Karla Campbell – Nominee to the U.S. Court of Appeals for the Sixth Circuit

Tennessee Senators and the Biden Administration have now clashed over three different appellate nominations to the Sixth Circuit. The Administration has nonetheless managed to muscle out labor lawyer Karla Campbell’s nomination onto the Senate floor.

Background

Born in Knoxville in 1979, Karla Marie Campbell received a B.A. from the University of Virginia in 2002, and a J.D. from the Georgetown University Law Center in 2008 before joining Watson & Renner in Washington D.C. for a year. Campbell subsequently joined Branstetter Stranch & Jennings PLLC in Nashville.

After a year there, Campbell became an inaugural law clerk for partner Jane Branstetter Stranch, who was appointed by President Obama to the Sixth Circuit. Campbell returned to the firm after, where she still practices.

History of the Vacancy

Campbell has been nominated for a Tennessee seat on the U.S. Court of Appeals for the Sixth Circuit. If confirmed, she would replace Stranch, for whom she had previously clerked.

Legal Experience

Campbell has spent virtually her entire legal career at the firm of Stranch Jennings & Garvey PLLC (formerly Branstetter Stranch & Jennings PLLC), where she worked on plaintiff side employment and tort litigation, including the representation of labor unions in Tennessee.

For example, Campbell has represented plaintiffs suing for violations of the Employee Retirement Income Security Act (ERISA). See, e.g., Vaden v. Dekalb Telephone Co-op., Inc., 21 F. Supp. 3d 901 (M.D. Tenn. 2014). Notably, Campbell represented Andre Deschamps in an ERISA claim against his employer after they failed to honor a promise to maintain ten years of pension credit that he had entered the position with. See Deschamps v. Bridgestone Americas, Inc., 169 F. Supp. 3d 375 (M.D. Tenn. 2015). After the district court sided with Deschamps, the Sixth Circuit affirmed. Deschamps v. Bridgestone Americas, Inc., 840 F.3d 267 (6th Cir. 2016).

Outside of the ERISA context, Campbell was part of a legal team challenging medical treatments for Tennessee inmates being treated for Hepatitis C as inadequate, including through a bench trial that ended in a verdict finding no violation of the Eighth Amendment. See Atkins v. Parker, 412 F. Supp. 3d 761 (M.D. Tenn. 2019) (Crenshaw, J.).

Campbell also had the opportunity to argue a number of cases before the Sixth Circuit. For example, she convinced the Sixth Circuit to reverse the dismissal of an ERISA action against Cumberland University. See Hitchcock v. Cumberland University 403 (b) DC Plan, 851 F.3d 552 (6th Cir. 2017).

Political Activity

Campbell has made a number of political donations throughout her career, all to Democrats. This includes a donation to Congressional candidate Odessa Kelly, which drew scrutiny at her confirmation hearing.

Writings

Notable among Campbell’s writings in a paper she authored as a J.D. candidate at Georgetown endorsing a cross-border “labor exchange program.” See Karla M. Campbell, Guest Worker Programs and the Convergence of U.S. Immigration and Development Policies: A Two-Factor Economic Model, 21 Geo. Immigr. L.J. 663 (2006-2007). In the paper, Campbell discusses guest worker programs proposed by then President George W. Bush, and argues that a cross-border labor exchange program would permit a maximization of economic goals for the United States and foreign economic stakeholders. See id.

Overall Assessment

Despite the opposition of her home state senators, Campbell’s nomination has reached the Senate floor. However, here, it joins a long queue of judicial nominations that will need essential unanimous support from the Democratic caucus in order to be confirmed. It remains to be seen if Campbell’s nomination will cross that threshold, given the limited floor time left this Congress.

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Ryan Park – Nominee to the U.S. Court of Appeals for the Fourth Circuit

On July 3, 2024, President Biden announced his intent to nominate Ryan Y. Park, the Solicitor General of North Carolina, to a seat on the United States Court of Appeals for the Fourth Circuit. If confirmed, Park would become the first Asian American, Native American or Pacific Islander to serve on the court. (1)

Background

Park is the son of Korean immigrants that emigrated from South Korea to North Carolina in the 1970s. His mom attended East Carolina University as an international student, eventually graduating with a degree in library science. The family settled in St. Paul, Minnesota, where Park was raised. He has written about his strict upbringing by his “authoritarian father”, citing examples such as, “marching through the snow, reciting multiplication tables” and having to stand “at attention at the crack of dawn reading the newspaper aloud, with each stumble earning a stinging rebuke. (2)

Park graduated from Amherst College in 2005, receiving his Bachelor of Arts. From 2006 to 2007, he would return to South Korea after he received a Fulbright Scholarship to teach English at a boys’ school. He returned to the United States of America, eventually graduating from Harvard Law School in 2010 with a Juris Doctor, summa cum laude.

