Kelley Hodge – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

In 2017, Kelley Hodge became the first African American woman to serve as District Attorney for Philadelphia. Hodge is now poised to become a federal judge in the city.

Background

Born November 17, 1971in Abingdon, Pennsylvania, Kelley Brisbon Hodge grew up in Montgomery County. She received a B.A. from the University of Virginia in 1993 and a J.D. from the University of Richmond T.C. Williams School of Law in 1996. Hodge then joined the Richmond Public Defender’s Office.

In 2004, Hodge joined the Philadelphia District Attorney’s Office. In 2011, Hodge was appointed by Governor Tom Corbett to be safe schools advocate in Philadelphia and from 2015 to 2016, she was executive assistant to the president of the University of Virginia before returning to Pennsylvania to be of counsel at the firm of Elliott Greenleaf.

In 2017, after the resignation of Philadelphia District Attorney Seth Williams, Hodge was appointed to be interim D.A., which she held until the inauguration of Larry Krasner in 2018.

Hodge subsequently returned to Elliott Greenleaf, where she stayed until moving to Fox Rothschild’s Philadelphia office in 2020, where she currently serves.

History of the Seat

Hodge has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on June 1, 2021, when Judge Petrese Tucker moved to senior status.

Legal Experience

Hodge has held a variety of legal positions throughout her career, from serving as a public defender, a prosecutor, in private practice, and in policy positions. She started her career at the Richmond Public Defender’s office, where she defended Roosevelt Brackett, who was charged with arson and murder for allegedly setting his friend on fire. See Alan Cooper, Man Convicted of Murder, Arson; Ruled Responsible for Friend’s Third-Degree Burns and Death, Richmond Times-Dispatch, Jan. 9, 2001. She also defended Donald McMillian, who was convicted of murder for stabbing Lonnice Wilson. See Alan Cooper, Judge Convicts Richmond Man of Murder in Stabbing, Richmond Times-Dispatch, Feb. 2, 2002.

In 2004, Hodge moved to become a prosecutor in Philadelphia. While with the office, Hodge prosecuted Dante Robinson for attempted murder, robbery, and weapons related charges arising from the shooting of a delivery driver in Southwest Philadelphia. See Julie Shaw, Daily News Driver Describes Holdup-Shooting, The Philadelphia Daily News, Aug. 11, 2007. Hodge also worked to establish Philadelphia’s Veterans Court. See Karen Heller, Veterans Court Winning Cases, The Philadelphia Inquirer, May 26, 2010.

In 2011, Governor Tom Corbett, a Republican appointed Hodge to the Pennsylvania Commission on Crime and Delinquency to be a safe schools advocate in Philadelphia. In her role, Hodge worked on issues of crime and bullying at Germantown High School. See Dylan Purcell and Susan Snyder, Crime Lurks in Little-Used Areas of Philadelphia Schools, The Philadelphia Inquirer, May 11, 2012.

In 2017, after the resignation of Philadelphia DA Seth Williams, the city’s judges chose Hodge to serve out his term. See Chris Brennan, Judges Will Vote, Via Top Hat, For Interim DA, The Philadelphia Inquirer, July 19, 2017. While she headed the office, Hodge oversaw a series of prosecutions on illegal street gambling. See Chris Brennan, ‘Family Affair’: 9 Nabbed in Alleged Long-Running Philly Street Lottery, The Philadelphia Inquirer, Oct. 21, 2017. She also worked with Attorney General Josh Shapiro to prosecute Democratic members of an election board with intimidating Republican and Green party voters and seeking to change ballots. See Chris Brennan, Election Fraud Charges Filed in 197th District Special Election, The Philadelphia Inquirer, Oct. 31, 2017.

After returning to private practice, Hodge was appointed to a three-person committee overseeing the distribution of funds to victims of child abuse from the Philadelphia Achdiocese. See Mark Scolforo, Pennsylvania Dioceses Outline Child Sex Abuse Victim Funds, A.P. State & Local, Nov. 8, 2018. Hodge was also hired to conduct an external investigation at Vassar University regarding innappropriate behavior by women’s basketball coach Candice Signor-Brown. See Head Coach Signor-Brown Departed from Vassar Amidst Multiple Investigations, Swarthmore Phoenix, Nov. 20, 2020. She was also hired by the Sharon Hill Borough to conduct an independent use of force investigation after the shooting death of an 8 year old at a football game. See Robert Moran, DA: Initial Tests Say Police Shot 8-Year-Old; Fanta Bility Died, 3 Were Injured After Sharon Hill Football Game. A Grand Jury Empaneling Is Sought, Philadelphia Inquirer, Sept. 28, 2021.

