Judge Jeffery Hopkins – Nominee to the U.S. District Court for the Southern District of Ohio

Judge Jeffery Hopkins has served as a federal bankruptcy judge in Ohio for twenty-five years and is now poised to gain a lifetime appointment to the district court bench.

Background

Born in Georgia, Jeffery Hopkins was drawn to the law because an uncle, Robert Hall, was murdered by Georgia sheriff Claude Screws while trying to execute an arrest. Screws’ conviction was later overturned by the U.S. Supreme Court. See Screws v. U.S., 325 U.S. 91 (1945). Hopkins subsequently received a B.A. from Bowdoin College in 1982 and his J.D. from the Ohio State University Moritz College of Law in 1985. After graduation, Hopkins was hired as a clerk by Judge Alan Norris on the Ohio Court of Appeals. When Norris was appointed by President Reagan to the U.S. Court of Appeals for the Sixth Circuit the following year, Hopkins followed him as a clerk on that court.

Subsequently, Hopkins spent three years at Squire Sanders & Dempsey LLP (now Squire Patton Boggs) before joining the U.S. Attorney’s Office for the Southern District of Ohio.

In 1996, Hopkins was appointed to be a U.S. Bankruptcy Judge, and has served as such ever since.

In 2009, Hopkins was recommended to replace Judge Sandra Beckwith on the U.S. District Court for the Southern District of Ohio, alongside U.S. Magistrate Judge Timothy Black and Montgomery County Court of Common Pleas Judge Mary Wiseman. See Jessica Wehrman and Steve Bennish, Wiseman Finalist for Bench; Sen. Sherrod Brown Will Meet With Her, Two Others Before Recommending His Choice For Federal Court Vacancy, Dayton Daily News, June 26, 2009. However, the Obama Administration nominated and appointed Black instead after he was the final choice of Ohio senators.

History of the Seat

Hopkins has been nominated for a seat on the U.S. District Court for the Southern District of Ohio. This seat was vacated on May 18, 2022, when Judge Timothy Black moved to senior status. Hopkins applied with a selection commission put together by Ohio Senators Sherrod Brown, a Democrat, and Rob Portman, a Republican and was recommended to the White House by the senators. He was nominated on July 29, 2022.

Legal Experience

After clerking for Judge Norris on the state and federal benches, Hopkins joined the Cincinnati office of Squire Sanders & Dempsey LLP (now Squire Patton Boggs), where he represented the Bexley City School District in fighting a teacher’s suit seeking a continued teaching contract. See State ex rel. Fraysier v. Bexley City Sch. Bd. of Educ., 583 N.E.2d 1000 (Ohio App. 1989).

Hopkins then shifted to the U.S. Attorney’s Office, where he worked in the Civil Division. Hopkins would become Chief of the Civil Division by March 1993. Among the cases he handled there, Hopkins represented the government in bankruptcy matters. See, e.g., In re Ernst & Young, Inc., 129 B.R. 147 (S.D. Ohio Bankr. 1991).

Jurisprudence

Since 1996, Hopkins has served as a U.S. Bankruptcy Judge on the U.S. District Court for the Southern District of Ohio, which covers much of Southern Ohio. In that capacity, Hopkins reviews federal bankruptcy filings and proceedings.

Among the cases he handled, Hopkins approved the sale of Cambridge Eye Associates and Douglas Vision Worlds, two Cincinnati based vision companies to Davis Vision Inc., a New York based company. See Ben Fidler, Davis Vision Wins Sight Resource, The Deal, Apr. 12, 2005.

Among his notable rulings, Hopkins allowed Troulies Ledbetter to discharge one of his student loans through the bankruptcy process, finding that it imposed an undue hardship. See In re Ledbetter, 254 B.R. 714 (S.D. Ohio Bankr. 2000). However, he declined to discharge a second loan that Ledbetter held, finding it ineligible for discharge. See id. at 717. In another ruling, Hopkins permitted the discharge of an obligation to hold a spouse harmless on joint debts, finding that it did not constitute a non-dischargeable award of alimony. See Davis v. Davis, 261 B.R. 659 (S.D. Ohio Bankr. 2001).

Overall Assessment

Recommended for the federal bench by Ohio’s bipartisan duo of senators, Hopkins should see little trouble with a comfortable confirmation. If Hopkins is not confirmed this Congress however, the election of a new senator to replace Portman in Ohio may complicate his path to the bench.

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Judge Daniel Calabretta – Nominee to the U.S. District Court for the Eastern District of California

Having filled two vacancies on the U.S. District Court for the Eastern District of California, Biden is now seeking to fill the last with state judge Daniel Calabretta, who would be, if confirmed, the first LGBTQ judge on the Eastern District’s bench.