Park served as a law clerk for Judge Jed S. Rakoff on the U.S. District Court for the Southern District of New York from 2010 to 2011, Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit from 2011 to 2012, and for both U.S. Supreme Court Justices Ruth Bader Ginsburg and Justice David H. Souter from 2013 to 2014. He worked in the Office of the Legal Adviser at the U.S. Department of State from 2012 to 2013 and then as an associate at Boies, Schiller & Flexner LLP from 2014 to 2017. Park served as Deputy Solicitor General of North Carolina from 2017 to 2020. On March 18, 2020, North Carolina Attorney General Josh Stein announced that Park would become the Solicitor General of North Carolina on March 31st. (3) After his clerkship ended at the U.S. Supreme Court, Park took a short break from his career to be a stay-at-home dad after the birth of his daughter. (4)

History of the vacancy

On January 5, 2024, Judge James Wynn Jr. notified the White House he will be taking senior status upon the confirmation of his successor. This created a future vacancy for his seat on the United States Court of Appeals for the Fourth Circuit based in Raleigh, NC. President Biden announced his intent to nominate Park to Wynn’s seat. The court was once considered one of the most conservative of the nation’s 13 circuit courts. President Obama was able to put seven judges on the 15-judge court, including Judge Wynn. If confirmed, Ryan Park would be President Biden’s fourth judge on the court that covers the states of Maryland, North Carolina, South Carolina, Virginia and West Virginia.

Legal Experience

In addition to his position as the Solicitor General of North Carolia, Park lectures at Duke University and teaches at UNC Law School.(5)

In November 2019, Park delivered an argument to the U.S. Supreme Court in Allen v. Cooper. Serving in his capacity as Deputy Solicitor General, Park defended North Carolina’s sovereign immunity from a copyright lawsuit, eventually winning the case. (6)

On October 31, 2022, the U.S. Supreme Court heard oral arguments for Students for Fair Admissions v. University of North Carolina Oral Argument. As Solicitor General, Park represented the state concerning the UNC’s race-conscious admissions policy, among the factors used in UNC’s holistic applicant review. (7) Both Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina (8) were decided jointly on June 29, 2023, with the Court ruling in a 6-3 decision that race-based admissions adopted by both Harvard University and UNC were unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The U.S. Supreme Court effectively overruled Regents of the University of California v. Bakke (1978) and Grutter v. Bollinger (2003), which validated some affirmative action in college admissions provided that race had a limited role in decisions.

State v. Oldroyd was a 2022 case which involved the 1996 ambush murder of Jonesville, NC police Sgt. Gregory K. Martin. The case remained unsolved until 2014, when the people responsible for the murder were arrested, charged and convicted. One of the accomplices appealed his conviction, and the state Court of Appeals agreed and vacated the defendant’s conviction. Park appealed the case to the North Carolina Supreme Court, serving as lead counsel, which resulted in the decision being overturned and the accomplice set to serve his full sentence. (9)

Statements and Writings

Park has written numerous articles during his legal career.

What Ruth Bader Ginsburg Taught Me About Being A Stay-At-Home Dad (10)
The Supremely Old, Supremely Sharp, Supreme Court (11)
Why So Many Young Doctors Work Such Awful Hours (12)
My Friend and Boss, Ruth Bader Ginsburg (13)

Overall Assessment

Ryan Park is the third state Solicitor General that President Biden has nominated to a U.S. circuit court of appeals. Unlike the previous two, Toby Heytens and Anthony Johnstone, both of Park’s home state senators Thom Tillis and Ted Budd announced opposition to his nomination. The same day Park was nominated, Senators Tillis and Budd released the following statement…“This nomination is a non-starter and the White House has already been informed they do not have the votes for confirmation. While the White House has fallen short of engaging the advice and consent process in good faith for North Carolina’s judicial vacancies, we still hope to work together to find a consensus nominee who can earn bipartisan support and be confirmed.” (14) Both senators released an earlier joint statement regarding the vacancy, “While we have not yet been able to reach a consensus choice with the White House for the Fourth Circuit vacancy, we will continue our discussions in good faith to identify and agree upon a nominee.” (15)At a senate judiciary committee hearing earlier in the year, senator Tillis gave more detail into the talks with The White House regarding the vacancy stating, “The White House tried to jam him on a Fourth Circuit nominee.” A White House official disputed that characterization, arguing that the administration sought Tillis’ input on vacancies in North Carolina and the Fourth Circuit, including offering four candidates for the North Carolina senators’ consideration and considering four of their candidates. The administration chose to proceed with one of their candidates. (16)

Park’s confirmation may come down to another statement Senator Tillis has made regarding the nomination. Tillis stated he has two Democrat senators that have informed him they will not vote for the nominee The White House choose. With Democrats having a 51-49 majority in the U.S. senate, if Tillis is correct, that would dramatically reduce the chances of Park being confirmed this term. The White House would either need to convince a Republican senator to vote to confirm Park, schedule the cloture & confirmation votes for Park on days where the senate attendance would have one of the senators voting no to miss the votes or convince one of the two Democrat senators Tillis has gotten commitments from to vote no, to change their minds and vote yes. With Park achieving the law clerk trifecta of clerking on all three levels of the federal judiciary, along with being a Solicitor General who has argued cases at the U.S. Supreme Court, he should be able to hit the ground running on the Fourth Circuit Court of Appeals if he is confirmed. As the youngest of President Biden’s eight Asian American, Native American or Pacific Islander nominees to the federal circuit courts, Park could find himself on the short list for a Democrat president looking to nominate the first Asian American Justice to the U.S. Supreme Court for decades to come.

