Eastern District of Pennsylvania

Judge Kai Scott – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

A longtime public defender and judge, Judge Kai Scott’s background appears tailor-made for a federal appointment by the Biden Administration.

Background

The 51-year-old Scott received her B.A. degree from Hampton University in 1991 and a J.D. from the West Virginia University College of Law in 1995. She then spent two years as a law clerk for the Pennsylvania Bureau of Workers Compensation.

In 1998, Scott joined the Defender Association of Philadelphia. In 2004, Scott moved to become a federal public defender. In 2010, Scott became the Trial Unit Chief of the Federal Community Defender’s office for the Eastern District of Pennsylvania.

In 2015, Scott was elected to the Philadelphia County Court of Common Pleas as a Democrat, where she currently serves.

History of the Seat

Scott has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on March 15, 2021, when Judge C. Darnell Jones moved to senior status.

Legal Experience

Before she became a judge, Scott spent her entire legal career as a public defender representing indigent clients, first in the state and then in the federal system. Among her notable clients, Scott represented Theodore Woodson, who plead guilty of having sex with multiple inmates while serving as a jail worker. See Jim Smith, Jail Worker Guilty of Sex With Inmates; Jersey Man Worked at Federal Center, Philadelphia Daily News, Mar. 23, 2005. She also represented Michael King, who was convicted for robbing five banks. Jim Smith, Mentally Ill Druggie Gets 70 Months For Bank Holdups, Philadelphia Daily News, Sept. 8, 2005. A later representation involved John Benjamin Desper, who was sentenced to 25 years in prison for soliciting sexually explicit images of minors over the internet. Michael Hinkelman, Child-Sex Offender Sentenced to 25 Years, Philadelphia Daily News, Nov. 9, 2010.

Jurisprudence

From 2015, Scott has served as a Judge on the Philadelphia County Court of Common Pleas, which is the primary trial court in Pennsylvania. As a Judge, Scott presides over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters.

Notably, Scott granted a motion to suppress drugs recovered from Tyree Carroll, ruling that officers lacked reasonable suspicion to stop Carroll simply because he was repeatedly riding his bicycle in an area known for drug sales. See Robert Moran, Judge Rules in Favor of Man in Violent 2015 Arrest, Philadelphia Inquirer, Feb. 17, 2017. Carroll’s subsequent arrest was captured in a viral video that appeared to show the officers beating and kicking him. See id.

Political Activity

Scott ran for the bench as a Democrat and has given to the Pennsylvania Democratic party.

Writings and Statements

In 2019, Scott was interviewed (alongside fellow judicial nominee and judge Mia Perez) in an article discussing African American vernacular creating issues with court transcripts and records. See Cassie Owens, Hearing What’s Really Said in Court: Lawyers, Judges Discuss African American English and How Not Understanding It Can Defeat Justice, Philadelphia Inquirer, June 7, 2019. In the article, Scott, who is described as “fluent in African-American English” noted that it’s difficult for judges to step in to clarify linguistic misunderstandings without appearing to influence the jury. See id.

Overall Assessment

Both as a public defender and as a judge, Scott’s record shows a willingness to hold law enforcement to account. While she has the support of Republican Sen. Pat Toomey, Scott is nonetheless likely to draw opposition in the Senate. However, she will likely still be confirmed before the end of the Congress.

64 CommentsLeave a comment

Judge Mia Perez – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

A Philadelphia native, Judge Mia Perez is part of a four judge package for the U.S. District Court for the Eastern District of Pennsylvania.

Background

40-year-old Perez received her B.A. degree from Tufts University in 2003 and a J.D. from Temple University Beasley School of Law in 2006. Perez subsequently spent four years as a public defender in Philadelphia before joining Friedman Schuman as an associate. After a year there, Perez opened her own practice, handling criminal defense and family law.

In 2016, Perez was elected to the Philadelphia County Court of Common Pleas as a Democrat, where she currently serves.

History of the Seat

Perez has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on March 1, 2021, when Judge Timothy Savage moved to senior status.

Legal Experience

Perez started her legal career as a public defender representing indigent clients in the City of Philadelphia. She then spent six years in private practice handling both criminal defense and family law matters. Among her cases, Perez represented Democratic lawmaker Michelle Brownlee, who plead guilty to accepting money from an undercover informant. See Brad Bumsted, 4th Lawmaker Pleads Guilty in Sting Case, Pittsburgh Tribune Review, June 9, 2015.

Perez was also counsel for a co-defendant in a federal robbery case in which Judge Juan Sanchez excluded an out-of-court identification as unduly suggestive. See United States v. Centeno, Criminal Action No. 12-634-2, 2013 U.S. Dist. LEXIS 85913 (E.D. Pa. June 19, 2013).