Background

Born Daniel Joe Powell, Calabretta received a B.A. from Princeton University in 2000 and a J.D. from the University of Chicago Law School in 2003. He then clerked for Judge William Fletcher on the U.S. Court of Appeals for the Ninth Circuit and then for Justice John Paul Stevens on the U.S. Supreme Court. His class on the Supreme Court that session included future federal judges Julius Richardson (Rehnquist) and Martha Pacold (Thomas). After his clerkships, Calabretta joined Munger, Tolles & Olson as an associate. In 2008, Calabretta joined the California Attorney General’s Office under Jerry Brown and then joined Brown’s gubernatorial staff in 2013.

In 2018, Brown named Calabretta to the Sacramento County Superior Court, where he has served since.

History of the Seat

Calabretta has been nominated to the U.S. District Court for the Eastern District of California, to a seat vacated on April 27, 2022 by Judge John Mendez.

Legal Experience

Calabretta started his legal career as a law clerk on the Ninth Circuit and the U.S. Supreme Court but then spent three years at Munger Tolles and Olson, a firm that has produced numerous federal judges, including Ninth Circuit Judges Paul Watford, John Owens, Michelle Freidland, Dan Collins, and Gabriel Sanchez, as well as Justice Brett Kavanaugh.

Calabretta subsequently spent five years at the California Attorney General’s Office. During that time, Calabretta represented the Attorney General’s office in the suit challenging California’s ban on same sex marriage. See Perry v. Schwarzenegger, 630 F.3d 909 (9th Cir. 2011). He also represented the state in a lawsuit regarding the funding and construction of a state prison hospital. See Rich Saskal, Receiver Offers California Break In Prison Health Care Lawsuit, The Bond Buyer, Oct. 7, 2008. Calabretta also argued before the Ninth Circuit in this role, defending California’s practice of collecting DNA samples from those facing felony charges. See Paul Elias, Calif. AG Defends DNA Samples from Felony Arrestees, A.P. State & Local Wire, July 13, 2010.

Finally, Calabretta spent five years working for Governor Jerry Brown as deputy legal affairs secretary before his appointment to the bench.

Jurisprudence

Since 2018, Calabretta has served as a Superior Court judge in Sacramento County. In this role, she presides over civil, criminal, and domestic cases. Calabretta currently serves as presiding judge on the Juvenile Court.

Writings and Statements

While at Munger, Calabretta co-authored a regular column with fellow Munger lawyers and Supreme Court clerks Friedland (O’Connor), Jeff Bleich (Rehnquist), and Aimee Feinberg (Breyer) discussing the Supreme Court. For example, one column from 2007 discusses the lack of cameras at the Supreme Court, suggesting changes that the Court can take to be more accessible such as releasing oral argument recordings on the same day of the argument (the Supreme Court currently releases transcripts the same day and audio at the end of the week). See Jeff Bleich, Michelle Freidland, Aimee Feinberg, and Daniel Powell, Supreme Court Watch: A Court Without Cameras, 33 San Francisco Att’y 52 (Winter 2007).

In another column, the foursome discuss the jurisprudence of Justice John Paul Stevens, describing him as “independent and hard to categorize politically.” See Jeff Bleich, Michelle Freidland, Aimee Feinberg, and Daniel Powell, Supreme Court Watch: John Paul Stevens – An Independent Voice, 33 San Francisco Att’y 44 (Spring 2007).

In a notable column, the authors discuss Chief Justice Roberts’ commitment to precedent, noting: “In a series of high-profile decisions this term, the Court expressed continued respect for precedents while effectively overruling them or limiting them to their narrow facts.” Jeff Bleich, Michelle Freidland, Aimee Feinberg, and Daniel Powell, Supreme Court Watch: Stealth Overrulings – Overturning Precedent Without Saying So, 33 San Francisco Att’y 43 (Fall 2007). The column goes on to discuss a number of rulings that go against prior precedent, without expressly overruling them, including the Gonzales v. Carhart decision that upheld a ban on “partial-birth abortion” seven years after the Court overruled such a ban in Stenberg v. Carhart.

Overall Assessment

The Eastern District of California has consistently been one of the most overworked courts in the country, and one desperately in need of new judges. As such, Calabretta’s nomination is likely welcome news to the court’s judges. Furthermore, Calabretta brings to the job both lawyerly and judicial experience and would likely be deemed to be well qualified for the bench.

However, Calabretta’s biggest enemy in his confirmation this Congress is time. As he is on the agenda for a Judiciary hearing this week, he should be able to be confirmed before the end of the year. If he is not, his fate depends on the composition of the new Senate.