References

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Julia Lipez – Nominee to the U.S. Court of Appeals for the First Circuit

The daughter of a prominent First Circuit Judge, Maine Superior Court Judge Julia Lipez is poised to take the seat that her father once held.

Background

The daughter of First Circuit Judge Kermit Victor Lipez, Julia Lipez received a B.A. magna cum laude from Amherst College in 2002 and her J.D., with distinction from Stanford Law School in 2006. After graduating, Lipez clerked for Judge Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit.

Lipez then joined the New York office of Wilmer Cutler Pickering Hale and Dorr LLP (Wilmer Hale). Lipez then shifted to the U.S. Attorney’s Office for the District of Maine, where she became Appellate Chief.

In 2022, Governor Janet Mills appointed Lipez to the Maine Superior Court, where she has served since.

History of the Seat

Lipez has been nominated for a vacancy on the U.S. Court of Appeals for the First Circuit. If confirmed, Lipez would replace Judge William Kayatta, who will take senior status upon confirmation of a successor. Kayatta himself replaced Lipez’s father.

Legal Experience

After her clerkship, Lipez joined WilmerHale as an Associate, where she primarily worked on civil litigation. Notably, during this time, Lipez was part of the legal team representing the City of New Haven in the landmark Supreme Court case of Ricci v. DeStefano (the team was led by future federal judge Victor Bolden). See Ricci v DeStefano, 557 U.S. 557 (2009). In Ricci, the Supreme Court narrowly sided with the City in approving its use of eminent domain to seize land for economic development rather than direct public use. See id.

On the criminal side, Lipez, alongside former Solicitor General Seth Waxman and future federal judge Paul Engelmayer, represented Ronald Ferguson, the CEO of the General Reinsurance Corporation, alleging fraud and other offenses arising from the collapse of AIG. See United States v. Ferguson, 676 F.3d 260 (2d Cir. 2011).

From 2011 to 2022, Lipez served as a federal prosecutor in the U.S. Attorney’s Office for the District of Maine. Notably, Lipez served as the office’s Human Trafficking Coordinator between 2014 and 2022, and the office’s Appellate chief between 2015 and 2022. During this time, Lipez argued around 15 cases before the First Circuit and tried seven jury trials.

Notably, Lipez prosecuted David Miller for transporting his minor adopted daughter across state lines for criminal sexual activity. See United States v. Miller, 911 F.3d 638 (1st Cir. 2018). Lipez also successfully argued before the First Circuit (in a panel that included former Supreme Court Justice David Souter) to defend tax evasion and fraud convictions for a doctor who illegally documented and wrote off phony medical debt. See United States v. Sabean, 885 F.3d 27 (1st Cir. 2018).

Judicial Experience

Since 2022, Lipez has served as a judge on the Maine Superior Court, which is a trial court of general jurisdiction, but also oversees administrative appeals. During her time as a judge, Lipez has presided over 14 jury and seven bench trials.

Notably, Lipez affirmed a decision by Secretary of State Shanna Bellows to bar Chris Christie from the Maine Republican Presidential Primary ballot, finding that he had not submitted sufficient valid signatures for the ballot. See Susan Cover, Judge Upholds Decision to Leave Chris Christie Off Maine Ballot, Saying He Failed to Get Enough Signatures, Spectrum News, Dec. 22, 2023, https://spectrumlocalnews.com/me/maine/politics/2023/12/22/judge-upholds-decision-to-leave-chris-christie-off-maine-ballots.

Among other notable cases, Lipez denied motions to dismiss sexual assault charges against a defendant based on speedy trial and double jeopardy after his first jury deadlocked. See State v. Michaud, KENCD-CR-19-2763 (Me. Super. Ct.).

Writings

As a law student at Stanford, Lipez authored a paper discussing California’s programs to help ex-offenders return to the workforce after prison. See Julia Lipez, A Return to the “World of Work”: An Analysis of California’s Prison Job Training Programs and Statutory Barriers to Ex-Offender Employment, Crime and Punishment Policy: Reforming California Corrections, Jan. 27, 2006, available at https://law.stanford.edu/index.php?webauth-document=child-page/266901/doc/slspublic/JLipez_05.pdf. In the paper, Lipez outlines California’s current schemes but also posits that more assertive policy changes are necessary in California to ensure that ex-offenders are able to return to the workforce. Specifically, Lipez recommends increased training for offenders in the fields of carpentry, as well as in reception and clerical positions in offices. See id. at 41-42. Lipez argues that, improving employment prospects significantly cuts down on recidivism, making everyone safer. See id. at 45.

