Jasmine Yoon – Nominee to the U.S. District Court for the Western District of Virginia

An in-house attorney at Capital One, Jasmine Yoon, would be, if confirmed, the first judge of color on the U.S. District Court for the Western District of Virginia.

Background

Yoon’s ties to Virginia go far back, as she received a B.A. from the University of Virginia in 2003 and a J.D. from the University of Virginia School of Law in 2006. Yoon subsequently spent three years as an Associate at Crowell & Moring LLP in Washington D.C. before clerking for Judge James Cacheris on the U.S. District Court for the Eastern District of Virginia. Subsequently, Yoon became an Assistant U.S. Attorney for the Eastern District of Virginia, which she left in 2016.

In 2019, Yoon joined the University Counsel’s Office for the University of Virginia in Charlottesville. In 2022, she shifted to become Vice President of Corporate Integrity, Ethics, and Investigations at Capital One Financial Corporation.

Yoon’s husband, Christopher Kavanaugh, currently serves as U.S. Attorney for the Western District of Virginia, and has indicated that he will step down if Yoon is confirmed.

History of the Seat

Yoon has been nominated for the U.S. District Court for the Western District of Virginia. This seat will open on July 4, 2024, when Judge Michael Urbanski moves to senior status. In November 2023, Senators Warner and Kaine recommended Yoon and Roanoke attorney Patice Holland as potential candidates for the seat. Yoon was ultimately chosen by the White House

Legal Experience

Yoon started her legal career at Crowell & Moring in Washington D.C. Among the notable cases that she handled at the firm, Yoon represented Rodney Edward Brown, who was convicted of first-degree and second-degree assault and of use of a handgun in the commission of a crime of violence. See Brown v. State, 957 A.2d 654 (Md. Ct. Special Appeals 2008). Upon Yoon and her co-counsel’s arguments, the Maryland Court of Special Appeals ruled that the state, at trial, had failed to prove that a handgun was used in the offense, as the ballistics and forensic evidence only established that a firearm had been used, reversing that conviction. See id. at 674.

Between 2010 and 2016, Yoon worked as an Assistant United States Attorney for the Eastern District of Virginia under U.S. Attorney Neil McBride, focusing primarily on the prosecution of financial crimes. Notably, Yoon was part of a team of attorneys prosecuting the “Mega Conspiracy”, a joint criminal action seeking to commit copyright infringement and money laundering, causing over $500 billion in loss. See United States v. Batato, 833 F.3d 413 (4th Cir. 2016).

Yoon has been working as in-house counsel for the past four years, starting with working for the University of Virginia and then, for the past year, for Capital One.

Political Activity

Yoon has a limited political donation history, with a single donation to Warner’s campaign in 2022.

Overall Assessment

Despite her youth, Yoon has handled many of the most complex kinds of cases that she is likely to see as a federal judge, if confirmed. Given the lack of controversy in her background, Yoon should likely see a routine and comfortable confirmation.

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Ernest Gonzalez – Nominee to the U.S. District Court for the Western District of Texas

Longtime federal prosecutor Ernest Gonzalez has been nominated to fill a vacancy on the U.S. District Court for the Western District of Texas.

Background

Ernesto Gonzalez, who goes by Ernest, received a B.A. from the University of Texas at San Antonio in 1987 and a J.D. from the Thurgood Marshall School of Law at Texas Southern University in 1993. Gonzalez subsequently became an Assistant District Attorney in Bexar County.

In 2000, Gonzalez became a federal prosecutor with the U.S. Attorney’s Office for the Western District of Texas. In 2003, he shifted to become a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of Texas. He has held that position until 2023, when he became a senior advisor with the U.S. Department of Justice Criminal Division Narcotics and Dangerous Drugs Section.

History of the Seat

Gonzalez has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on December 1, 2022, when Judge Frank Montalvo took senior status.

Legal Experience

Gonzalez started his legal career in Bexar County (San Antonio) where he worked as a state level prosecutor. However, since 2000, Gonzalez has served as a federal prosecutor, starting in the Western District of Texas and then moving to the Eastern District of Texas and the U.S. Department of Justice.

During his time as a federal prosecutor, Gonzalez prosecuted a number of cases involving narcotics distribution. See, e.g., United States v. Loza-Gracia, 670 F.3d 639 (5th Cir. 2012). For example, he handled an appeal before the Fifth Circuit in a case involving the distribution of methamphetamine in Eastern Texas. See United States v. Garcia Mendoza, 587 F.3d 682 (5th Cir. 2009).

