April Perry has been nominated to be a U.S. District Judge on the court instead.

Background

April Perry graduated from Northwestern University in 2000 and got a J.D. magna cum laude from Northwestern University School of Law in 2003.

After graduation, Perry clerked for Judge Joel Flaum on the U.S. Court of Appeals for the Seventh Circuit. Perry then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2004. In 2017, Perry left to become Chief Deputy State’s Attorney and Chief Ethics Officer for the Cook County State’s Attorney’s Office. In 2019, Perry left to join Ubiety Technologies as General Counsel. Since 2022, Perry serves as Senior Counsel at GE HealthCare.

History of the Seat

Perry has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat will open upon the elevation of Judge Nancy Maldonado to the U.S. Court of Appeals for the Seventh Circuit.

Legal Career

Perry started her legal career as a law clerk for Judge Joel Flaum on the Seventh Circuit. Subsequently, Perry spent twelve years as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the Northern District of Illinois. During this time, Perry prosecuted Gregory Patzer for bank robbery. See United States v. Patzer, 548 F. Supp. 2d 612 (N.D. Ill. 2008).

From 2017 to 2019, Perry served as the Chief Ethics Officer for Cook County State’s Attorney Kim Foxx. Perry’s time with the office overlapped with the prosecution of Jussie Smolett for making false reports of being targeted for a hate crime. See Andy Grimm, 2 Top Deputies of State’s Attorney Foxx, One Tied to Smollett Case, To Resign, Chicago Sun Times, Apr. 18, 2019, https://chicago.suntimes.com/2019/4/18/18619800/2-top-deputies-of-state-s-attorney-foxx-one-tied-to-smollett-case-to-resign. Notably, Perry was critical of Foxx’s decision to assign the case to her First Assistant after her recusal, noting that a special prosecutor should likely have been appointed upon the recusal. See Ben Bradley, Top Foxx Official Said Recusal Wasn’t Right, WGN9, Apr. 17, 2019, https://wgntv.com/news/wgn-investigates/top-foxx-official-said-recusal-wasnt-right/. Perry subsequently resigned from the office. See Ben Bradley, Mysterious ‘Special Prosecutor Order’ Email in Smollett Case, Records Show, WGN9, Apr. 19, 2019, https://wgntv.com/news/wgn-investigates/mysterious-special-prosecutor-order-email-in-smollett-case-records-show/.

Perry has spent the last few years of her career in-house, starting with the Artificial Intelligence tech start up Ubiety Technologies, and more recently in GE HealthCare.

In 2023, Perry was nominated to be U.S. Attorney for the Northern District of Illinois. Perry’s nomination was approved by the Senate Judiciary Committee in a bipartisan 12-9 vote but was blocked by Senator J.D. Vance from a final confirmation vote, remaining pending until it was withdrawn for her nomination to the federal bench.

Overall Assessment

While Perry’s nomination to be U.S. Attorney was stalled by Vance, it is likely that Democrats will prioritize Perry’s judicial nomination more during their limited floor time. As such, ironically, Vance’s blocking of Perry’s nomination may result in a lifetime appointment for her.

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Judge Sarah Netburn – Nominee to the U.S. District Court for the Southern District of New York

Federal Magistrate Judge Sarah Netburn has a long history as a litigator, handling a number of civil rights cases, as well as a judge, making her an experienced nominee for the federal bench.

Background

Sarah Netburn received her B.A. from Brown University in 1994 and then her J.D. from the University of California at Los Angeles School of Law in 2001. Netburn then clerked for Judge Harry Pregerson on the U.S. Court of Appeals for the Ninth Circuit and then joined Emery Celli Brinckerhoff & Abady LLP as an Associate. In 2010, Netburn shifted to be the Chief Counsel for the Office of Pro Bono Litigation with the Southern District of New York.

In 2012, Netburn became a U.S. Magistrate Judge for the Southern District of New York, where she currently serves.

History of the Vacancy

Netburn has been nominated for a seat on the U.S. District Court for the Southern District of New York. This seat will open on December 31, 2024, when Judge Lorna Schofield takes senior status.

Legal Career

After her clerkship on the Ninth Circuit, Netburn spent the next eight years working at Emery Celli Brinckerhoff & Abady LLP, where she notably represented, alongside the Center for Constitutional Rights, a group of protesters arrested while protesting the war in Iraq. See Jim Dwyer, One Protest, 52 Arrests and a $2 Million Payout, N.Y. Times, Aug. 20, 2008, https://ccrjustice.org/sites/default/files/assets/A7_08.20.08_NYTIMES.pdf.

Among other cases she handled, Netburn represented a group of inmates in the New York City correctional system who alleged that they were subjected to a pattern and practice of excessive force from correctional officers. See Ingles v. Toro, 438 F. Supp. 2d 203 (2d Cir. 2006). Netburn also represented proponents of a marijuana legalization initiative in challenging the rejection of the initiative from the ballot by the Nevada Secretary of State’s Office. See Am. Civil Liberties Union of Nevada v. Lomax, 471 F.3d 1010 (9th Cir. 2006). Netburn has also represented the families of the victims of the Pan Am 103 terrorist attack in suing the Libyan government for supporting the terrorists. See Hurst v. Socialist People’s Libyan Arab Jamahiriya et al., 474 F. Supp. 2d 19 (D.D.C. 2007).

Jurisprudence

Netburn has served as a U.S. Magistrate Judge for the Southern District of New York since her appointment in 2012. As a Magistrate Judge, Netburn handles arraignments, pretrial release, discovery disputes, and settlement. She also writes Reports and Recommendations for District Judges, recommending, for example, that the Afghanistan Central Bank’s funds not be used to compensate the relatives of September 11th victims. See Tia Sewell, Magistrate Judge Recommends Court Reject Efforts to Turn Over Frozen Afghan Funds to 9/11 Families, Lawfare, Aug. 30, 2022, https://www.lawfaremedia.org/article/magistrate-judge-recommends-court-reject-efforts-turn-over-frozen-afghan-funds-911-families.

Among the notable cases that Netburn has presided over, she is presiding over the Securities and Exchange Commission’s lawsuit against Ripple Labs, alleging that Ripple’s trading of cryptocurrency amounted to trading of unregistered securities. See Qadir AK, Good News! Pro-Crypto Judge Netburn Nominated in Ripple vs. SEC Case, CoinPedia, Apr. 25, 2024, https://coinpedia.org/news/ripple-vs-sec-how-sarah-netburns-nomination-could-shape-the-outcome/. In the suit, Netburn has been occasionally critical of the SEC’s litigation positions, ruling against them regarding access to internal agency documents. See Holly Barker, SEC Crypto Woes: Judicial Rebuke and a Critical Commissioner, July 19, 2022, https://news.bloomberglaw.com/litigation/sec-crypto-woes-judicial-criticism-and-a-critical-commissioner.

Overall Assessment

Netburn has, both as an attorney and as a judge, built up significant experience with litigation, including presiding over a fair number of complex cases. As such, Netburn should be favored for a comparatively smooth confirmation to the federal bench.

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