Mary Kay Costello – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

In a rush to fill as many vacancies as they can before the 2024 election, AUSA Mary Kay Costello has been nominated by the Biden Administration to fill the oldest pending vacancy in Pennsylvania.

Background

Born in 1968, Costello received a B.A. summa cum laude from Temple University in 1998 after eight years in the U.S. Air Force. Costello then received a J.D. from the Temple University Beasley School of Law in 2001. Costello then joined Saul Ewing LLP in Philadelphia. In 2004, Costello joined the Philadelphia office of Akin Gump Strauss Hauer & Feld LLP.

In 2008, Costello became an Assistant U.S. Attorney with the Eastern District of Pennsylvania, where she has served since.

History of the Seat

Costello has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on December 31, 2021, when Judge Cynthia Rufe moved to senior status.

Legal Experience

While Costello started her career in private practice, she has spent the largest portion of her career as a federal prosecutor. Costello started her time with the office prosecuting narcotics cases. See, e.g., United States v. Yokshan, 658 F. Supp. 2d 654 (E.D. Pa. 2009). In another notable case, Costello prosecuted violations of the Lacey Act, which bars the illegal trafficking of animals. See United States v. MacInnes, 23 F. Supp. 3d 536 (E.D. Pa. 2014).

Costello’s career also included arguing appeals before the Third Circuit. For example, Costello argued in favor of an inventory search of an automobile against a Fourth Amendment challenge. See United States v. Mundy, 621 F.3d 283 (3d Cir. 2010). See also United States v. Joseph, 730 F.3d 336 (3d Cir. 2013).

Political Activity

Costello’s only political contributions consist of two contributions to Biden and two to Sen. Bob Casey.

Overall Assessment

Provided that her nomination is able to fit into the crowded Senate schedule, Democrats should be able to confirm Costello and fill this vacancy.

432 Comments

  1. Mitch's avatar

    I don’t know if anyone knows this, I didn’t see a prior posting on it. Sarah Netburn was defeated in the Senate Judiciary Committee.  Senator Jon Ossoff joined all Republicans in opposing her. He cited the biological male in a women’s prison ruling. Netburn is the first Biden nominee to be defeated in committee.

    William McLean. aka July Justine Shelby, was recently accused of flashing the women prisoners indecently.

    Liked by 2 people

      • Hank's avatar

        Mitch is another one of those posters who often spews conservative BS, so I wouldn’t put much weight in what he says.

        Between the SJC vote and his vote against some Israel resolution, Ossoff seems to be setting the groundwork to moderate ahead of his (likely tough) reelection campaign. If safety in prisons were really that important to him, why didn’t he bring that up during Lashonda Hunt’s confirmation – she was chief counsel for the Illinois prisons for a while (so defending the prison when it was sued for abusing the prisoners), and some of the abuses in that system were horrific.

        Liked by 1 person

      • Jamie's avatar

        To be clear, conservatives should be welcome here. We should have more of them, especially those who are civil and constructive. Most of the time Mitch is a great contributor with good insight.

        What shouldn’t be tolerated is nasty/uncivil behavior or blatant dishonesty. And that goes regardless of your political views. Those on the left who behave in this manner should also be called out as well.

        Liked by 3 people

      • Frank's avatar

        Because in a center right country where many people are concerned about crime, it is more important to be as tough as possible on crime, or at least to have the appearance of being tough on crime, than actually pursuing measures that could help the situation. I completely understand where Ossoff is coming from, as while Democrats don’t care about the courts, he’ll need Republicans to vote for him and avoiding attack ads proclaiming he isn’t tough on crime should be priority #1.

        Liked by 1 person

      • Jamie's avatar

        I disagree with you that this is a center right country. It was 15 years ago, but even 10 years ago it’s disputable. The most one can say is that given the distribution of the Senate, the median state requires center right voters to win.
        The problem though is that the liberal base pushed the Democrats considerably further to the left than the country wanted. Look at where the Dems were in 2016 vs 2024, it’s a strong shift leftward. Even in a center left country, there’s a limit to how far to the left you can go.
        Ossoff’s chances are dependent on who is in the White House in 2026. He’ll win in a Trump midterm, but he’d struggle mightily if a Democrat is in power.

        Liked by 1 person

      • Hank's avatar

        Conservatives are free to comment here, just as anybody is, but “civility” is overrated. When they stop trying to take away people’s civil rights or acting like straight, white men are more important than everyone else, then I’ll happily become the kindest, most civil person to have ever walked the earth.

        I don’t agree with Frank on much, but he has a point that being “tough on crime” is more about posturing than actually doing things to solve the problem (and this is true for both Rs and D’s).

        I see it as less about America being center-right or center-left or whatever (and besides, a senator only cares about their state) and more that Dem senators have less backbone/aren’t as committed to their judges. Trump nominated lots of crazies that are far to the right of Maine voters, for example, but Collins still voted for most of them because she knows that Maine voters aren’t making decisions based on what judges she confirms.

        Dem senators (especially Rosen, and maybe now Ossoff) don’t seem to get that – so what if the Republican ads mention that she voted to confirm some criminal defense lawyer? Just introduce some bill to increase police funding in Vegas or Atlanta or something and then run ads harping on that to show how tough on crime you are. “I’m gonna get more cops to protect Nevadans” is a much clearer message (and one that Nevadans are more likely to instinctively understand) than “she’s soft on crime because she supported this random NJ lawyer who had some ties to this one group where some of the other lawyers who represented criminals.”