Jurisprudence

From 2016, Perez has served as a Judge on the Philadelphia County Court of Common Pleas, which is the primary trial court in Pennsylvania. As a Judge, Perez presides over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters.

Among the matters she handled as a judge, Perez sentenced Blair Hawkins to two years of probation for operating an unlicensed mortuary. See Joseph A. Slobodzian, Unlicensed West Philly Undertaker Sentenced to Two Years’ Probation For Improperly Handling Bodies, The Philadelphia Inquirer, Mar. 8, 2017.

Among her legal rulings, Perez suppressed evidence of a gun recovered from a search of a defendant’s purse, ruling that the officers did not have reasonable suspicion to frisk the defendant and could not search her purse absent an arrest. See Comm. v. Thomas, 2016 Phila. Ct. Com. Pl. LEXIS 604 (Sept. 14, 2016). Perez also upheld a Defendant’s conviction for criminal trespass, finding that there was no statutory requirement that the Commonwealth prove a specific criminal intent in committing the trespass. Comm. v. Quijano, 2017 Phila. Ct. Comm. Pl. LEXIS 338 (Feb. 3, 2017).

In another notable case, Perez dismissed attempted murder charges against a defendant after the complaining witness failed to appear for the preliminary hearing and the Commonwealth attempted to establish probable cause by having the detective testify to statements the witness had made to him. See Comm. v. Harris, 269 A.3d 534 (PA Super. 2022). The Pennsylvania Superior Court affirmed Perez’s decision, finding that hearsay could not be the basis of establishing probable cause at a preliminary hearing. See id. at 536.

Political Activity

Perez ran for the bench as a Democrat and has given to the Pennsylvania Democratic party.

Writings and Statements

In 2019, Perez was interviewed (alongside fellow judicial nominee and judge Kai Scott) in an article discussing African American vernacular creating issues with court transcripts and records. See Cassie Owens, Hearing What’s Really Said in Court: Lawyers, Judges Discuss African American English and How Not Understanding It Can Defeat Justice, Philadelphia Inquirer, June 7, 2019.

Overall Assessment

Touted as a “millennial” judge when she was first elected, Perez, while young, has built up a significant reservoir of experience with the law. With the support of her two home state senators, Perez is likely to be confirmed before the end of the Congress.

143 CommentsLeave a comment

John Frank Murphy – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

Intellectual property attorney John Frank Murphy is Sen. Patrick Toomey’s selection in a package of four nominees to the Eastern District of Pennsylvania.

Background

John Frank Murphy attended Cornell University, getting his B.S. in 1999, and then got a Masters in Science and a Ph.D. from the California Institute of Technology in 2002 and 2004. Murphy then got a J.D. from Harvard Law School in 2007.

After graduating, Murphy clerked for Judge Kimberly Moore on the U.S. Court of Appeals for the Federal Circuit. Murphy then joined the Philadelphia office of Baker Hostetler, where he currently serves as a partner.

History of the Seat

Murphy has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on August 31, 2018, when Judge Lawrence Stengel moved to senior status.

Despite this seat opening with two years left in the Trump Administration, no nominee was put forward for this vacancy.

Legal Experience

Murphy has spent his entire legal career at Baker Hostetler, where he has primarily worked as an intellectual property litigator. At the firm, Murphy handled a significant amount of patent litigation. For example, Murphy was part of the legal team representing Muzak LLC in a suit covering patents for playback of music through telephones and public speaker systems. See Info-Hold, Inc. v. Muzac LLC., 783 F.3d 1365 (Fed. Cir. 2015). He also represented Nokia, Inc. in a patent infringement suit litigated in the Eastern District of Virginia. See Global Touch Solutions LLC v. Toshiba Corp., 109 F. Supp. 3d 882 (E.D. Va. 2015).

Notably, Murphy was part of the legal team for Comcast in a patent infringement suit filed against Sprint alleging that the latter had infringed four of its patents. See Comcast Cable Communications LLC v. Sprint Communications Co. LP., 203 F. Supp. 3d 499 (E.D. Pa. 2016).

Outside the intellectual property context, Murphy represented a number of plaintiffs suing to block the Pennsylvania Secretary of State’s certification of ExpressVote XL electronic voting machines, challenging the security, reliability, and accuracy of the machines. See Nat’l Election Def. Coalition v. Boockvar, 266 A.3d 76 (Pa. Commw. LEXIS 567 2021).

Political Activity

Murphy has donated to a number of candidates throughout his career, including Pennsylvania Sen. Pat Toomey, who has received approximately $4000. While most of Murphy’s donations have been to Republicans, he did donate $100 to the Attorney General campaign of Steve Dettelbach, a Democrat who currently serves as director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (Dettelbach was also a partner at Baker Hostetler).