Political Activity

Hodge is a Democrat and donated $500 to the Presidential campaign of Kamala Harris in 2020.

Overall Assessment

Hodge has, over the course of a 25 year legal career, built experience in criminal and civil law. As she has the bipartisan support of her home state senators, she will likely sail to confirmation.

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Judge F. Kay Behm – Nominee to the U.S. District Court for the Eastern District of Michigan

Judge Frances Kay Behm, who has been tapped for the federal bench in Michigan, currently serves as a state court judge based out of Flint.

Background

Frances Kay Behm received a B.A. from the Albion College in 1991 and her J.D. from the University of Michigan Law School in 1994.

After graduation, Behm joined the office of Braum Kendrick Finbeiner as an associate. In 1997, Behm moved to the firm of Winegarden, Haley, Lindholm & Robertson. In 2008, Behm became a solo practitioner. In 2009, Behm was appointed to the Genesee County Circuit and Probate Court by Governor Jennifer Granholm. She has served on the court ever since, currently assigned to the Family Division.

History of the Seat

Behm has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on August 6, 2021, when Judge David Lawson moved to senior status.

Legal Career

Behm has held two primary positions in her pre-bench career. From 1994 to 1997, Behm worked as an associate at Braum Kendrick Finbeiner in Saginaw. Then, from 1997 to 2008, Behm was an associate with Winegarden, Haley, Lindholm & Robertson in Flint. In both positions, Behm focused on business litigation and property law.

Political Activity

Before her appointment to the bench, Behm made a handful of political donations, including to Granholm and to Sen. Hillary Clinton.

Jurisprudence

Behm has served as a probate judge in Genesee County since her appointment in 2009. Behm has also migrated through the other divisions on the court, including the family division, where she currently serves.

Among the criminal cases she handled on the bench, Behm sentenced Allen Brown of Flint to 22.5 to 45 years in prison upon his plea to second-degree murder. In the strangulation-related death of Jessica Flood, Behm sentenced Aaron Thornton to a minimum of 25 years in prison.

In 2021, Behm was sued in federal court by pro se plaintiff Ca’ron Lloyd, who alleged damages against several defendants arising from his arrest and conviction before Behm. See Lloyd v. Drigett, Case No. 2:20-cv-13099, 2021 U.S. Dist. LEXIS 81157 (E.D. Mich. Apr. 28, 2021). Judge Sean Cox dismissed Behm from the suit for judicial immunity but allowed the suit to proceed against two of the defendants. See id. at *9.

Overall Assessment

While Behm has served on the state bench for approximately a dozen years, and as an attorney for another dozen before that, her background in probate and family law is still unusual as a path to the bench.

Nonetheless, Behm’s record as a jurist lacks any significant notes of controversy and, as such, is not likely to attract significant opposition.

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Jerry Blackwell – Nominee to the U.S. District Court for the District of Minnesota

For more than thirty years, Jerry Blackwell has been a leader in the Minneapolis legal community. The outspoken attorney has now been tapped for the federal bench.

Background

A native of Kannapolis, NC, Jerry W. Blackwell received his B.A. from the University of North Carolina Chapel Hill in 1984 and then a J.D. from the University of North Carolina Chapel Hill School of Law in 1987.

After graduation, Blackwell joined Robins Kaplan LLP in Minneapolis, serving as a partner until he moved to Nilan Johnson Lewis in 1996. In 2000, Blackwell started the firm of Blackwell Igbanugo in Edina, Minnesota. In 2006, he moved to Blackwell Burke where he currently works as a partner.

In 2015, Blackwell was named a possible candidate for the federal bench to replace Judge Michael Davis. See Randy Furst, Names Begin to Surface for New Federal Judge Post, Minneapolis Star Tribune, Jan. 3, 2015. Minnesota Supreme Court Justice Wilhemina Wright was nominated instead and confirmed.

History of the Seat

Blackwell has been nominated for a seat on the U.S. District Court for the District of Minnesota. This seat opened on December 31, 2021, when Judge Susan Richard Nelson moved to senior status.