During the Covid-19 pandemic, Gonzalez also responded in opposition to motions for compassionate release for prisoners sentenced for narcotics distribution offenses. See, e.g., United States v. Dodd, 471 F. Supp. 3d 750 (E.D. Tex. 2020); United States v. Boutte, 568 F. Supp. 3d 706 (E.D. Tex. 2021).

Overall Assessment

As a lifelong prosecutor with extensive experience litigating on both the state and federal levels, Gonzalez brings a fairly conventional set of experiences to the bench, but this still should render him a fairly uncontroversial nominee. While Gonzalez may draw questions based on his lack of civil experience, given that he has the support of his home state senators, he should nonetheless be confirmed comfortably, while the White House can be happy with one of its political appointees moving to the bench.

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Judge Leon Schydlower – Nominee to the U.S. District Court for the Western District of Texas

El Paso based Magistrate Judge Leon Schydlower should be a safe choice to join the short-staffed Western District of District.

Background

Schydlower received a B.A. from the University of Texas at Austin in 1993 and a J.D. from the University of Texas School of Law in 1995. He subsequently worked with the Judge Advocate General Corps in the U.S. Navy for two years and then joined the U.S. Attorney’s Office for the District of Hawaii as a Special Assistant U.S. Attorney.

In 2000, Schydlower moved to El Paso to work for the Kemp Smith law firm and shifted to being a solo practitioner two years later. At the same time, Schydlower continued to work with the U.S. Navy Reserve and then with the U.S. Air Force Reserve Judge Advocate Corps.

In 2015, Schydlower was appointed as a U.S. Magistrate Judge for the Western District of Texas, where he currently works.

History of the Seat

Schydlower has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on February 26, 2021, when Judge Philip Ray Martinez passed away.

Legal Experience

Schydlower started his legal career with the U.S. Navy JAG Corps, and moved on to the U.S. Attorney’s Office for the District of Hawaii, where he prosecuted various offenses, including the theft of government property. See United States v. Chon, 210 F.3d 990 (9th Cir. 2000).

In 2000, Schydlower moved to El Paso and worked in private practice. Schydlower’s civil practice included medical malpractice cases, see, e.g., In re Navar, 143 S.W.3d 869 (Tex. App. 8th Dist. 2004), as well as federal habeas cases. See Berkley v. Quarterman, 507 F. Supp. 2d 692 (W.D. Tex. 2007). Schydlower has also represented plaintiffs in employment discrimination cases. See, e.g., Mitchell v. Zia Park, LLC, 842 F. Supp. 2d 1316 (D.N.M. 2012).

Among his more notable cases, Schydlower represented Maria Castillo, whose medical malpractice claims were dismissed by the trial court for failure to provide an adequate expert report, which was affirmed by the court of appeals. See Castillo v. August, 248 S.W.3d 874 (Tex. App. 8th Dist. 2008). Schydlower also represented Christopher Houseman, an immigration agent, who sued a Mexican publishing company for publishing his photo alongside an article about an immigration agent who had been arrested for involvement in narcotrafficking. See Houseman v. Publicaciones Paso del Norte, 242 S.W.3d 518 (Tex. App. 8th Dist. 2007). The defamation claim was dismissed, with a finding that a reasonable listener would be unlikely have been mislead by the photo and caption. See id.

On the criminal side, Schydlower represented defendants in both Texas and New Mexico, taking court appointed cases. See, e.g., United States v. Quaintance, 471 F. Supp. 2d 1153 (D.N.M. 2006). Schydlower also handled a number of criminal appeals before the Fifth and Tenth Circuits. See, e.g., United States v. Montano, 472 F.3d 1202 (10th Cir. 2007).

Jurisprudence

Schydlower has served as a U.S. Magistrate Judge since 2015. In this capacity, Schydlower presided over the pretrial aspects and discovery stages of cases, and prepared reports and recommendations for district judges. He also presided over cases by consent. Among the more prominent cases where Schydlower prepared a Report and Recommendation, he recommended that Judge David Guaderrama deny a motion for summary judgment brought by police officers sued for unlawful entry into the home of the plaintiff. See ER v. Jasso, 573 F. Supp. 3d 1117 (W.D. Tex. 2021). While the officers alleged that their actions were protected by qualified immunity, Schydlower rejected those claims, and Guaderrama agreed, denying summary judgment on those claims. See id.