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Judge Rita Lin – Nominee to the U.S. District Court for the Northern District of California

San Francisco County Superior Court Judge Rita Lin would, if confirmed, be the first Chinese American woman on the U.S. District Court for the Northern District of California.

Background

Lin got her B.A. from Harvard University in 2000 and her J.D. from the Harvard Law School in 2003. After graduating, Lin clerked for Judge Sandra Lynch on the U.S. Court of Appeals for the First Circuit and then joined the San Francisco office of Morrison & Foerster. In 2014, she became an Assistant U.S. Attorney with the U.S. Attorney’s Office for the Northern District of California.

In 2018, Governor Jerry Brown appointed Lin to the San Francisco County Superior Court, where she has served since.

History of the Seat

Lin has been nominated to the U.S. District Court for the Northern District of California, to a seat vacated on May 17, 2022, by Judge Edward Chen.

Legal Experience

Lin started her legal career at the San Francisco office of Morrison & Foerster. Among the matters she handled at the firm, Lin represented Karen Golinski in a suit to seek spousal benefits for her wife. See Pam Spaulding, Lambda Legal Sues U.S. OPM on Behalf of Fed Lesbian Employee Whose Wife Was Denied Insurance, Pam’s House Blend, Jan. 20, 2010. The suit ended in Judge Jeffrey White ruling that the Defense of Marriage Act was unconstitutional, which was echoed by the U.S. Supreme Court in U.S. v. Windsor. See Aaron Kase, Defense of Marriage Act Thrown Out By Supreme Court, Lawyers.com, June 26, 2013.

From 2014 to 2018, Lin worked as a federal prosecutor in the Northern District of California. In this position, Lin prosecuted Melinda Van Horne for environmental damage to federal lands from her cultivation of marijuana, ending with Van Horne pleading guilty and receiving a 12 month prison sentence. See Whitehorn Woman Sentenced to 12 Months Imprisonment for Environmental Damage from Marijuana Grow on National Conservation Land, States News Service, Aug. 3, 2016.

Jurisprudence

Since 2018, Lin has served as a judge on the San Francisco County Superior Court. In this role, Lin presides over trial court matters in criminal, civil, family, and other state law matters. Lin also presides over preliminary hearings that see if sufficient evidence exists to proceed on felony charges. See, e.g., Adam Ruthenbeck, Deterring Theft By Encouraging It, The People’s Vanguard of Davis, Oct. 7, 2019 (noting that Judge Lin found probable cause for bike theft charges).

Statements and Writings

Lin has sometimes made media statements regarding the law and policy. For example, as an undergraduate student, she supported a protest against clothing company Guess? due to the conditions the clothes were manufactured in. See Breezy Tollinger, Harvard Students Protest Labor Conditions at Guess?, University Wire, Sept. 25, 1998.

Overall Assessment

With experience on both the civil and criminal side, as well as time on the bench, Lin would, despite her youth, be deemed qualified for a federal judicial appointment. Lin may draw opposition based on her pro bono representations with Lambda Legal but, if she gets a hearing this Congress, Lin should be confirmed by the end of the year.

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Araceli Martinez-Olguin – Nominee to the U.S. District Court for the Northern District of California

Civil rights attorney Araceli Martinez-Olguin is the first non-judge that Biden has tapped for the U.S. District Court for the Northern District of California.

Background

Born in 1977 in Mexico City, Mexico, Martinez-Olguin attended Princeton University and the University of California, Berkeley Law School. After graduating, Martinez-Olguin spent two years clerking for Judge David Briones on the U.S. District Court for the Western District of Texas. She then joined the American Civil Liberties Union Foundation (ACLU), working in the Women’s Rights Project based in New York City.

Martinez-Olguin then moved to San Francisco to become a staff attorney at Legal Aid at Work. After three years there, Martinez-Olguin returned to New York to work at the ACLU, this time with the Immigrants’ Rights Project.

Martinez-Olguin then spent a year apiece at the Office of Civil Rights with the U.S. Department of Education and as managing director of the Immigrants’ Rights Project of Community Legal Services in East Palo Alto before joining the National Immigration Law Center, where she works as Supervising Attorney.

History of the Seat

Martinez-Olguin has been nominated to the U.S. District Court for the Northern District of California, to a seat vacated on February 1, 2021, by Judge Jeffrey White.

In March 2021, Martinez-Olguin applied and interviewed for a federal judgeship with selection committees set up by California’s Democratic Senators Dianne Feinstein and Alex Padilla. In January 2022, Martinez-Olguin interviewed with the White House and was selected as a nominee in August 2022. Martinez-Olguin was nominated on August 1, 2022.