Legal Career

While he has moved firms a few times, Blackwell has spent his entire legal career in private practice in the Minneapolis area. However, this has netted him some prominent representations, including being the attorney for Minneapolis native Prince. See Cheryl Johnson, Purple House is Demolished; Prince’s Neighbors Say They Don’t Know Why He Leveled It, Minneapolis Star Tribune, Apr. 3, 2003.

Early in his career, Blackwell represented the Government of India in suits related to the Bhopal gas explosion. See David Phelps, ‘Zealous Advocate’ Wanted to Be Lawyer From Second Grade, Minneapolis Star Tribune, Aug. 5, 2012. Later, he defended 3M against lawsuits alleging that the company’s air blowers deposited infectious bacteria in surgical incisions. See Joe Carlson, 3M Case May Alter Medical Lawsuits, Minneapolis Star Tribune, Oct. 28, 2017. Blackwell also authored a successful pardon application for Max Mason, who was convicted in 1920 for allegedly raping a white woman (whose own doctor had testified that she had not been assaulted). See Brooks Johnson, Historic Pardon in Duluth Lynching, Minneapolis Star Tribune, June 13, 2020. The conviction had also prompted the lynching of three innocent black men in Duluth. See id.

Notably, Blackwell joined the prosecution team against police officer Derek Chauvin who was charged with murdering George Floyd in 2020. See Nicholas Bogel-Burroughs, What to Know About Jerry W. Blackwell, The Prosecutor Making Opening Arguments, N.Y. Times, Mar. 29, 2021. As part of the trial, which ended in a conviction, Blackwell made opening and closing remarks.

Political Activity

Blackwell has been a frequent political donor throughout his legal career. Among the benefits of his donations are Governor Tim Walz, Attorney General Keith Ellison, and President Barack Obama.

Writings and Statements

Throughout the years, Blackwell has written and spoken frequently in the media, particularly on issues of race. In 1992, Blackwell commented regarding the acquittal of police officers charged with beating Rodney King and subsequent rioting, noting:

“When we have systems in place designed to protect people and mete out justice, and when it’s apparent that they don’t further justice, my concern is that people are left to their own devices. Self-preservation steps in at some point and you have outbreaks, resistance, throughout the country” See Mark Brunswick, Jim Walsh, Kevin Diaz, At Rallies in Twin Cities, Many Decry Injustices While Police Aim to Reassure, Minneapolis Star Tribune, May 1, 1992.

In another article, Blackwell noted his emphasis on diversity in hiring, noting that it is “good business” as it attracts clients who are “reluctant to work with a firm that was hostile to hiring people of color and women.” Deborah Caulfield Rybak, Diversity ‘Good Business’ For Black-Owned Law Firm, Minneapolis Star Tribune, Feb. 9, 2003 (quoting Jerry W. Blackwell).

As President of the Minnesota Association of Black Lawyers, Blackwell had objected to the firm of Maslon, Edelman, Borman, & Brand from joining Twin Cities Diversity in Practice, a consortium of corporations and law firms seeking to hire minority attorneys, citing the firm’s representation of white students challenging affirmative action policies at the University of Michigan. See Katherine Kersten, 2 Standards for Diversity in the Legal Fraternity, Minneapolis Star Tribune, Sept. 7, 2006.

Overall Assessment

Jerry Blackwell would come to the federal bench with extensive experience with federal practice and with the Minneapolis legal community. While his outspokenness may draw some opposition, Blackwell is still nonetheless favored to join the federal bench before the end of the year.

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Judge Gina Mendez-Miro – Nominee to the U.S. District Court for the District of Puerto Rico

One half of a judicial supercouple, Judge Gina Mendez-Miro was considered last year for appointment to the First Circuit but is now looking at a lifetime appointment to the District of Puerto Rico. It is an appointment that she is likely to get.

Background

Mendez-Miro received her B.A. magna cum laude from the University of Puerto Rico Rio Piedras Campus in 1996, a Masters in Romance Languages from Princeton University, and her J.D. from the University of Puerto Rico School of Law in 2001. After graduating, Mendez-Miro worked at O’Neill & Borges until 2006, when she joined the Puerto Rico Department of Justice. In 2008, Mendez-Miro shifted to the Office of Court Administration with the Puerto Rico judicial branch, and then served in the Legal Affairs Office until 2013.

In 2013, Mendez-Miro became Chief of Staff to the Puerto Rico Senate. In 2016, Governor Alejandro Garcia Padilla appointed Mendez-Miro to the Puerto Rico Court of Appeals, where she currently serves.