More recently, Lipez co-authored an article discussing strategies for prosecutors to develop a successful practice with human trafficking cases. See Kate Crisham and Julia Lipez, Developing a Successful Human Trafficking Practice, 70 Dep’t of Just. J. Fed. L. & Prac. 297 (2022).

Overall Assessment

With President Biden’s announcement that he will not be seeking re-election, he nonetheless can point to judges as one of the strongest accomplishments of his first term. This impact is likely to be strengthened by the confirmation of Lipez.

Setting aside her famous parentage, Lipez brings to her nomination extensive litigation experience on both the civil and criminal side, as well as appellate experience and time spent on the bench. As such, despite her youth, Lipez can certainly be deemed qualified for the bench. If confirmed, Lipez, as the youngest judge to join the First Circuit since Stephen Breyer in 1980, would likely play a significant role in shaping First Circuit jurisprudence.

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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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Kevin Ritz – Nominee to the U.S. Court of Appeals for the Sixth Circuit

Two years ago, U.S. Attorney Kevin Ritz was comfortably confirmed to his current role by the Senate. However, Ritz likely faces a tougher road in seeking to succeed his former boss on the U.S. Court of Appeals for the Sixth Circuit.

Background

Born October 15, 1974, in Petersburg Virginia, Kevin Gafford Ritz received a B.A. from the University of Virginia in 1997, an M.S. from the Georgetown University School of Foreign Service in 1999, and a J.D. from the University of Virginia School of Law in 2004 before clerking for Judge Julia Smith Gibbons on the U.S. Court of Appeals for the Sixth Circuit.

Ritz subsequently joined the U.S. Attorney’s Office for the Western District of Tennessee, rising to become Criminal Appellate Chief in 2010, Appellate Chief in 2018, and being confirmed as U.S. Attorney in 2022. Ritz currently serves as the U.S. Attorney for the Western District of Tennessee.

History of the Vacancy

Ritz has been nominated for a Tennessee seat on the U.S. Court of Appeals for the Sixth Circuit. If confirmed, Ritz would replace Gibbons, for whom he had previously clerked.

Legal Experience

Ritz has spent his entire legal career at the U.S. Attorney’s Office for the Western District of Tennessee, starting with narcotics prosecutions before working on both criminal and civil appeals at the Sixth Circuit, and finally, being appointed to be U.S. Attorney.

Starting in the office in 2005, Ritz spent the first five years of his prosecutorial career handling narcotics cases at both the trial and appellate level. During that time, Ritz tried eleven jury trials. Among his trials, Ritz won convictions for carjacking, robbery, and firearms crimes in a trial presided over by Judge Bernice Donald. See United States v. Chandler and Benton, No. 09-cr-20518 (W.D. Tenn.).

From 2010 to 2018, Ritz served as Criminal Appellate Chief for the U.S. Attorney’s Office, and from 2018 to 2022, served as Appellate Chief, handling both Criminal and Civil cases. Ritz argued thirty-six cases before the Sixth Circuit, as well as one in the Third Circuit. Among the notable cases that Ritz argued, he defended a conviction for illegal possession of a firearm, which was challenged under the Rehaif v. United States Supreme Court decision, which held that the Brady handgun bill’s classes of prohibited individuals, who aren’t allowed to have firearms, requires the individual to know of their prohibited status. See United States v. Ward, 957 F.3d 691 (6th Cir. 2020). Ritz also notably argued before the en banc Sixth Circuit in turning back an ineffective assistance of counsel claim, in a case holding that such a claim only applied once the individual was charged. See Turner v. United States, 885 F.3d 949 (6th Cir. 2018) (en banc). Ritz’s sole Third Circuit case involved defending convictions for witness-murder against an actual innocence claim. See Bruce v. Warden Lewisburg USP, 868 F.3d 170 (3d Cir. 2017).

Notably, Ritz argued before the Sixth Circuit in the Castleman case that individuals convicted of misdemeanor domestic violence charges could be barred from owning firearms. See United States v. Castleman, 695 F.3d 582 (6th Cir. 2012). While the Sixth Circuit ruled against the government, a unanimous Supreme Court reversed and sided with the position that Ritz had taken. United States v. Castleman, 572 U.S. 157 (2014).

Since 2022, Ritz has served as the Senate confirmed U.S. Attorney for the Western District of Tennessee.

Political Activity

Ritz has a handful of political donations throughout his career, all to Democrats.

Overall Assessment

Ritz’s push for a lifetime appointment is likely to draw significantly more opposition than his first confirmation did. Both Tennessee senators oppose Ritz’s confirmation, and he has drawn some fire over a complaint filed against him alleging misconduct from several years ago.