Legal Experience

While Martinez-Olguin has spent her career among many different organizations, her role in all of them has been fairly consistent, as a civil rights lawyer.

Martinez-Olguin started her career working on women’s rights. Notably, she represented Jessica Lenahan, who sued in the Inter-American Commission on Human Rights, noting that the failure of law enforcement to enforce a domestic violence protective order against her abusive husband (who ended up abducting and murdering her daughters) violated her human rights. See Joy Resmovits, Columbia U. Law School Defends Human Rights, University Wire, Mar. 26, 2008. Subsequently, at the Legal Aid Society, Martinez-Olguin worked on employment law, representing Hani Khan, who sued Abercrombie & Fitch, alleging that she was not hired because she wore a hijab. See Jason Dearen, Muslim Woman Sues Abercrombie & Fitch, Says Company Fired Her For Refusing to Remove Headscarf; Muslim Woman Sued Abercrombie & Fitch Over Hijab, Canadian Press, June 27, 2011.

As her career moved on, Martinez-Olguin primarily worked on immigrants’ rights. Notably, she represented a class of Latino workers at a meatpacking plant who alleged that federal agents targeted them during a 2018 raid of the plant. See Jennifer Doherty, Too Late to Add IRS Agents to ICE Raid Suit, Feds Say, Law360, Dec. 1, 2021. The suit is ongoing.

Writings and Statements

In her role as an attorney, Martinez-Olguin has frequently given media statements in relation to her legal activities. See, e.g., Joy Resmovits, Columbia U. Law School Defends Human Rights, University Wire, Mar. 26, 2008 (quoting Araceli Martinez-Olguin) (“Jessica Lenahan was forced to turn to an international body because the U.S. justice system failed to provide her with even a bare modicum of justice.”). On one occasion, Martinez-Olguin described school districts who required teachers with accents to undergo speech improvements as “discrimination.” See Marc Lacey, In Arizona, Complaints that an Accent Can Hinder a Teacher’s Career, N.Y. Times, sept. 25, 2011.

As a law student, Martinez-Olguin described the distinction between law and policy in judicial rulings, noting:

“…I was later also shocked by the way the judges distanced themselves from the ability to influence public policy. At the time, the line the judges drew between themselves and Congress made sense to me. After all, I’d spent the entire first semester learning about the formalistic way in which the law is created. Yet more time in law school and reflection about the trip has made me skeptical about questions of policy and politics not entering the mix when judges rule.” See Araceli Martinez-Olguin, Raising the Bar: Latino and Latina Presence on the Judiciary and the Struggle for Representation: Student Reflections on Grutter v. Bollinger: Redefining Moment, 13 La Raza L.J. 109 (Spring 2002).

Overall Assessment

Unlike the other sitting judges that California senators have recommended for the federal bench, Martinez-Olguin brings a different perspective as a nominee. That being said, her nomination is nonetheless likely to be extremely controversial. Martinez-Olguin will draw opposition not only due to her work as a civil rights attorney but because, as a law student, she herself advocated for blurring the distinction between law and policy, allowing opponents to argue that she sees herself as an advocate, even when she is on the bench.

That being said, if Democrats remain united, they should be able to discharge Martinez-Olguin and confirm her by the end of the year.

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Julia Kobick – Nominee to the U.S. District Court for the District of Massachusetts

Julia Kobick, who currently works with the Massachusetts Solicitor General’s Office, brings a star-studded resume to her appointment to the federal bench.

Background

Kobick received a B.A. from Harvard University in 2005, and then obtained a J.D. from Harvard Law School in 2010.

After graduation, Kobick clerked for Judge Dennis Saylor on the U.S. District Court for the District of Massachusetts, for Judge Michael Chagares on the U.S. Court of Appeals for the Third Circuit, and then for Justice Ruth Bader Ginsburg on the U.S. Supreme Court.

Kobick subsequently joined the Massachusetts Attorney General’s Office, serving as Deputy Attorney General until 2021, when she became Deputy State Solicitor for the state.

History of the Seat

Kobick has been nominated for a seat on the U.S. District Court for the District of Massachusetts opened by Judge William Young’s move to senior status on July 1, 2021.

Legal Career

After her clerkships, Kobick has spent her entire legal career with the Massachusetts Attorney General’s Office, serving both as deputy attorney general and the deputy state solicitor. Early in her time with the office, Kobick defended a statute authorizing involuntary commitment orders for those with serious alcoholism and substance abuse disorders. See, In the Matter of G.P., 40 N.E.3d 989 (Mass. 2015).