Mendez-Miro is married to Maite Oronoz Rodriguez, who serves as Chief Justice of the Puerto Rico Supreme Court.

History of the Seat

Mendez-Miro has been nominated for a vacancy on the U.S. District Court for the District of Puerto Rico. This seat opened when Judge Carmen Cerezo moved to senior status on February 28, 2021.

Legal Experience

Mendez-Miro has held a variety of legal positions throughout her career, including in private practice, government, and in the legislative branch. Early in her career, for example, she worked on defending the Puerto Rico electoral commission against a suit asserting constitutional claims arising out of the 2004 elections. See Rossello-Gonzalez v. Serra, 2005 U.S. LEXIS 52570 (D.P.R. June 27, 2005).

Later, while working as Chief of Staff to the Puerto Rico Senate, Mendez-Miro represented amici in a suit challenging Puerto Rico’s ban on gay marriage. See Conde-Vidal v. Rius-Armendariz, 2015 U.S. App. LEXIS 23042 (1st Cir. July 8, 2015).

Jurisprudence

Since 2016, Mendez-Miro has served as a Judge with the Puerto Rico Court of Appeals. In this role, Mendez-Miro served as an intermediate appellate judge reviewing trial court and agency decisions.

Because all Puerto Rico state court decisions are written in Spanish, no analysis of her opinions was conducted.

Overall Assessment

As the youngest of the trio, Mendez-Miro is arguably the most “controversial” of the nominees put forward for the District of Puerto Rico. However, even that is not saying much.

There is little in Mendez-Miro’s record that is likely to galvanize opposition, and while she, like most modern judicial nominees, will attract opposition, such opposition is unlikely to derail a smooth confirmation.

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Judge Camille Velez-Rive – Nominee to the U.S. District Court for the District of Puerto Rico

Judge Camille Velez-Rive has served as a U.S. Magistrate Judge for nearly two decades. As such, she can be considered a fairly uncontroversial selection for a federal judgeship.

Background

A Puerto Rico native, Camille Lizette Velez-Rive was born in San Juan on February 5, 1968. Velez-Rive received her B.A. from Washington University in St. Louis in 1989 and her J.D. from the University of Puerto Rico School of Law in 1993. After graduating, Velez-Rive clerked for Judge Francisco Rebollo Lopez of the Supreme Court of Puerto Rico. She then joined Pietrantoni Mendez & Alvarez in San Juan as an Associate. In 1998, she became a federal prosecutor with the U.S. Attorney’s Office for the District of Puerto Rico. She held that position until her appointment as a federal magistrate judge in 2004.

History of the Seat

Velez-Rive has been nominated for a vacancy on the U.S. District Court for the District of Puerto Rico. This seat opened when Judge Francisco Besosa moved to senior status on January 1, 2022.

Legal Experience

Velez-Rive started her legal career as a law clerk and then spent three years as an Associate in private practice. She then spent four years at the U.S. Attorney’s Office for the District of Puerto Rico, handling a wide variety of cases.

Notably, Velez-Rive handled a number of appellate matters before the First Circuit, defending the validity of convictions below. See, e.g., United States v. Hernandez-Albino, 177 F.3d 33 (1st Cir. 1999) (affirming conviction for conspiracy to possess cocaine); United States v. Rivera, 171 F.3d 37 (1st Cir. 1999) (affirming denial of motion for new trial); United States v. Morillo, 158 F.3d 18 (1st Cir. 1998) (reversing conviction for conspiracy for insufficiency of evidence); United States v. Hernandez, 146 F.3d 30 (1st Cir. 1998) (challenging sufficiency of evidence for conviction for felon in possession). She also helped brief challenges to suppression motions on appeals from the district court. See, e.g., United States v. Acosta-Colon, 157 F.3d 9 (1st Cir. 1998).

Velez-Rive later transitioned into handling civil cases, defending the federal government against claims brought under the Federal Tort Claims Act (FTCA). See, e.g., De Mangual v. United States, 131 F. Supp. 2d 263 (D.P.R. 2001). Notably, she successfully defended the federal government in a bench trial in a suit brought by a plaintiff who was injured by tripping on an uneven sidewalk. Sepulveda v. United States, 329 F. Supp. 2d 260 (D.P.R. 2004). She also, in that role, defended social security decisions. See, e.g., Cruz v. Barnhart, 265 F. Supp. 2d 173 (D.P.R. 2003); Chaparro v. Massanari, 190 F. Supp. 2d 260 (D.P.R. 2002).