However, Ritz’s supporters can reasonably argue that the mere filing of a complaint does not indicate any ethical issues, particularly in a situation where no finding of misconduct or disciplinary action appears to have been taken. Furthermore, many of the senators raising the issue saw no problem with Ritz’s candidacy to be U.S. Attorney. As a bottom line, if prioritized, Ritz can be confirmed in due course.

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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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Adeel Mangi – Nominee to the U.S. Court of Appeals for the Third Circuit

A long search to replace Judge Joseph Greenaway on the Third Circuit led the White House to civil attorney Adeel Mangi. If confirmed, Mangi would fulfill several firsts on the bench, being the first Muslim American and Pakistani American on the appellate bench, as well as the only judge on the bench currently not to practice law under a J.D.

Background

Born Adeel Abdallah Mangi in Karachi, Pakistan in 1977, Mangi received a B.A. from the University of Oxford in 1998 and a Postgraduate Diploma from the City University London Inns of Courts in 1999 before getting an L.L.M. from Harvard Law School in 2000. Mangi then joined Patterson Belknap Webb & Tyler LLP where he has served as a partner since 2010.

History of the Seat

Mangi has been nominated for a New Jersey seat on the U.S. Court of Appeals for the Third Circuit vacated by Judge Joseph Greenaway. Greenaway, named to the district court by President Clinton in 1996 and to the Third Circuit by President Obama in 2010 stepped away from the bench on June 15, 2023.

The Biden Administration considered a number of candidates for the vacancy before zeroing in on Mangi. See David Wildstein, Adeel Mangi is Top Candidate for Third Circuit Court of Appeals Seat, New Jersey Globe, Nov. 6, 2023, https://newjerseyglobe.com/fr/adeel-mangi-is-top-candidate-for-third-circuit-court-of-appeals-seat/. The initial frontrunner for the seat was New Jersey Supreme Court Justice Fabiana Pierre-Louis, who took herself out of the running during the process. See id. Mangi, who previously interviewed for a district court judgeship under President Trump was brought under consideration in September 2023 and was nominated on November 15, 2023.

Political Activity

Mangi has a handful of political contributions to his name, including contributions to Biden and to Hillary Clinton in 2016.

Legal Experience

While he is a resident of Jersey City, Mangi has practiced at the New York City Office of Patterson Belknap Webb & Tyler LLP for his entire legal career, starting there in 2000, where he has focused on complex civil litigation. During his career, Mangi has tried eight bench and jury trials, including two jury trials in a trade secrets dispute in which Mangi secured a $2 billion jury verdict. See Appian Corp. v. Pegasystems, Inc., No. 2020-07216 (Circuit Court of Fairfax Cnty., Virginia). In other notable cases, Mangi represented the pet food company Blue Buffalo in defending a false advertising suit. See Blue Buffalo Co. Ltd. v. Wilbur-Ellis Co. LLC et al., No. 4:14-cv-00859.

Mangi has also briefed and/or argued approximately 30 appeals before federal and state courts of appeal, including appellate litigation before the Third Circuit on behalf of Johnson & Johnson in a suit against Walgreen. See Walgreen Co. v. Johnson & Johnson, 950 F.3d 195 (3d Cir. 2020).

Setting aside the civil and commercial litigation he worked on, Mangi also handled a number of notable pro bono cases. Notably, Mangi was plaintiff’s counsel for the estate of Karl Taylor, an inmate who died in a New York correctional facility. See Ramsay-Nobles, et al. v. Keyser et al., No. 1:16-cv-05778 (S.D.N.Y.). After a two week trial, Mangi settled the case for approximately $5 million. Mangi also represented Muslim groups in the towns of Bayonne and Bernards in suits after permits for building mosques were denied in the towns, leading to settlements and construction of the mosques in both towns. See Bayonne Muslims et al. v. City of Bayonne et al., No. 2:17-cv-03731 (D.N.J.) and The Islamic Society of Basking Ridge et al. v. Townships of Bernards et al., No. 3:16-cv-1369 (D.N.J.).

Additionally, Mangi has submitted numerous amicus briefs before the U.S. Supreme Court. For example, Mangi filed an amicus brief on behalf of the Muslim Bar Association of New York in support of the gay and transgender plaintiffs seeking protection under Title VII of the Civil Rights Act in Bostock v. Clayton County, Ga. See 140 S. Ct. 1731 (2020). Mangi also represented various Muslim bar associations in opposition to the Trump travel bans. See Trump v. Hawaii, 138 S. Ct. 2392 (2018). Additionally, on the circuit level, Mangi represented a coalition of religious organizations as amici in a suit regarding whether the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) permits money damages. See Landor v. Louisiana Dep’t of Corr. & Pub. Safety, 82 F.4th 337 (5th Cir. 2023).