Political Activity

Schydlower has a relatively limited political donation history, which includes donations to State Rep. Joseph Moody, and Rep. Silvestre Reyes, both Democrats.

Overall Assessment

As a judge with a plaintiff-friendly background who nonetheless has won the support of his home state senators, Schydlower should be seen as a consensus nominee and should be comfortably confirmed.

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Judge Kelly Rankin – Nominee to the U.S. District Court for the District of Wyoming

A Wyoming native with extensive ties to the legal community, Judge Kelly Rankin has been nominated to a lifetime appointment on the federal bench.

Background

Born in 1968, Kelly H. Rankin received a B.S. from the University of Wyoming in 1990 and a J.D. from the University of Wyoming College of Law in 1994. Rankin then spent a year at the Lincoln County Attorney’s Office before shifting to the Park County Attorney’s Office. In 1999, Rankin became the Park County Attorney.

In 2003, Rankin became a federal prosecutor under U.S. Attorney Matt Mead. In 2008, Rankin was appointed to replace Mead by President George W. Bush as U.S. Attorney, which he held until 2010, when President Obama replaced him with Christopher Crofts. Rankin then briefly served as Counsel to Democratic Governor Dave Freudenthal (himself a former Wyoming U.S. Attorney) before returning to the U.S. Attorney’s Office as Criminal Chief.

In 2012, Rankin was appointed as a U.S. Magistrate Judge in Wyoming, where he currently serves.

History of the Seat

Rankin has been nominated for a vacancy on the U.S. District Court for the District of Wyoming to replace Judge Nancy Freudenthal, who took senior status on June 1, 2022.

Legal Experience

While Rankin started his legal career as a prosecutor in a number of County Attorney’s offices, his name first appears in notable cases as a law student, when Rankin assisted the Wyoming Attorney General’s Office in opposing an appeal from a defendant charged with forgery and check fraud. See Black v. State, 869 P.2d 1137 (Wyo. 1994).

In 2003, Rankin became an Assistant U.S. Attorney with the District of Wyoming, in which role he prosecuted a variety of offenses, and argued before the Tenth Circuit as well. See United States v. Magallanez, 408 F.3d 672 (10th Cir. 2005). In 2008, at the age of forty, Rankin was nominated by President George W. Bush to be U.S. Attorney for the District of Wyoming and was confirmed by the Senate. As U.S. Attorney, Rankin supervised and directed all federal prosecutions for the District, including working with future Tenth Circuit Judge Gregory Phillips, when the latter was a federal prosecutor. See, e.g., United States v. Dennis, 551 F.3d 986 (10th Cir. 2008). Rankin also served as counsel of record on certain appeals before the Tenth Circuit. See, e.g., United States v. Brown, 556 F.3d 1108 (10th Cir. 2009).

Subsequently, Rankin spent a short stint as a legal advisor to Gov. Dave Freudenthal before returning to the U.S. Attorney’s Office as Chief of the Criminal Section.

Jurisprudence

Since 2012, Rankin has been a U.S. Magistrate Judge with the District of Wyoming. In this role, Rankin presides over cases where parties consent to his jurisdiction, presides over pretrial release and discovery issues, and writes reports and recommendations for district judges to approve. Among the cases where the parties consented to Rankin presiding, while sitting by designation in Colorado, he presided over litigation brought by a Sheriff in Park County who claims that he was demoted for criticizing the conduct of other Deputies who had engaged in a civil eviction that ended in the deaths of two individuals. See Tonjes v. Park Cnty. Sheriff’s Office, 300 F. Supp. 3d 1308 (D. Colo. 2018). Rankin denied motions to dismiss most of the claims brought by the plaintiff, finding that they had been plausibly alleged. See id. at 1332-33.

Among other notable opinions Rankin has authored, he denied a motion from Casper City Councilman Craig Hedquist’s to compel production of documents between the City Council and attorneys and other individuals related to an effort to remove Hedquist, finding that the documents were protected under the attorney-client privilege. See Hedquist v. Patterson, 215 F. Supp. 3d 1237 (Wyo. 2016).

Political Activity

While Rankin has worked for both Republicans and Democrats in his career, his donation history is entirely Republican, including donations to Mead, Sen. Mike Enzi, and the Wyoming Republican Party.

Overall Assessment

With the support of the White House, his home state senators, and extensive experience with the Wyoming legal community, Rankin represents a fairly consensus nominee and should be confirmed comfortably.