Jurisprudence

Since 2004, Velez-Rive has served as a full-time U.S. Magistrate Judge with the U.S. District Court for the District of Puerto Rico. As a magistrate judge, Velez-Rive wrote reports and recommendations for substantive rulings, handled pleas and arraignments, and reviewed warrant applications.

Among the most notable cases in which she issued recommendations, Velez-Rive’s recommendation to dismiss a political discrimination case against the Mayor of San German was adopted as time-barred. See Llantin-Ballester v. Negron-Irizarry, 353 F. Supp. 2d 206 (D.P.R. 2005). By contrast, Velez-Rive denied motions to dismiss in another political discrimination case, finding that the case should move forward. Torres-Heredia v. Lopez-Pena, 708 F. Supp. 2d 148 (D.P.R. 2008).

On the criminal side, Velez-Rive recommended that a defendant’s motion for a Franks hearing should be denied for failure to offer sufficient factual support. See United States v. Perez Velasquez, 488 F. Supp. 2d 82 (D.P.R. 2006). In another case, Judge Aida Delgado-Colon concurred with Velez-Rive’s recommendation to deny a motion to suppress, finding that the defendant had been validly stopped based on reasonable suspicion. See United States v. Garcia-Robledo, 488 F. Supp. 2d 50 (D.P.R. 2007).

Velez-Rive’s rulings have generally been upheld on appeal. For example, the First Circuit upheld her grant of judgment on the pleadings to the Commonwealth of Puerto Rico in a constitutional claim involving a farmer’s tax credit program. See Perez-Acevedo v. Rivero-Cubano, 520 F.3d 26 (1st Cir. 2008).

Overall Assessment

Nominations to the District of Puerto Rico have rarely brought the same degree of partisan fervor as those to other courts. Judge Velez-Rive’s nomination is unlikely to be any different. Given her extensive experience as a federal magistrate judge, she will likely get bipartisan support.

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Maria Antongiorgi-Jordan – Nominee to the U.S. District Court for the District of Puerto Rico

Unlike magistrate and bankruptcy judges, who are frequently considered for lifetime appointments to the federal bench, it is relatively uncommon for court clerks to be appointed to the bench. As such, the nomination of Maria Antongiorgi-Jordan is a rarity: a chance for her to replace the Chief Judge she worked closely with.

Background

Maria del R. Antongiorgi-Jordan received her B.A. from Seton Hall University in 1989 and her J.D. from the Intramerican University of Puerto Rico School of Law in 1992. After graduating, Antongiorgi-Jordan earned an M. Laws from the Georgetown University Law Center and then joined McConnell Valde in San Juan.

In 2018, Antongiorgi-Jordan became Chief Deputy Clerk for the U.S. District Court for the District of Puerto Rico, becoming Chief Clerk in 2019. She currently serves in that role.

History of the Seat

Antongiorgi-Jordan has been nominated for a vacancy on the U.S. District Court for the District of Puerto Rico. This seat opened when Judge Gustavo Gelpi was elevated to the First Circuit on October 19, 2021.

Legal Experience

Antongiorgi-Jordan has spent the vast majority of her legal career, between 1995 and 2018, at McConnell Valde in San Juan. At the firm, she primarily engaged in employment litigation. For example, Antongiorgi-Jordan represented Bristol Myers Squibb in defending against a discrimination action brought by a former employee. See Dilcia Ocasio Berrios v. Bristol Myers Squibb, 73 F. Supp. 2d 171 (D.P.R. 1999). Her work has also included appellate litigation before the First Circuit, including defending a grant of summary judgment in favor of Wyeth Pharmaceuticals in a military service discrimination case. Vega-Colon v. Wyeth Pharms., 625 F.3d 22 (1st Cir. 2010).

Since 2018, Antongiorgi-Jordan has served with the clerk’s office for the U.S. District Court for the District of Puerto Rico. In this role, she worked with then Chief Judge Gelpi on the District’s plan to adjust its operations to the Covid-19 pandemic. See Federal Court Ready For Face-to-Face Cases, CE Noticias Financerias English, Mar. 12, 2021.

Overall Assessment

Nominations to the District of Puerto Rico have rarely brought the same degree of partisan fervor as those to other courts. Antongiorgi-Jordan’s nomination is unlikely to be too different. While her background as a clerk is unusual for a judicial nominee, Antongiorgi-Jordan also brings extensive litigation experience on both the trial and appellate levels to the bench, and will likely be able to hit the ground running as a federal judge.