Overall Assessment

As a relatively young nominee with a number of liberal pro bono representations, it is perhaps unsurprising that Mangi has already drawn significant opposition from the right. However, it is surprising that much of the opposition at Mangi’s confirmation hearing centered around allegations of antisemitism based not on any statements or positions taken by Mangi himself but rather by others. Mangi’s pro bono representations took fairly little oxygen during an otherwise contentious confirmation hearing. This was perhaps a recognition that there is little in Mangi’s actual legal record that is likely to draw opposition. Barring anything surprising emerging about Mangi himself, Mangi is likely to be confirmed and will likely be a left-meaning but relatively mainstream judge on the Third Circuit.

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Nicole Berner – Nominee to the U.S. Court of Appeals for the Fourth Circuit

After an extensive dispute over picking a candidate for the Fourth Circuit, the Biden Administration and Maryland senators have agreed on longtime labor lawyer Nicole Berner.

Background

Born in England, Nicole G. Berner grew up in California before getting a B.A. from U.C. Berkeley in 1988 and a J.D. from Berkeley School of Law and a M.P.P. from the Goldman School of Public Policy at Berkeley in 1995.

After graduating, Berner clerked for Judge Betty Binns Fletcher on the U.S. Court of Appeals for the Ninth Circuit and for Judge Thelton Henderson on the U.S. District Court for the Northern District of California. Berner subsequently joined Jenner & Block as an Associate.

In 2004, Berner joined Planned Parenthood as a staff attorney. In 2006, she shifted to the Service Employees International Union (“SEIU”) as in-house counsel, becoming general counsel in 2017. She serves in this role.

History of the Seat

Berner has been nominated to replace U.S. Circuit Judge Diana Gribbon Motz, who moved to senior status on September 30, 2022. Berner’s nomination came almost two years after Motz first announced her departure, a delay that was allegedly attributed to a dispute in candidates between the White House and Sen. Ben Cardin. However, Cardin and Sen. Chris Van Hollen have both indicated their support for Berner.

Legal Experience

Other than her clerkships, Berner started her legal career at the firm of Jenner & Block. Notably, Berner was part of the legal team representing Michael Schiavo in the suit to permit him to end nutrition and hydration for his wife Terri Schiavo. See Bush v. Schiavo, 871 So.2d 1012 (Fla. 2d Dist. App. 2004). While at the firm, Berner was part of the legal team representing amici in a suit challenging Arkansas’ sodomy ban. See Jegley v. Picado, 80 S.W.3d 332 (Ark. 2002). Berner was also representing amici as part of a suit to strike down Kansas’ Romeo-and-Juliet law for distinguishing legal penalties based on whether couples were of the opposite sex or the same sex. See State v. Limon, 280 Kan. 275 (2005).

After her time at Jenner & Block, Berner spent two years at Planned Parenthood. While there, Berner was part of the legal team challenging Ohio’s ban on the drug mifepristone. See Planned Parenthood Cincinnati v. Taft, 444 F.3d 502 (6th Cir. 2006).

Since 2006, Berner has been in-house counsel for the union SEIU. In this role, Berner litigated across the country in cases where employers were accused of retaliating against union organizers or breaching union agreements. See, e.g., Finley Hosp. v. NLRB, 827 F.3d 720 (8th Cir. 2016). Berner has also served as counsel in litigation where SEIU has been sued for alleged violations. See, e.g., Bellitto v. Snipes, 221 F. Supp. 3d 1354 (S.D. Fla. 2016). During the Trump Administration, Berner was part of SEIU legal challenges to Trump executive orders governing union activities by government employees. See Service Employees Intern. Union Local 200 v. Trump, 419 F. Supp. 3d 612 (W.D.N.Y. 2019).

Additionally, Berner has served as amici counsel for unions in a number of different cases, including cases of marriage equality. See Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). Berner also represented amici in Hawaii’s suit against the Trump travel ban. See Hawaii v. Trump, 859 F.3d 741 (9th Cir. 2017). More recently, Berner has represented amici in a challenge to abortion restrictions in Missouri. See Reproductive Health Servs. v. Parson, 1 F.4th 552 (8th Cir. 2021).

Writings and Media

Berner has written and commented frequently on the law, including the intersection of the law and LGBT issues. See, e.g., Nicole Berner, Child Custody Disputes Between Lesbians: Legal Strategies and Their Limitations, 10 Berkeley Women’s L.J. 31, 32 (1995). Berner has also written on the challenges of being a female attorney. See Stephanie A. Scharf, Lorelei S. Masters, Nicole G. Berner, and Cynthia J. Robertson, Through the Glass Ceiling: Best Practices for Women Lawyers and Their Firms, 89 Women Law J. 7 (2003-2004).