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Judge Ann Marie McIff Allen – Nominee to the U.S. District Court for the District of Utah

Judge Ann Marie McIff Allen would be, if confirmed, the only judge from Southern Utah on the federal district court.

Background

The daughter of former Republican State Representative Kay McIff and a Southern Utah native, Ann Marie McIff Allen received a B.A. from Brigham Young University in 1994 and a J.D. from Brigham Young University’s J. Reuben Clark Law School in 1997. Allen then went into private practice until 2007 when she became Deputy County Attorney for the Iron County Attorney’s Office. In 2013, she returned to private practice as a solo practitioner, although she also worked with Southern Utah University as Special Counsel and then General Counsel.

In 2020, Allen was appointed to be a judge on Utah’s Fifth District Court, where she has served since.

History of the Seat

Allen has been nominated for a vacancy on the U.S. District Court for the District of Utah to replace Judge David Nuffer, who took senior status on April 2, 2022. Allen was recommended for the vacancy by Sen. Mitt Romney.

Legal Experience

Allen worked in private practice at a number of different firms between 1997 and 2007 and then again between 2013 and 2020, focusing on civil practice. Between 2007 and 2013, by contrast, Allen worked for the Iron County Attorney’s Office, working both as a prosecutor and a public defender (County Attorneys in Utah have broad roles, including serving as a legal advisor, prosecution, and indigent defense).

Between 2017 and 2020, Allen worked as Counsel for Southern Utah University, where she served as a legal advisor to the University on Title IX compliance and other issues.

Jurisprudence

Allen has served as a judge on the Fifth District Court in Southern Utah since Governor Gary Herbert appointed her to the court in 2020. In Utah, District Courts are trial courts of general jurisdiction, which preside over all civil cases and all criminal felonies.

Among the notable cases Allen handled as a judge, Allen presided over a jury trial that found Darcy Anderson to be guilty of three felony counts relating to the sexual abuse of a ten year old victim. See Jeff Richards, Jury Finds Parowan Man Guilty of Sexually Abusing 10-Year-Old Girl in His Home, St. George News, Feb. 25, 2022, https://www.stgeorgeutah.com/news/archive/2022/02/25/jmr-jury-finds-parowan-man-guilty-of-sexually-abusing-10-year-old-girl-in-his-home/. Allen also found Jacob Schmidt, accused of running another man over with a car, to be competent to stand trial. See Jeff Richards, Cedar City Man Accused of Murder in Fatal Hit-and-Run Found Competent to Stand Trial, St. George News, Feb. 24, 2021, https://www.stgeorgeutah.com/news/archive/2021/02/24/jmr-cedar-city-man-accused-of-murder-in-fatal-hit-and-run-found-competent-to-stand-trial/.

Additionally, Allen was one of a group of judges who was sued in federal court by defendants who were challenging the bails set in their cases. See Medina v. Allen, Case No. 4:21-cv-00102-DN-PK (D. Utah Mar. 30, 2023); see also Jessica Miller, Lawsuit Challenges Utah’s Cash-Based Bail System, The Salt Lake Tribune, Oct. 4, 2021, https://www.sltrib.com/news/2021/10/04/these-utahns-are-too-poor/. The suit was dismissed by Nuffer. See id.

Overall Assessment

The District of Utah has a Salt Lake City focused bench, with the lone Southern Utah judge, Nuffer, having moved there in 2018 when the court opened a new division in Southern Utah. Allen, by contrast, has deep ties to Southern Utah, which would serve her well in building the legal community around the new division.

As for her background, Allen may draw questions about the lawsuit challenging her bail decisions, given that it was supported by a number of progressive organizations, but is nonetheless favored to be confirmed.

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Judge Susan Bazis – Nominee to the U.S. District Court for the District of Nebraska

U.S. Magistrate Judge Susan Bazis may have been passed over for a seat on the Nebraska Supreme Court in 2015, but she is now poised to take a seat on the federal bench.

Background

Born in 1968, Susan M. Bazis attended the University of Nebraska at Omaha and then Creighton University School of Law, getting her B.S. magna cum laude in 1990 and her J.D. in 1993. During law school, Bazis worked at Paragas Law Offices and continued with the firm upon graduation. Bazis also spent three years as an Assistant Public Defender while with the office.