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Judge Elizabeth Hanes – Nominee to the U.S. District Court for the Eastern District of Virginia

Judge Elizabeth Hanes is, like Biden’s last nominee to the U.S. District Court for the Eastern District of Virginia, a former federal defender and U.S. Magistrate Judge.

Background

Elizabeth Wilson Hanes received her B.A. from the University of Richmond in 2000 and her J.D. from the University of Richmond School of Law in 2007.

After graduation, Hanes clerked for Judge Joseph Goodwin on the U.S. District Court for the Southern District of West Virginia and then for Judge Robert King on the U.S. Court of Appeals for the Fourth Circuit. Hanes then spent seven years as an assistant federal public defender in the Eastern District of Virginia before joining the firm Consumer Litigation Associates, P.C.

In 2020, Hanes was appointed as a U.S. Magistrate Judge in the Alexandria Division of the U.S. District Court for the Eastern District of Virginia. She continues to serve there today.

History of the Seat

Hanes has been nominated for a seat on the U.S. District Court for the Eastern District of Virginia. This seat opened on November 1, 2021, when Judge John Gibney moved to senior status. Hanes was recommended, along with federal prosecutor Melissa O’Boyle, by Virginia Senators Mark Warner and Tim Kaine to the White House in November 2021.

Legal Experience

Outside of her clerkships, Hanes started her legal career as a federal defender in the Eastern District of Virginia. For example, Hanes represented James Edward May II, who was sentenced to thirty years in prison for production of child pornography. See Frank Green, Powhatan Man Receives 30 Years in Child Porn Case, Richmond Times Dispatch, Nov. 3, 2012. The position also allowed Hanes to argue before the U.S. Court of Appeals for the Fourth Circuit. See, e.g., United States v. Winfield, 665 F.3d 107 (4th Cir. 2012).

From 2016 to 2020, Hanes practiced civil litigation at Consumer Litigation Associates, P.C. in Newport News. Among the matters she handled there, Hanes filed an amicus brief before the Fourth Circuit on behalf of the Federal Public Defender’s Office in a case holding whether the Federal Hate Crimes Prevention Act of 2009 can be justified under Congress’ Commerce Clause power. See United States v. Hill, 927 F.3d 188 (4th Cir. 2019). The Fourth Circuit upheld the Act as a valid exercise of Congress’ Commerce power.

Jurisprudence

Hanes has served as a U.S. Magistrate Judge since 2020. In this capacity, Hanes oversees discovery, adjudicates cases where jurisdiction is consented to, and presides over settlement. She also oversees pretrial detention, and administrative appeals. See, e.g., Anthony A. v. Kijakazi, 2022 U.S. Dist. LEXIS 61087 (E.D. Va. Mar. 30, 2022) (upholding ALJ decision not to consider the VA’s 100% disability determination).

Overall Assessment

Nominees to the federal bench in Virginia have generally not attracted much opposition, regardless of the president making the appointments. In fact, not since the nomination of Judge Glen Conrad to the Fourth Circuit has a Virginia federal nominee not been confirmed. Hanes is likely to maintain that trend.

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Anne Nardacci – Nominee to the U.S. District Court for the Northern District of New York

One of the oldest judicial vacancies in the country is on the Northern District of New York, open for approximately six years. After the two prior presidents failed to fill this seat, President Biden is taking a shot with Anne Nardacci.

Background

The 45-year-old Anne M. Nardacci got her Bachelor of Arts from Georgetown University in 1998 and, after a year on the staff of Congressman Michael McNulty, went on to earn her J.D. from Cornell Law School in 2002. After law school, Nardacci spent three years at the New York office of Skadden, Arps, Slate Meagher & Flom.

In 2005, Nardacci joined the Albany office of Boies Schiller Flexner LLP, where she still works.