Among the notable matters she handled there, Kobick sued the Trump Administration for its rollback of the Affordable Care Act’s contraceptive coverage mandate. See AG Healey Sues the Trump Administration for Roll Back of Contraceptive Coverage Mandate, States News Service, Oct. 6, 2017. Kobick was also part of the legal team defending Massachusetts’ “Right to Repair” law, which mandates access to car diagnostic and repair systems. See Chris Vilani, ‘Irritated’ Judge Nearing Verdict on Mass. Car Data Law, Law360, Feb. 2, 2022. Kobick also defended Massachusetts’ mask mandate during the pandemic. See Brian Dowling, End of Mask Order Moots Legal Challenge, Mass. Justices Say, Law360, May 2, 2022.

Writings and Statements

Kobick has authored a number of articles discussing and analyzing the law. As a law student, Kobick discussed a finding of an “intent to discriminate” in challenging facially neutral laws under the Equal Protection Clause. See Julia Kobick, Discriminatory Intent Reconsidered: Folk Concepts of Intentionality and Equal Protection Jurisprudence, 45 Harv. C.R.-C.L. L. Rev. 517 (Summer 2010). In the paper, Kobick suggests broadening the analysis of intentionality to include considerations of the foreseeability that facially neutral laws might cause harm to particular groups. See id. at 562.

Kobick also addressed the intentionality of actions and the moral implications thereof in another article she co-authored. See Julia Kobick and Joshua Knobe, Symposium: Is Morality Universal, and Should the Law Care?: Interpreting Intent: How Research on Folk Judgments of Intentionality Can Inform Statutory Analysis, 75 Brooklyn L. Rev. 409 (Winter 2009). In this piece, Kobick discussed intentionality in the context of environmental liability when an actor does not intend the negative impacts of their actions but is aware that such impacts are likely to occur. See id. at 412. In the context of a recent Supreme Court decision, Kobick suggests incorporating folk understandings of morality in determining intentionality. Id. at 431.

Kobick also authored a paper as a law student recommending that the Food and Drug Administration use “negotiated rulemaking,” a form of rulemaking that involves early buy-in from stakeholders (as opposed to notice-and-comment rulemaking, which has stakeholders submit comments after a proposed rule has already been drafted) to formulate rules and regulations. See Julia Kobick, Negotiated Rulemaking: The Next Step in Regulatory Innovation at the Food and Drug Administration?, 65 Food Drug L.J. 425 (2010).

Political Activity

Kobick’s campaign donations include contributions to Secretary of Transportation Pete Buttegieg and to Healey.

Overall Assessment

Having clerked for Justice Ginsburg and with a long record of advocacy on behalf of the Massachusetts Attorney General’s office, Kobick presents a mirror image to the youthful Clarence Thomas clerks that President Trump frequently nominated to the federal bench. If Kobick is able to squeeze through the Senate calendar, she will likely be strongly considered for elevation to the First Circuit or beyond.

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Judge Myong Joun – Nominee to the U.S. District Court for the District of Massachusetts

Boston municipal judge Myong Joun has been tapped for elevation to the federal bench.

Background

Joun received a B.A. from the University of Massachusetts Boston in 1994, and then obtained a J.D. from Suffolk University School of Law in 1999.

After graduation, Joun joined Howard Friedman P.C. In 2007, he became a solo practitioner in Boston, Massachusetts.

In 2014, Joun was nominated by Governor Deval Patrick to be a Judge on the Boston Municipal Court, where he currently serves.

History of the Seat

Joun has been nominated for a seat on the U.S. District Court for the District of Massachusetts opened by Judge George O’Toole’s move to senior status on January 1, 2018. Due to an inability to reach an agreement on candidates with Massachusetts Senators, the Trump Administration never extended a nominee to fill the vacancy.

Legal Career

After law school, Joun started his legal career at the firm of Howard Friedman. Among the matters he handled there, he was part of the legal team representing Danny Norris, who won a jury trial after being placed under arrest after yelling at an officer for illegally parking. See Norris v. Murphy, 287 F. Supp. 2d 111 (D. Mass. 2013). He also represented Neil Miller, who sued municipal officials after being wrongfully convicted and imprisoned for rape. See Miller v. City of Boston, 297 F. Supp. 2d 361 (D. Mass. 2003). Joun also handled appeals, arguing on behalf of an inmate seeking disability accommodations before the Massachusetts Supreme Judicial Court. See Shedlock v. Dep’t of Corr., 818 N.E.2d 1022 (Mass. 2004).

From 2007 to 2014, Joun worked as a solo practitioner. His work during this time consisted of civil rights litigation, including a class action suit alleging overtime and pay violations against a chinese restaurant. See Jon Chesto, Quincy Workers Sue Eatery, Cite Unpaid Hours; Chinese Restaurant in Brockton Denies Charges, The Patriot Ledger, Sept. 16, 2009. He also represented Shaun Joseph, who was protesting Donald Rumsfeld, when he was arrested and charged with assault and battery against an officer (the charges were dismissed after a video exonerated him). See Edward Mason and Tom Mashberg, The Complaint Jar Runneth Over, Boston Magazine, April 2014.