In 2001, Bazis became a solo practitioner, which she maintained until 2007 when Govenor Dave Heineman appointed Bazis to the Douglas County Court.

In 2015, Bazis applied to replace Justice Michael McCormick on the Nebraska Supreme Court, but Sarpy County Judge Max Kelch was chosen for the seat instead.

Around the same time that she thwarted a car theft in 2017, Bazis left the state court bench when Judge Laurie Smith Camp appointed her as a federal magistrate judge, where she currently serves.

History of the Seat

Bazis has been nominated for a vacancy on the U.S. District Court for the District of Nebraska. This seat opened on February 6, 2023 when Judge John Gerrard took senior status. In early 2023, Sen. Deb Fischer recommended Bazis to the White House for nomination, and Bazis’ nomination was announced on December 19, 2023.

Legal Experience

Bazis started her legal career at Paragas Law Offices, while also having a short stint as a Public Defender in Douglas County. She then spent seven years as a solo practitioner in Omaha, during which time she handled a wide variety of cases including criminal defense and family law. Notably, Bazis has represented death penalty cases in challenges to their sentence. See, e.g., State v. Gales, 269 Neb. 443 (2005). Bazis also argued before the Nebraska Supreme Court on behalf of Edward Robinson, convicted of murder for a fatal shooting after a fight in the Popeye’s parking lot. See State v. Robinson, 724 N.W.2d 35 (Neb. 2006).

Among the family law cases that Bazis handled, she represented a father before the Nebraska Court of Appeals, who sought to have an order terminating his parental rights overturned. See In re Dylan Z., 697 N.W.2d 707 (Neb. App. 2005). The Court of Appeals reversed the termination of parental rights on the grounds of abandonment and neglect, finding that the appellant’s lack of presence in his son’s life was based on his lack of knowledge of the son’s birth, and not on a wilful abandonment. See id. at 719.

Jurisprudence

Bazis has been on the bench for the last sixteen years, starting as a state court judge and then moving on to be a U.S. Magistrate Judge.

State Court

Bazis served on the Douglas County Circuit Court between her appointment in 2007 and her appointment as a magistrate judge in 2017. During this time, Bazis also served as the court’s presiding judge for four years, and also served as an advocate to reform the state’s guardianship system. See Bill Kelly, Guardianship Reform Advances After Judges, Victims Share Concerns, Nebraska Public Media, Feb. 13, 2014, https://nebraskapublicmedia.org/en/news/news-articles/guardianship-reform-advances-after-judges-victims-share-concerns/. Additionally, during her time as a state court judge, she reported her colleague Gregory Schatz to the Judicial Misconduct Commission for improperly contacting the local jail to release one of his friends on a personal recognizance bond. See In re Complaint Against Schatz, 845 N.W.2d 273 (Neb. 2014).

Federal Court

Since 2017, Bazis has served as a federal magistrate judge, in which role, she prepares reports and recommendations for district judges, handles discovery disputes and pretrial litigation, and presides over cases by the agreement of the parties. Among the reports and recommendations that she prepared, Bazis presided over an evidentiary hearing sought by Tracy Inman, who alleged that her counsel failed to file an appeal on her behalf, and ruled that Inman had not directed her counsel to file an appeal. See United States v. Inman, No. 8:21-CR-60 (D. Neb. Nov. 20, 2023) (Buescher, J.). Judge Brian Buescher accepted Bazis’ recommendation in denying Inman’s petition for relief.

Among the matters she has presided over, Bazis ruled that an Administrative Judge had a substantial basis to find that Amber Kraus was not disabled and thus was not entitled to disability benefits. See Kraus v. Saul, 988 F.3d 1019 (8th Cir. 2021). The Eighth Circuit affirmed Bazis’ ruling. See id.

Political Activity

Bazis has a handful of political contributions, including to the Nebraska Republican Party, Heineman and Congressman Lee Terry.

Overall Assessment

As a nominee, Bazis has extensive experience with both state and federal court, as well as the support of her home state senators. Given her close ties to Nebraska Republicans, it is unlikely that her nomination will prove controversial.

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Judge Gretchen Lund – Nominee to the U.S. District Court for the Northern District of Indiana

Longtime Elkhart County Judge Gretchen Lund is the Republican-half of a package deal struck between the White House and Indiana Senators for the Northern District of Indiana.