In 2000, Berner was a plaintiff in Berner-Kadish v. Minister of Interior, a landmark Israeli Supreme Court case that recognized the rights of two mothers to be designated on a child’s birth certificate. The case, and subsequent legal support for same-sex parents in Israel, also led to media attention and profiles of Berner and her family. See, e.g., Meet the Berner-Kadish Family, New Israel Fund, June 11, 2015, available at https://www.nif.org/stories/human-rights-democracy/meet-the-berner-kadish-family/.

Political Activity

Berner has been a frequent donor to Democrats across the country, for example, donating to Sen. Elizabeth Warren in 2020. Berner has also given to unsuccessful senate candidates Cal Cunningham and Theresa Greenfield.

Overall Assessment

Berner comes to the federal bench with extensive litigation experience. Additionally, her work as a labor attorney and an attorney on LGBT and reproductive rights issues is likely to endear her to the left. However, those same qualifications are likely to attract strong opposition from conservatives. Additionally, conservatives may look askance at Berner’s wife’s representation of Christine Blasey Ford, who had accused Justice Brett Kavanaugh of sexual assault.

All in all, Berner is likely to be deemed a controversial nomination. If confirmed, Berner is likely to reinforce the liberal wing of the Fourth Circuit.

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Seth Aframe – Nominee to the U.S. Court of Appeals for the First Circuit

After the withdrawal of their first nominee to fill the final vacancy on the First Circuit, former New Hampshire Attorney General Michael Delaney, the Biden Administration is trying again with federal prosecutor Seth Aframe.

Background

Born in Boston, Massachusetts in 1974, Seth Robert Aframe received a bachelor’s degree summa cum laude from Tufts University in 1996 and then received a J.D. from Georgetown University in 1999. Aframe then clerked for Justice Judith Cowin on the Massachusetts Supreme Judicial Court before joining Choate Hall & Stewart in Boston as an Associate.

In 2003, Aframe moved to New Hampshire to clerk for Judge Jeffrey Howard on the U.S. Court of Appeals for the First Circuit. In 2007, he became a federal prosecutor with the U.S. Attorney’s Office for the District of New Hampshire where he currently serves as Appellate chief and Chief of the Criminal Division.

History of the Seat

Upon the recommendation of New Hampshire Senators Jeanne Shaheen and Maggie Hassan, Aframe has been nominated for a vacancy on the U.S. Court of Appeals for the First Circuit. This seat opened when Judge Jeffrey Howard took senior status on March 31, 2022. On January 18, 2023, former New Hampshire Attorney General Michael Delaney was nominated to fill this seat. However, Delaney faced bipartisan opposition based on his role in defending St. Paul’s School against a lawsuit brought by a plaintiff alleging sexual assault at the school and withdrew on May 18, 2023. Approximately a week after the withdrawal, Aframe reached out to Shaheen expressing his interest in the position. After interviewing with the senators and then with the White House in July 2023, Aframe was nominated on October 4, 2023.

Legal Experience

After a clerkship, Aframe started his career at Choate Hall & Stewart in Boston, where he worked in commercial litigation. For example, Aframe represented Lucent Technologies in defending against a disability discrimination claim brought by a former employee who was dismissed for allegedly falsifying company records. See Desando v. Lucent Technologies, 193 F. Supp. 2d 358 (D. Mass. 2002).

After an extensive stint as a law clerk at the First Circuit, Aframe joined the U.S. Attorney’s Office for the District of New Hampshire, where he has served for the last sixteen years. He started in the Civil Division of the office. Since 2010, Aframe has served as the Appellate Chief of the U.S. Attorney’s Criminal Division, in which capacity he has argued approximately 100 cases before the First Circuit, in addition to trying several cases in the District of New Hampshire. Among his trials, Aframe was lead counsel in a ten day money laundering and conspiracy trial involving a fraudulent scheme to convert fraudulent proceeds into bitcoin. See United States v. Freeman, 21-cr-41-JL (D.N.H.)

Among Aframe’s notable appeals, he successfully defended a trial verdict of guilt wherein the defendant was a physician who had received kickbacks to prescribing a fentanyl spray to his pain patients. See United States v. Clough, 978 F.3d 810 (1st Cir. 2020). The First Circuit, in affirming the verdict, found that the government need not prove an explicit connection between the fees received by the physician and the prescriptions in order to prove a conspiracy. See id. In another notable case, Aframe successfully defended a conviction under the federal cyberstalking statute against a First Amendment challenge. See United States v. Ackell, 907 F.3d 67 (1st Cir. 2018).

Outside the criminal context, Aframe successfully persuaded the First Circuit that the Department of Health and Human Services had appropriately withheld internal emails and redacted portions of manuals produced in a Freedom of Information Act request relating to the provision of a grant to Planned Parenthood. See New Hampshire Right to Life v. United States Department of Health and Human Services, 778 F.3d 43 (1st Cir. 2015).

Political Activity

Aframe has two donations to his name, one to Democratic gubernatorial candidate Colin Van Ostern, and one to Sen. Jeanne Shaheen.