Jurisprudence

Since 2014, Joun has served on the Boston Municipal Court, a trial court that has jurisdiction over both criminal and civil cases.

Among the notable matters that he heard as a judge, Joun presided over the assault trial of Tajanetta Downing, who fatally injured a 72 year old woman by shoving her to the ground. See Charlene Adams, ‘Ghostbusters’ Cameraman Helps Cops Find Woman Who Fatally Pushed 72-Year-Old Grandmother to the Ground, Daily Mail, July 10, 2015.

Political Activity

Joun’s political history consists largely of donations to Patrick and to the Massachusetts Democratic Party.

Overall Assessment

A civil rights attorney turned state judge, Joun falls within the mainstream of Democratic appointees to the federal bench. While he is likely to have limited crossover support, Joun is favored to join the bench if he can get a hearing before the end of the year.

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Judge Todd Edelman – Nominee to the U.S. District Court for the District of Columbia

In 2016, D.C. Superior Court Judge Todd Edelman was nominated for a federal judgeship on the U.S. District Court for the District of Columbia but was not processed by the Republican-controlled Senate. Today, Edelman faces a short window for confirmation before the end of the Congress.

Background

Born January 16, 1968 in St. Louis Missouri, Todd Eric Edelman graduated cum laude from the Yale University in 1990 and then received his J.D. from the N.Y.U. School of Law in 1994.

After graduating, Edelman clerked for Judge William Bryant on the U.S. District Court for the District of Columbia before joining the Georgetown University Law Center as a E. Barrett Prettyman Fellow. Edelman then joined the Public Defender Service for the District of Columbia.

In 2005, he joined Bredhoff & Kaiser PLLC and in 2008, became a visiting associate professor at the Georgetown University Law Center. He was appointed by President Obama to the D.C. Superior Court in 2010.

On April 28, 2016, Edelman was nominated by President Barack Obama to become a U.S. District Judge on the U.S. District Court for the District of Columbia, replacing Judge Richard Roberts. However, his nomination was not processed by the U.S. Senate, which was then under Republican control, and after President Donald Trump was elected, he filled the vacancy with Carl Nichols.

History of the Seat

The seat Edelman has been nominated for opens with the elevation of Judge Florence Pan to the U.S. Court of Appeals for the D.C. Circuit.

Legal Experience

Edelman started his legal career as a clerk to Judge William Bryant on the U.S. District Court for the District of Columbia. Edelman then spent two years at the Georgetown University Law Center, where he worked in their Criminal Justice Clinic.

Starting in 1997, Edelman spent eight years as a public defender in Washington D.C., representing indigent defendants in approximately 30 to 35 jury trials, among other proceedings. Notably, Edelman represented a defendant in his second murder trial in Washington D.C., which concluded with an acquittal on the primary charge of murder. See Benn v. United States, 978 A.2d 1257 (D.C. 2009) (reversing convictions on lesser offenses). He was also trial counsel for a defendant in an assault to commit murder case, in which he objected to the peremptory strikes of all black females from the venire under Batson v. Kentucky. See Robinson v. United States, 878 A.2d 1273 (D.C. 2005). A subsequent appeal led to a ruling of first impression reversing the conviction. See id.

Edelman entered private practice in 2005, working primarily on complex civil litigation. For example, Edelman represented a class of employees who had been forced to drop out of their company health plan due to a dramatic premium rise in a class action against their employer. See Fields v. Lyon Workspace Products et al., Case No. 1:07-cv-6894 (N.D. Ill.) (Lefkow, J.).

Judicial Experience

Since his confirmation in 2010, Edelman has served as a Judge on the D.C. Superior Court. He started his time in the court on the Civil docket, but has since served on the Domestic Violence and Criminal dockets as well.

Notably, while on the civil docket, Edelman presided over a contract dispute between the American Thoracic Society and the American Cancer Association, mediating the dispute to a settlement before trial. See American Thoracic Society v. American Cancer Association, 2009 CA 4543 (D.C. Super. Ct. Dec. 10, 2015). On the criminal side, he presided over the trial of a man alleged to be the “Petworth serial stabber”, which ended in the defendant’s acquittal of all charges. See United States v. Jones, 2013 CF3 10586 (D.C. Super. Ct. June 2, 2015).