Background

A native Hoosier, Lund was born in 1975, and grew up in the Goshen city area, graduating from NorthWood High School in 1994. After getting an B.A. from Butler University in 1998, Lund attended Valparaiso University School of Law, graduating in 2001. Following her graduation, Lund joined the Indianapolis office of law firm Ice Miller LLP before leaving a year later to clerk for Judge William Lawrence on the U.S. District Court for the Southern District of Indiana.

After her clerkship, Lund became a prosecutor with the Elkhart County Prosecutor’s Office.

In 2008, Lund was elected to be a Goshen City Judge and, since, 2015, has served as a Elkhart County Superior Court.

History of the Seat

Lund has been nominated for a seat on the U.S. District Court for the Northern District of Indiana. This seat was vacated on July 17, 2023, when Judge Jon DeGuilio moved to senior status.

Legal Experience

Lund has had a relatively limited legal career prior to becoming a judge. Her time consisted of a short stint as an associate at the firm of Ice Miller in Indianapolis and serving as a prosecutor for a year in Elkhart County, where she practiced in both the City Court and the Child Support Division.

Political Activity

Lund ran in her judicial race as a Republican. See Lund to Seek Judicial Post, The Goshen News, Jan. 23, 2007, https://www.goshennews.com/news/local_news/lund-to-seek-judicial-post/article_0dbbd4e5-da40-5777-b27b-75812d81bec3.html. Additionally, while in college, Lund worked for Indiana Senate Republicans Robert Garton and Marvin Riegsecker.

Jurisprudence

In 2008, Lund was elected and started as a Goshen City Judge, where she presided over criminal misdemeanors, city ordinance disputes, and traffic infractions. Since 2015, Lund has served on the Elkhart County Superior Court, which serves as a trial court of general jurisdiction.

Among the matters she presided over, Lund entered judgment against a plastic manufacturer for retaliatory discharge after a jury found in favor of a terminated employee. See Best Formed Plastics, LLC v. Shoun, 51 N.E.3d 345 (Ind. App. 2016). In another notable case on appeal from the City Court, Lund found the defendant guilty of public indecency and sentenced him to one year in jail, a harsher sentence than he had received in city court. See Morris v. State, 114 N.E.3d 531 (Ind. App. 2018). Lund’s sentence was affirmed by the Indiana Court of Appeals. See id. at 540. In contrast, the Indiana Court of Appeals reversed a portion of Lund’s sentence when she ordered that the sentence for a violation of Indiana’s habitual offender statute be served consequently to a driving under the influence sentence, finding that the habitual offender statute did not create a separate crime but rather a sentencing enhancement. See Weekly v. State, 105 N.E.3d 1133 (Ind. App. 2018).

Overall Assessment

Starting as a city judge and then a superior court judge, Lund has been on the bench most of her career, and Lund’s record suggests that she would be a fairly mainstream, if slightly right-of-center judge. As Lund was presumably the choice of Indiana senators for the bench, she should be confirmed easily.

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Judge Cristal Brisco – Nominee to the U.S. District Court for the Northern District of Indiana

A fixture of the South Bend legal community who previously worked under then Mayor Pete Buttigieg, Judge Cristal Brisco has been nominated to the U.S. District Court for the Northern District of Indiana.

Background

Brisco received a B.A. cum laude from Valparaiso University in 2002. Following her graduation, Brisco attended the University of Notre Dame Law School, graduating in 2006.

Brisco subsequently joined Barnes & Thornburg LLP, where she worked until 2013, when she became Corporation Counsel for the City of South Bend under then-Mayor Pete Buttigieg. After a brief stint as General Counsel at St. Mary’s College, Notre Dame, Brisco became a magistrate judge for the Circuit Court of St. Joseph County in 2018.

In 2021, Governor Eric Newsom named Brisco to the St. Joseph County Superior Court, where she currently serves.

History of the Seat

Brisco has been nominated for a seat on the U.S. District Court for the Northern District of Indiana. This seat was vacated on January 23, 2021, when Theresa Lazar Springmann moved to senior status.

Legal Experience

Brisco began her legal career as an associate at Barnes & Thornburg. While there, Brisco frequently represented the City of South Bend as private counsel, including in defending suits brought against the South Bend Housing Authority. See, e.g., Fincher v. South Bend Housing Authority, 612 F. Supp. 2d 1009 (N.D. Ind. 2009). Brisco also represented the City as an employer in defending against discrimination allegations. See Pittman v. Housing Authority of City of South Bend, 695 F. Supp. 2d 866 (N.D. Ind. 2010) (granting summary judgment to Defendant on allegations of racial discrimination and retaliation).