History of the Seat

Nardacci has been nominated to a seat on the U.S. District Court for the Northern District of New York. This seat opened on January 1, 2016, when Judge Gary Sharpe moved to senior status. While the seat opened with a year left in the Obama Administration, the Administration never extended a nominee for the vacancy and it was carried over into the Trump Administration. In October 2018, upon the recommendation of two Republican Congressmen in New York, Lee Zeldin and John Faso, President Trump nominated New York Judge Thomas Marcelle for the vacancy. Marcelle had also been nominated for a federal judgeship by President George W. Bush but was blocked by Senator Charles Schumer. Robert Gavin, Marcelle Seen in Line for Federal Judgeship, Houston Chronicle, May 4, 2018, https://www.chron.com/local/article/Marcelle-seen-in-line-for-federal-judgeship-12889507.php. This time around, Marcelle was blocked by Sen. Kirsten Gillibrand over his record on abortion, and Marcelle withdrew his nomination in August 2019. Robert Gavin and Mike Goodwin, Gillibrand Blocks Area Judge’s Nomination, Albany Times Union, Aug. 30, 2019, https://www.pressreader.com/usa/albany-times-union/20190830/281535112661040. On August 12, 2020, McAllister was nominated in a second try to fill this seat. His nomination was also not processed before the end of the Trump Administration.

In November 2021, Senate Majority Leader Chuck Schumer recommended Nardacci to fill this seat on the Northern District of New York. See Marco Poggio, Schumer Puts Forward Boies Schiller Partner for NY Court, Law360, Nov. 15, 2021. Nardacci was nominated on April 27, 2022.

Legal Experience

Nardacci has spent her entire career in private practice, starting at Skadden Arps, and then working at Boies Schiller in Albany. At Boies, Nardacci works primarily in antitrust litigation, both in defending companies, and on the affirmative side, working as outside counsel in state investigations and enforcement actions.

The notable cases that Nardacci participated in include antitrust litigation over cathode ray tubes in the Northern District of California. See In re Cathode Ray Tube Antritrust Litig. (N.D. Cal.) In another notable case, Nardacci represented AngioDynamics, a medical device manufacturer, in a suit alleging anticompetitive behavior by C.R. Bard, a rival company. See Caitlin Stefanik, AngioDynamics Lawsuit Alleges C.R. Bard is Violating Antitrust Laws, Harming Competition and Limiting Access, Financial Buzz, May 31, 2017. An attempt by C.R. Bard to dismiss the lawsuit for failure to state a claim was denied by Judge Brenda Sannes. See AngioDynamics, Inc. v. C.R. Bard, Inc., 1:17-cv-00598 (N.D.N.Y. Aug. 8, 2018) (J. Sannes).

Additionally, Nardacci represented a debtor in a class action lawsuit regarding whether the discharge provisions of the Bankruptcy Code conflict with the Federal Arbitration Act. See Vince Sullivan, High Court Won’t Hear Bank’s Bid to Arbitrate Ch. 7 Debt, Law360, Mar. 8, 2021. The suit ended in a Second Circuit judgment in the debtor’s favor and a denial of certiorari by the Supreme Court. See id.

Political Activity

Nardacci has been a frequent political donor, having given to the Presidential campaigns of Obama and Biden, as well as the Senate campaign of Senator Kirsten Gillibrand.

Overall Assessment

As a commercial and antitrust litigator, Nardacci has attracted little controversy over her career. Barring the unexpected, she should see a comfortable confirmation before the end of the year.

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Ana Reyes – Nominee to the U.S. District Court for the District of Columbia

Williams & Connolly Partner Ana Reyes, nominated for the federal district court in D.C., would be the first Hispanic woman and the first LGBTQ judge on the District of D.C.

Background

Born in Uruguay, Ana Reyes received her B.A. from Transylvania University in 1996 and then spent a year organizing against California Proposition 209 (which barred affirmative action in public employment) before joining Harvard Law School for her J.D.

After graduating, Reyes clerked for Judge Amalya Kearse on the U.S. Court of Appeals for the Second Circuit and then joined the D.C. office of Williams & Connolly, where she currently works as a Partner.

History of the Seat

The seat Reyes has been nominated for will open upon the move of Judge Colleen Kollar-Kotelly to senior status.

Legal Experience

Other than her position as a clerk, Reyes has spent her entire career at Williams & Connolly, where she works in civil litigation and arbitration. Reyes has notably worked on a number of international disputes, including representing Spain in a dispute over the withdrawal of economic incentives for renewable projects. See Clark Mindock, Spain Wins Pause of $66M Energy Investor Award, Law360, Apr. 1, 2021.

In other matters, Reyes was part of the legal team challenging the Trump Administration’s restrictions on refugees entering the United States through ports of entry. See O.A. v. Trump, 2018 U.S. Dist. LEXIS 242294 (D.D.C. Nov. 20, 2018); see also Court Strikes Down Trump Administration Policy Barring Refugees From Asylum, States News Service, Aug. 2, 2019. Reyes has also been active in asylum representation on a pro bono basis, including the representation of three African women fleeing genital mutilation in Guinea. See African Women Win Appeal to Deportation, Washington Informer, July 10, 2008.