Overall Assessment

In 2010, Todd Edelman was smoothly confirmed to the D.C. Superior Court. Subsequently, in 2016, his nomination to the federal bench stalled and remained unconfirmed. This time around, Edelman’s biggest enemy is the clock. With limited time on the Senate’s calendar before the end of the Congress, it remains unclear if Edelman’s nomination will receive a hearing in time. If he is not processed and control of the Senate flips in November, Edelman risks seeing a repeat of his 2016 nomination failure.

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Lindsay Jenkins – Nominee to the U.S. District Court for the Northern District of Illinois

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

Cooley Partner Lindsay Jenkins has spent the past fifteen years practicing in Northern Illinois and brings extensive experience with criminal law to the federal bench.

Background

Lindsay Carole Jenkins graduated from Miami University in 1998 and got a J.D. summa cum laude from Cleveland-Marshall College of Law in 2002.

After graduation, Jenkins clerked for Judge Solomon Oliver on the U.S. District Court for the Northern District of Ohio. She then joined Jones Day as an associate. Jenkins then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2006. In 2021, she became a Partner at Cooley LLP, where she currently serves.

History of the Seat

Jenkins has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened on September 7, 2022, upon the elevation of Judge John Lee to the U.S. Court of Appeals for the Seventh Circuit.

Legal Career

Jenkins started her legal career at the Cleveland office of Jones Day. While there, Jenkins represented Tobias Valencia in a postconviction challenge to his conviction for conspiracy to distribute methamphetamine. United States v. Valencia, 188 Fed. Appx. 395 (6th Cir. July 17, 2006). The Sixth Circuit denied relief for her client. See id. at 403.

From 2006 to 2021, Jenkins worked as a federal prosecutor. In that role, Jenkins represented the United States before the Northern District of Illinois in criminal prosecutions. See, e.g., United States v. Yihao Pu, 15 F. Supp. 3d 846 (N.D. Ill. 2014). She also represented the government on appeal. See, e.g., United States v. Serfling, 504 F.3d 672 (7th Cir. 2007).

Among the matters she argued before the Seventh Circuit, Jenkins successfully defended a federal law criminalizing enticing a minor to perform a sexual act against a constitutional challenge. See United States v. Cote, 504 F.3d 682 (7th Cir. 2007). She also defended the denial of postconviction relief to a defendant sentenced by a jury in which a juror was absent for a day of deliberation. See Webster v. United States, 667 F.3d 826 (7th Cir. 2011).

Overall Assessment

With extensive experience as a federal prosecutor and in private practice, Jenkins should have little trouble through the confirmation process.

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Judge James Simmons – Nominee to the U.S. District Court for the Southern District of California

The U.S. District Court for the Southern District of California has brought in four new judges since President Biden came to office. Biden is hoping to make it six with the nominations U.S. Magistrate Judge Andrew Schopler and San Diego County Superior Court Judge James Simmons.

Background

A Los Angeles native, James Edward Simmons Jr. received a B.A. from the University of California Berkeley in 2001 and a J.D. from the Golden Gate University School of Law in 2004. After a year in the San Diego City Attorney’s Office, Simmons worked as a state prosecutor in San Diego for eleven years.

In 2017, Gov. Jerry Brown appointed Simmons to the San Diego County Superior Court. Simmons is currently a judge with the court.

History of the Seat

Simmons has been nominated to the U.S. District Court for the Southern District of California, to a seat vacated on March 31, 2021, by Judge Anthony Battaglia’s move to senior status.

Legal Experience

Other than a year at the City Attorney’s Office, Simmons spent his entire pre-bench career at the San Diego County District Attorney’s Office as a state prosecutor. Among the matters he prosecuted there, Simmons handled the charges against Franklin Gatlin, who was charged with stabbing the victim three times at a sushi restaurant. See No Headline in Original, City News Service, Jan. 10, 2007. He also handled the case of Jerry McCluney, charged with shooting and beating his uncle. See Kelly Wheeler, Bail Stays at $1 Million For Man Accused of Shooting, Beating Uncle, City News Service, Apr. 29, 2008.

Notably, Simmons prosecuted Alexander “Piggy” Antunez for shooting and killing Valentin Madrigal. See Kelly Wheeler, Gang Member Who Fatally Shot Rival in 2005 Gets 17-Year Prison Sentence, City News Service, Sept. 1, 2010. Simmons also prosecuted Dontaye Craig, Frederick Robinson, and Rashad Scott for firing shots at rival gang members that struck and killed a bystander. See James R. Riffel, Two to Stand Trial for Killing of Bystander in Gaslamp, City News Service, Oct. 3, 2011. After a jury trial, all three defendants were convicted. See Kelly Wheeler, Gang Members Convicted in 2009 Death of Woman Celebrating 21st Birthday in Gaslamp, City News Service, Sept. 17, 2012.