Between 2013 and 2018, Brisco worked as Corporation Counsel for the City of South Bend, Indiana. During that time, Brisco authored a letter declining to have the City Attorney’s Office represent Councilmember Henry Davis against a libel suit brought by police officers that Davis had alleged that made racist remarks. See Tom Perkins, ‘Look at His Record’: Buttigieg Faces New Criticism From His City’s Black Leaders, The Guardian, Sept. 26, 2019, https://www.theguardian.com/us-news/2019/sep/25/pete-buttigieg-south-bend-lawsuit-police-shooting. Brisco also joined an amicus brief on behalf of the City of South Bend in a challenge to President Trump’s “Muslim travel ban.” See Intern. Refugee Assistance Project v. Trump, 857 F.3d 554 (4th Cir. 2017).

Political Activity

Brisco has a limited political history, which consists of donations to Indiana Democrats Joseph Donnelly and Mel Hall.

Jurisprudence

From 2018 to 2021, Brisco served as a magistrate judge on the Circuit Court for St. Joseph County. As a magistrate judge, Brisco was appointed by the Indiana Supreme Court to a Study Commission on the Future of the Indiana Bar Exam. See In re Order Creating a Study Commission on the Future of the Indiana Bar Examination (Ind. 2018).

Since her appointment in 2021, Brisco has served on the St. Joseph County Superior Court, which serves as a trial court of general jurisdiction. Notably, Brisco granted summary judgment against most of the claims alleged by plaintiffs claiming injuries from use of the defendants’ swimming pool. See Pennington v. Memorial Hospital of South Bend, 206 N.E.3d 473 (Ind. App. 2023). Brisco’s decision was affirmed by the Indiana Court of Appeals. See id. Additionally, as a Superior Court Judge, Brisco was appointed by the Indiana Supreme Court to serve on the Indiana Commission on Equity and Access in the Court System. See In re Order Establishing the Indiana Commission on Equity and Access in the Court System, (Ind. 2021).

Overall Assessment

Brisco’s nomination, paired with that of Elkhart County Judge Gretchen Lund, is the Democratic half of the deal struck with Indiana Senators. That being said, while Brisco’s background does suggest some areas of progressive advocacy, it also shows a mainstream legal philosophy (one that led a Republican Governor to tap her for the bench). Overall, as long as Brisco maintains the support of her home state senators, she should be confirmed comfortably.

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Judge Amy Baggio – Nominee to the U.S. District Court for the District of Oregon

Longtime public defender turned judge Amy Baggio is President Biden’s third nominee for the federal trial court in Oregon.

Background

Baggio received a B.A. cum laude from Wake Forest University in 1995 and a J.D. from Lewis & Clark Law School in 2001. After spending a year at the Portland Metropolitan Public Defender, Baggio joined the Office of the Federal Public Defender for the District of Oregon, starting as a research and writing attorney and then shifting to be a Assistant Federal Public Defender in 2005.

In 2013, Baggio left to start her own law practice. In 2019, Governor Kate Brown appointed Baggio to the Multnomah County Circuit Court.

History of the Seat

Baggio has been nominated for a seat on the U.S. District Court for the District of Oregon. This seat will open on August 21, 2024, when Judge Marco Hernandez moves to senior status. Baggio was among six candidates recommended to the White House by Oregon Senators in June 2023.

Legal Experience

Starting her career as a public defender at the state level, Baggio spent ten years at the Federal Public Defender’s Office. Among the cases she handled there, Baggio argued before the Ninth Circuit unsuccessfully that the crime of receiving child pornograpy includes an intent to distribute. See United States v. Olander, 572 F.3d 764 (9th Cir. 2009). Baggio also represented detainees at the U.S. Naval Base at Guantanamo Bay. See Gul v. Obama, 652 F.3d 12 (D.C. 2011). In addition, Baggio joined an amicus brief on behalf of the detainees in constitutional challenges to their detention. See Boumedine v. Bush, 476 F.3d 981 (D.C. Cir. 2007).

Between 2013 and 2019, Baggio served as a solo practitioner in Portland. During this time, Baggio represented co-defendants in the prosecution of Ammon Bundy after the 2016 occupation of the Malheur National Wildlife Refuge. See United States v. Bundy, 195 F. Supp. 3d 1170 (D. Ore. 2016).