Overall Assessment

If there is one lesson that the Biden Administration can take away from the loss of the Delaney nomination, it is that unexpected issues can sometimes tank otherwise qualified nominees. Aframe, like Delaney, has extensive legal experience in the New Hampshire community and is generally well-respected. However, unlike Delaney, Aframe’s confirmation hearing focused largely on issues of sentencing that are unlikely to draw Democratic opposition. As such, while Aframe, at least barring the unexpected, looks favored to join the federal bench in due course.

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Rich Federico – Nominee to the U.S. Court of Appeals for the Tenth Circuit

The Kansas-based vacancy on the Tenth Circuit vacated by Judge Mary Briscoe in March 2021 is the oldest pending appellate vacancy on the federal judiciary. After the withdrawal of initial nominee Jabari Wamble, the White House is hoping for better luck with federal public defender Rich Federico.

Background

Richard E.N. Federico got a B.A.J. from Indiana University in 1999 and a J.D. from the University of Kansas School of Law in 2002. After graduating, Federico joined the U.S. Navy Judge Advocate Corps as a naval prosecutor, and shifted to being a defense counsel in 2008. In 2015, Federico became appellate defense counsel, while also serving as an Assistant Federal Public Counsel for the District of Oregon.

Since 2017, Federico has served at the Federal Public Defender’s Office for the District of Kansas, serving as Senior Litigator since 2020.

History of the Seat

Federico was tapped for a Kansas seat on the U.S. Court of Appeals for the Tenth Circuit. The seat was vacated by Judge Mary Briscoe’s move to senior status on March 15, 2021. The White House previously nominated federal prosecutor Jabari Wamble to fill the vacancy, and it preliminarily seemed that Wamble had a smooth path to confirmation. However, Wamble’s nomination was subsequently shifted to the U.S. District Court and then, in anticipation of a bad A.B.A. review, Wamble withdrew his nomination entirely.

Legal Career

Federico started his legal career as a naval prosecutor in the J.A.G. Corps, before switching to become a naval defense counsel in 2008. In the latter role, Federico served as defense counsel in the Office of Military Commissions, representing Guantanamo Bay detainees in trials before military tribunals for war crimes. See Lieutenant Commander Rich Federico, The Unusual Punishment: A Call For Congress to Abolish the Death Penalty Under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses, 18 Berkeley J. Crim. L. 1 (2013).

Since 2017, Federico has served as a federal public defender for the U.S. Public Defender’s Office for the District of Kansas. Notably, Federico represented Tyler Bariss, a Kansas man sentenced to 20 years in prison for a “swatting” attack that led to the death of Andrew Finch. See Steve Almasy and Melissa Alonzo, His ‘Swatting’ Call Led to the Death of a Man. Now He is Going to Prison for 20 Years, CNN.com, Mar. 30, 2019, https://www.cnn.com/2019/03/29/us/swatting-suspect-20-year-sentence/index.html. Bariss plead guilty with both parties arguing sentence, with prosecutors requesting 25 years, while Federico requested 20. See id. Judge Eric Melgren went with the defense request, which was still well above the sentencing guidelines, which recommended 10 years. See California Man Behind ‘Swatting’ Call That Led to Fatal Shooting Gets 20 Years, CBS.com, Mar. 30, 2019, https://www.cbsnews.com/texas/news/california-man-swatting-call-fatal-shooting-gets-20-years/.

Political Activity

Federico has only two political donations to his name, one in 2020 to Democratic Presidential candidate Amy Klobachar, and one in 2022 to Republican Attorney General candidate Tony Mattivi.

Statements and Writings

In 2013, Federico authored a notable paper urging for the limited abolition of the death penalty under the Uniform Code of Military Justice, arguing to limit the penalty to homicide crimes. See Lieutenant Commander Rich Federico, The Unusual Punishment: A Call For Congress to Abolish the Death Penalty Under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses, 18 Berkeley J. Crim. L. 1 (2013). Federico’s paper outlines the history of executions in military justice, and has been cited by the D.C. Circuit. See Jackson v. Modly, 949 F.3d 763, 771 n.6 (D.C. Cir. 2020).

In 2015, Federico testified as a witness before the Judicial Proceedings Subcommittee of the U.S. Department of Defense Judicial Proceedings Panel. Among the issues the panel was focused on was the rewriting of sexual assault statutes in order to make them more workable. In his testimony, Federico urged the definition of the term “incapable of consenting” in the statute as it relates to impairment from substances such as alcohol. Testimony starts at P. 253 line 15 (https://texasdefenselawyers.com/wp-content/uploads/2019/05/Transcript-2-1.pdf).

Overall Assessment

After the failure of the Wamble nomination, Federico has at least received a warm reception from his home state senators. Despite having served in court-appointed defense for the past fifteen years, Federico’s military background as well as his support of Mattivi should insulate him from claims that he is strongly left-wing.

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