        Liked by 2 people

  5. Dequan's avatar

    My God, I’m finally watching the SJC hearing from Wednesday. Watching senator Hawley berate judge Noel Wise about will she recuse herself in cases related to things she has said & written about while he simultaneously is perfectly fine with Justice Thomas & Alito ruling in cases they directly have expressed views in or have conflict of interest in, almost made me chock on my drink. He had a full-blown meltdown at the end of his questioning.

    Liked by 2 people

  6. tsb1991's avatar

    As the Republican convention draws closer, a lot of rumblings based on the speaker lineup at the convention that JD Vance is the frontrunner to be Trump’s running mate. I’d be supportive of that for several reasons, guy brings nothing to the ticket as far as I’m concerned, also as discussed here it could lead to some prolonged Senate absence for Vance while being out on the campaign trail and either cancel out the Menendez absence or even give Ds some breathing room (without Menendez and Vance Ds could confirm a party-line nominee 49-49 with Manchin voting no if the VP is in town).

    And on the topic of conventions, how often does the minority party in the Senate have their party convention during a time when the Senate is normally in session? Conventions tend to be late July at the earliest and probably early September at the latest, so typically during the August break. I know Schumer won’t do it but I’d keep the Senate around a week into August just to cancel out this week recess, I’d hate losing a week of floor time to the minority party’s convention.

    Liked by 2 people

      • Frank's avatar

        Actually, they don’t. The judiciary isn’t a game, yet that’s how both you and the Republicans quoted here are treating it as. The point of the judiciary is to allow for justice to be served for everyone, but a bunch of unqualified FedSoc hacks isn’t that.

        Like

      • Ads's avatar

        @Frank

        Judges are not de facto unqualified just because they are in their 30s. Any reasonable reading of Dequan’s comments over the years would show that he is advocating for well qualified judges. He just prefers them younger…as do I. And that is largely because Repubs are largely in the business of confirming young ideological hacks…especially of late. While you acknowledge that Republicans are treating the judiciary as a game, your idealistic vision does not acknowledge the reality that their hackdom must be counteracted to the degree reasonably possible. Appointing young but nevertheless reasonably well qualified judges when we have a Dem president is the way to do that.

        Liked by 1 person

  8. raylodato's avatar

    I really wish Schumer were better at this. Isn’t there something he can offer Manchin to get him to vote for D nominees without R support? It’s not like there will be electoral consequences for Manchin if he goes back on his self-imposed “rule.” The courts could be the only refuge for civil rights if 45 becomes 47. We need each of the present Biden nominees and any other blue-state folks he can put up. This shouldn’t be such a white-knuckle exercise.

    Liked by 1 person

  9. Joe's avatar

    Yes, I think after questions around Manchins future are cleared up, he might become a bit more amenable to voting with Dems.

    I believe August 1 is a critical deadline for filing to run as an independent. Something to keep an eye on. If he does become Governor, WV does inaugurations in January so it shouldn’t impact his senate work.

    Liked by 1 person

    • star0garnet's avatar

      ?

      The offending judge is one of 70-odd district judges. There’s about a 2/3 chance that it’s a GOP appointee, but the fact Ho voted to release the name makes me think it was a Dem appointee. GOP appointees voted 11-2 not to release while Dem appointees voted 4-2 not to release.

      Like

  11. Zack's avatar

    I have to LOL at the George HW spokesperson in that CNN article.
    Under George Sr, Clarence Thomas was put on SCOTUS while Alito was put on the 3rd Circuit and he’s complaining about judges under Trump bending the law?

    Liked by 1 person

    • lilee2122's avatar

      I had hoped for 205 judges by Aug. Recess..If Shumer and Durbin could just get these confirmed, Mangi ,Ritz, Kashubai , and Russell I would be quite happy….I realize Schumer has to put on a show this summer of spot lighting differences thru legislation in Democrats vs Republicans agendas due to the upcoming election.. Also , regardless of party there are many judicial nominees waiting confirmation and it’s the Senate’s duty to confirm them..

      Liked by 1 person

      • Thomas's avatar

        I see Schumer doing that, but as already stated, I believe he has not the votes to confirm those who were waiting on the floor until the SJC on Wednesday.

        The Maldonado vote was not without risk, either cloture or confirmation vote could have been failed with two Nays on the Democratic side, but she was pushed over the finishing line. And we go on with two Tax Court nominees. Voice vote would be nice, I know, but no way the GOP will allow that, so waiting until they change their mind is no option.

        We don’t know the members of the Democratic Caucus’ intention to vote, but we see, that it is much more difficult than in the years before, when they did like the Politbuero, as Ted Cruz would like to say.

        We should also note, that McConnell, which should be the role model for Schumer according to some posters here with a ruthless, evil and efficient acting had also simply a more comfortable majority to do business when he was majority leader.

        And finally keeping the Senate in session over the weekends will also just let you looking to the empty chambers when they haven’t the necessary votes for confirmation.

        Risking more failed cloture or confirmation votes might be a possible solution, but not for the moment, because there are enough other nominees, who are needed in their positions, and have a majority. For the moment, it’s better to concentrate on doing what is possible and not dreaming of a surprise retirement of Sonia Sotomayor.

        Liked by 1 person

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