Jurisprudence

Baggio has served as a Circuit Court Judge since 2019. In this role, she serves as a primary trial judge, supervising criminal and civil cases. In a notable decision later affirmed by the Oregon Court of Appeals, Baggio denied a motion to suppress, finding that exigent circumstances prompted by ongoing animal neglect justified officers.entering the defendant’s residence to seize her cat. See State v. Hsieh, 499 P.3d 142 (Or. App. 2021). In another notable decision, Baggio granted a writ of habeas corpus releasing a prisoner due to inadequate measures used to treat Covid-19 in the facility, which the Oregon Court of Appeals affirmed. See Lawson v. Cain, 524 P.3d 529 (Or. App. 2023).

Political Activity

Baggio has a limited donation history, consisting of a single donation to President Obama’s campaign in 2008.

Overall Assessment

Like many of Biden’s nominees, Baggio has extensive experience in indigent defense, ranging from the representation of detainees to those of right-wing militants in Oregon. Baggio’s history is likely to cause significant opposition through the confirmation process, although Baggio is still favored to be confirmed before the vacancy is expected to open.

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Judge Jacqueline Becerra – Nominee to the U.S. District Court for the Southern District of Florida

A prominent South Florida attorney turned U.S. Magistrate Judge, Judge Jackie Becerra rounds out three nominations made by the Biden Administration to fill vacancies on the U.S. District Court for the Southern District of Florida.

Background

Born in Miami Beach in 1970, Jacqueline Becerra graduated from the University of Miami in 1991 and then from Yale Law School in 1994. Becerra then joined the U.S. Department of Justice, working in the Civil Division and then the U.S. Attorney’s Office for the District of Columbia. In 1999, Becerra shifted to the U.S. Attorney’s Office for the Southern District of Florida.

In 2004, Becerra became a Shareholder at Greenberg Traurig P.A. in Miami. In 2019, she was appointed to be a U.S. Magistrate Judge for the Southern District of Florida, where she currently serves.

History of the Seat

Becerra has been nominated for a seat on the U.S. District Court for the Southern District of Florida. This seat opened on July 15, 2022, when Judge Marcia Cooke moved to senior status.

Legal Career

Becerra started her legal career at the U.S. Department of Justice Civil Division, where she stayed for three years, working on civil defense in litigation across the United States.

Between 1997 and 2004, Becerra worked as a federal prosecutor, first in D.C. and then with the U.S. Attorney’s for the Southern District of Florida. Notably, Becerra prosecuted four Miami police officers for excessive force in their beating of an individual under arrest. See United States v. Aguero, No. 1:02-cr-20174-ALTONAGA (S.D. Fla. 2002). This case ended in a voluntary dismissal by the government due to a change in the victim testimony at trial.

Between 2004 and 2019, Becerra worked at Greenberg Traurig in Miami. In this role, Becerra primarily worked on commercial litigation matters as well as regulatory compliance. Notably, Becerra represented Miami-based Tiger Direct in a suit against Apple Computer over an advertising campaign that referenced Tiger. See Tiger Direct Inc. v. Apple Computer, Inc., No. 1:05-cv-21136-LENARD (S.D. Fla. 2005).

Jurisprudence

Since 2019, Becerra has served as a U.S. Magistrate Judge on the U.S. District Court for the Southern District of Florida. In this role, Becerra presides over cases by agreement, writes reports and recommendations for district judges, and handles pretrial motions, discovery disputes, and bail matters. During her tenure, Becerra has presided over four trials.

Among the notable cases where parties consented to her jurisdiction, Becerra denied a motion to compel arbitration brought by defendants in a trademark infringement action, finding that the plaintiffs were not signatories to the arbitration clause signed by their affiliates. See Taylor Grp., Inc. v. Indus. Distribs. Int’l Co., 522 F. Supp. 3d 1212 (S.D. Fla. 2021), aff’d, 859 F. App’x 439 (11th Cir. 2021). Becerra’s decision was subsequently affirmed by the Eleventh Circuit.

Political Activity

Before she became a judge, Becerra had an extensive political donation history, all to Democrats, including multiple donations to President Obama and to Hillary Clinton’s presidential campaign.

Overall Assessment

While arguably the most “liberal” of the three South Florida nominees put forward by the Biden Administration, Becerra is still likely to fit within the mainstream of judges on the Southern District of Florida. While she would likely draw more opposition than her co-nominees, Becerra is still likely to be confirmed comfortably.

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