Jurisprudence

Since 2017, Simmons has served as a judge on the San Diego Superior Court. In this role, he presides over trial court matters in criminal, civil, family, and other state law matters. Among his notable cases as a judge, Simmons sentenced John Dupree Johnson to six years in prison after driving while intoxicated in a manner that caused the death of a 70 year old pedestrian. See Man Sentenced to Six Years in Prison For Fallbrook DUI Freeway Fatality, City News Service, Nov. 5, 2020.

Overall Assessment

While still fairly young for a federal judicial appointment, Simmons has built up a record of legal service in the San Diego community and would likely attract little controversy in his confirmation.

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Judge Andrew Schopler – Nominee to the U.S. District Court for the Southern District of California

The U.S. District Court for the Southern District of California has brought in four new judges since President Biden came to office. Biden is hoping to make it six with the nominations of state judge James Simmons and U.S. Magistrate Judge Andrew Schopler.

Background

Andrew George Schopler received his B.A. summa cum laude from Dartmouth College in 1994. Schopler then received a J.D. from Harvard Law School in 1997 and spent a year as a solo practitioner and a public defender in Chapel Hill, North Carolina before joining Rudolf and Maher.

In 2004, Schopler became a federal prosecutor with the U.S. Attorney’s Office for the Southern District of California. Schopler stayed with the office until his appointment in 2016 to become a U.S. Magistrate Judge on the Southern District of California.

History of the Seat

Schopler has been nominated to the U.S. District Court for the Southern District of California, to a seat vacated on January 22, 2021, by Judge Larry Burns’ move to senior status.

Legal Experience

Schopler started his legal career in North Carolina, practicing criminal defense both as a public defender and in private practice taking court appointed cases. Among the cases he handled in North Carolina, Schopler successfully persuaded the North Carolina Court of Appeals to reverse Jimmy Harris’ conviction for First Degree Murder, finding that the trial court had erroneously allowed the state to cross-examine the defendant regarding a fifteen year old aggravated battery conviction. See State v. Harris, 562 S.E.2d 547 (N.C. App. 2002).

As a federal prosecutor in San Diego, Schopler prosecuted drug crimes. See, e.g., Hells Angel Gets Two-Decade Prison Term for Dealing Meth, City News Service, Dec. 3, 2012. Notably, he worked on Operation Dog Pound, a wiretapping investigation targeting methamphetamine and crack cocaine trafficking in San Diego. See Operation Dog Pound Defendant Sentenced to 20 Years in Prison, States News Service, Sept. 12, 2011. He also prosecuted public corruption cases. See, e.g., Mexican Businessman, Two Others, Convicted in Scheme to Funnel Money Into 2012 Mayoral Campaigns, City News Service, Sept. 9, 2016.

Schopler also had the opportunity to brief and argue appeals as a federal prosecutor. For example, Schopler successfully defended against motions to suppress in a border patrol agent search case at both the trial and appellate levels. Compare United States v. Reyes-Bosque, 463 F. Supp. 2d 1138 (S.D. Cal. 2006) with United States v. Reyes-Bosque, 596 F.3d 1017 (9th Cir. 2009). See also United States v. Navarro, 608 F.3d 529 (9th Cir. 2010) (affirming conviction for importing heroin and possession with intent to distribute).

Jurisprudence

Since 2016, Schopler has served as a U.S. Magistrate Judge on the Southern District of California. In this role, he presides over pretrial, trial, grand jury and discovery matters. Among the notable matters he has handled as a magistrate, Schopler recommended the denial of a habeas petition filed by California inmate Hussein Ibrahim, finding them to be untimely. See Ibrahim v. Fox, 2018 U.S. Dist. LEXIS 16747 (S.D. Cal. Jan. 25, 2018). This report was adopted by Judge Roger Benitez, who stated that the report was “thoughtful and thorough.” See Ibrahim v. Fox, 2018 U.S. Dist. LEXIS 27091, at *2 (S.D. Cal. Feb. 20, 2018).

In another case, Schopler declined to dismiss a prisoner’s civil rights claim for failure to exhaust, ruling that the allegation that a guard had threatened the plaintiff to get him to drop his administrative appeals was sufficient to excuse any failure to exhaust. See Mitchell v. Silva, 2020 U.S. Dist. LEXIS 129369 (S.D. Cal. July 21, 2020).

Political Activity

Schopler has a handful of political donations to his name, all to Democrats, including Sen. John Edwards of North Carolina.

Overall Assessment

With twenty-five years of legal experience and six years on the bench, Schopler will likely be deemed as close to a consensus nominee as can be found this Congress. He will likely have a smooth confirmation, calendar permitting.

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