Overall Assessment

With his background in intellectual property law and a willingness to back Republicans, Murphy is likely to attract support from members of both parties. As such, he will likely sail to confirmation.

140 CommentsLeave a comment

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.

63 CommentsLeave a comment

John Gallagher – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

John Gallagher, the head of the U.S. Attorney’s Office in Allentown, is the Trump Administration’s latest nominee to the U.S. District Court for the Eastern District of Pennsylvania.    

Background

John Michael Gallagher was born in Queens, NY in 1966.  He attended the Long Island University, getting his B.S. in 1989 and a J.D. from New York Law School in 1994.[1]  While in Law School, Gallagher worked as a Police Officer in Harlem, NY.

After graduating, Gallagher worked as an Assistant District Attorney in the Bronx County District Attorney’s Office.[2]  He then joined the New York City Police Department as a Special Prosecutor before moving to the Philadelphia Police Department as Special Counsel to the Police Commissioner.[3] 

In 2000, Gallagher became a White House Fellow in the Clinton White House, working as Counsel for Attorneys General Janet Reno and John Ashcroft.[4]  He then became a federal prosecutor in Albuquerque, NM and Assistant Chief of Police in Miami before becoming an Assistant U.S. Attorney for the Eastern District of Pennsylvania.[5]  In 2014, he became Chief of the Allentown Division of the office.

History of the Seat

Gallagher has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania.  This seat opened on October 9, 2018, when Judge Joel Slomsky moved to senior status.  

In September 2018,  Gallagher applied for and interviewed with the Judicial Nomination Advisory Panel for the Eastern District of Pennsylvania.  Gallagher then interviewed with Sen. Pat Toomey (R-Pa), Sen. Bob Casey (D-Pa), and the White House before being nominated.

Legal Experience

Gallagher has spent virtually his entire legal career as either a prosecutor or working for the police.  In the latter capacity, Gallagher worked with police departments on issues of training, civil rights, and public relations.  For example, Gallagher worked with the Philadelphia Police Department to develop policies against racial profiling in traffic stops.[6]  He also countered claims by activists and protesters that they suffered police abuse during the 2000 Republican National Convention.[7]

As a federal prosecutor, Gallagher has prosecuted a number of high profile cases.  For example, Gallagher prosecuted Kiboni Savage for the firebombing death of the family of an informant who was testifying against him, securing the death penalty against Savage.[8]

Overall Assessment

Given the bipartisan support he has received from his home state senators and his relatively apolitical background, Gallagher should sail to confirmation.  While he may receive some questions regarding his work with the police, such questions are unlikely to derail what would otherwise be an uncontroversial nomination.

[1] Sen. Comm. on the Judiciary, 116th Cong., John M. Gallagher.: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id. 

[4] Id.

[5] Id. at 3.

[6] See Michael Rubinkam, Lawmakers Call For Racial Breakdown on People Stopped By Police, A.P. State & Local Wire, May 27, 1999.

[7] See Bill Johnson, Little Proof of Activists’ Claims of Police Abuse, A.P. State & Local Wire, Aug. 20, 2000.

[8] See Peter Hall, Allentown Federal Prosecutor Nominated to Fill Federal Judgeship Serving Lehigh Valley, Morning Call, Aug. 28, 2019, https://www.mcall.com/news/breaking/mc-nws-lehigh-valley-federal-judge-nomination-20190828-esm77yajyrftpaeqonoys5m45m-story.html.  

0 CommentsLeave a comment

Karen Marston – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

Karen Marston is the Administration’s fourth nominee (and first woman) tapped for the U.S. District Court for the Eastern District of Pennsylvania.    

Background

Karen Spencer Marston was born in Portsmouth, Virginia in 1968.  She received a B.A. from Davidson College, an M.A.T. from Salem College and a J.D. from Wake Forest University School of Law.[1]  Marston then joined the Charlotte firm Moore & Van Allen PLLC as an Associate.

In 2000, Marston became a federal prosecutor with the U.S. Attorney’s Office for the Western District of North Carolina.[2]  She moved to the U.S. Attorney’s Office for the Eastern District of Pennsylvania in 2006 and became Chief of the Narcotics & Organized Crime branch in 2018.[3]  She serves there today.

History of the Seat

Marston has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania.  This seat opened on September 28, 2017, when Judge Legrome Davis moved to senior status.  

In February 2019, Marston applied for and interviewed with the Judicial Nomination Advisory Panel for the Eastern District of Pennsylvania.  Marston then interviewed with Sen. Pat Toomey (R-Pa), Sen. Bob Casey (D-Pa), and the White House.  President Trump announced Marston’s nomination to the vacancy on August 14, 2019.