Statements and Writings

In 2011, Reyes authored an article discussing her experiences working with a family that was seeking to escape torture and mutilation in their home country. See Ana C. Reyes, Representing Torture Victims and Other Asylum Seekers, 37 Litigation 23 (Summer 2011). Reyes closed the piece by noting that representing torture victims and asylum seekers was a way for lawyers “to fundamentally change lives.” Id. at 27.

Overall Assessment

While Reyes’ background in international arbitration and civil litigation is unlikely to draw much fire as a judicial nominee, some senators may look askance at her suits against the Trump Administration. As such, while Reyes is favored for the bench, she may nonetheless have a rocky road to confirmation.

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Judge Stephen Locher – Nominee to the U.S. District Court for the Southern District of Iowa

Judge Stephen Locher served as a criminal defense attorney and a federal prosecutor for nearly two decades before becoming a federal magistrate judge last year. Now, Locher has been nominated for a lifetime judgeship on the U.S. District Court for the Southern District of Iowa with the support of his home-state Republican senators.

Background

A native Iowan from Mason City, Stephen Henley Locker was born in 1978. Locher received a B.A. magna cum laude from Notre Dame University in 2000 and a J.D. from Harvard Law School in 2003.

After graduating law school, Locher clerked for Judge John Gibson on the U.S. Court of Appeals for the Eighth Circuit. Locher then spent four years in Chicago at Goldberg Kohn as an Associate before joining the U.S. Attorney’s Office for the Southern District of Iowa in 2008.

In 2013, Locher became a Partner at Belin McCormick P.C. in Des Moines. He maintained that role until 2020 when he was selected as a U.S. Magistrate Judge for the Southern District of Iowa, where he currently serves.

History of the Seat

The seat Locher has been nominated for opened on March 18,, 2022, with Judge John Jarvey’s retirement. Locher applied to a screening committee formed by Senators Chuck Grassley and Joni Ernst and was recommended to the White House in February 2022. Locher was formally nominated on April 25, 2022.

Legal Experience

After his clerkship, Locher’ first legal position was as an Associate at Goldberg Kohn P.C. in Chicago. In 2008, Locher was hired to be an Assistant U.S. Attorney (AUSA) with the U.S. Attorney’s Office for the Southern District of Iowa. In the office, Locher helped prosecute Rumeal Robinson, a former University of Michigan NCAA player. Robinson was convicted of defrauding a bank through a fraudulent loan and was sentenced to six and a half years in prison. See Tom Witosky, Prison Time for U-M Hero, Detroit Free Press, Jan. 8, 2011.

From 2013 to 2020, Locher was a Partner with Belin McCormick, P.C., working alongside Iowa Supreme Court Justice Matthew McDermott. The pair represented Sholom Rubashkin, the CEO of Agriprocessors, a kosher slaughterhouse and meatpacking plant that had allegedly hired thousands of illegal aliens. See Rubashkin v. United States, 2017 U.S. Dist. LEXIS 11694 (N.D. Iowa Jan. 26, 2017). Rubashkin’s prosecution drew particular concern due to the participation of Judge Linda Reade (who eventually presided over the case) in a highly controversial raid of the Agriprocessor plant.

Jurisprudence

Locher has served as a U.S. Magistrate Judge on the U.S. District Court for the Southern District of Iowa since 2021. Among the matters he has handled during his short tenure, Locher granted in part a defendant’s motion to amend the conditions of release, allowing him to communicate with his wife on matters unrelated to the case before him. See United States v. Martinez, 2021 U.S. Dist. LEXIS 179162 (S.D. Iowa Sept. 13, 2021). In another matter, Locher granted in part a plaintiff’s motion to file a third amended complaint in a suit involving life insurance sales. See Meardon v. Register, 2022 U.S. Dist. LEXIS 13261 (S.D. Iowa Jan. 21, 2022).

Overall Assessment

As a federal magistrate judge with experience both in private practice and as a federal prosecutor, Locher is a relatively uncontroversial choice for the bench. Furthermore, Locher has a powerful champion in Senate Judiciary Committee Ranking Member Chuck Grassley. As such, the odds look fairly good for a prompt confirmation for Locher.

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