Legal Experience

Marston has spent most of her career as a federal prosecutor, primarily prosecuting drug and organized crime cases.  In the course of her career, Marston has tried thirty-five jury cases, a sizable number.[4]  Notably, Marston prosecuted the drug company Novartis for marketing its drug Trileptal for off-label uses, despite only being approved by the FDA for treatment of epilepsy.[5]  In 2016, Marston also prosecuted supporters of Sen. Bernie Sanders’ presidential bid for entering a secured area during the Democratic National Convention.[6]   

Political Activity

Marston has been a member of the Federalist Society since 2019.[7]  Other than that, her only political involvement has been as an intern with the National Republican Committee while in college.[8] 

Overall Assessment

For better or for worse, prosecutors generally tend to be uncontroversial nominees, salable as “tough on crime.”  With her record, Marston falls into this pattern and will likely be confirmed by a bipartisan majority.

[1] Sen. Comm. on the Judiciary, 115th Cong., Karen Marston.: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id. 

[4] See id. at 17.

[5] United States v. Novartis Pharmaceutical Corp., 2:10-CR-650 (E.D. Pa.).

[6] See Jeremy Roebuck, Feds Drop Case Against Four DNC Fence-Jumpers, Philadelphia Inquirer, Aug. 9, 2016.

[7] See Marston supra n. 1 at 7-8.

[8] See id. at 13-14.

1 CommentLeave a comment

Judge John Milton Younge – Nominee for the U.S. District Court for the Eastern District of Pennsylvania

When Judge John Milton Younge was nominated to the federal bench by President Obama, Senate Judiciary Committee Chairman Chuck Grassley killed the nomination by refusing to give it a final Committee vote.  With Younge renominated by President Trump, Grassley appears to have dropped his opposition and scheduled the vote, making it significantly more likely that Younge will be confirmed.

Background

A native of Philadelphia, John Milton Younge was born there in 1955.  He attended Boston University, graduating in 1977 and then getting a J.D. from Howard University School of Law in 1981.[1]

After graduation, Younge worked as a solo practitioner for three years and then joined the Philadelphia Redevelopment Authority as a Staff Attorney.[2]  He moved up through the ranks of the organization, becoming General Counsel in 1990 and Deputy Executive Director in 1991.[3]

In 1996, Younge ran for and won a seat on the Pennsylvania Court of Common Pleas as a Democrat.[4]  He has served in that position ever since.  Younge made two unsuccessful runs for the Superior Court, losing elections in 2007 and 2009 to Republican candidates.

History of the Seat

Younge has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania.  This seat opened on November 18, 2013, when Judge Mary McLaughlin moved to senior status.  Younge, who had applied for a judgeship with Pennsylvania Sens. Bob Casey and Pat Toomey back in 2011, was nominated on July 30, 2015.[5]  Younge received a hearing before the Senate Judiciary Committee on December 9, 2015, but never received a vote to move to the floor.  In blocking Younge, Chairman Chuck Grassley cited Younge seeking the endorsement of Planned Parenthood during his judicial campaigns.[6]  As such, Younge was never confirmed and the seat remained open throughout the Obama Presidency.

In early 2017, Casey and Toomey asked the White House to renominate Younge for the position.[7]  Younge was initially interviewed by the White House in April 2017, but then sat in limbo for a year before the vetting process began.[8]  President Trump announced Younge’s nomination to the vacancy on July 17, 2018.

Jurisprudence

From 1996, Younge has served as a Judge on the Philadelphia County Court of Common Pleas, which are the primary trial courts in Pennsylvania.  As a Judge, Younge presided over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters.  Over the last twenty two years, Younge has presided over approximately 2300 cases.[9]

Among his more notable cases, Younge presided over a settlement between victims of gun violence and WalMart in relation to charges that WalMart negligently sold ammunition.[10]  Younge also presided over the settlement of claims arising from the sex abuse of Sean McIlmail by a priest at the Philadelphia Archdiocese.[11]

Over his twenty two years on the bench, Younge’s rulings have been reversed by higher courts twenty times.  Of these reversals, the most significant is in Zenak v. Police Athletic League City of Philadelphia.[12]  In that case, Younge allowed whistleblower claims brought by a police officer to proceed in a jury action against the City.[13]  The Pennsylvania Commonwealth Court reversed the decision, finding that the claims needed to statutorily be decided by a judge, not a jury.[14]

Political Activity

Younge has been involved with the Philadelphia Democratic Party since 1984, when he served on the Ward Executive Committee for the Party.[15]  Younge won election to the bench as a Democrat and ran twice unsuccessfully as a Democrat for the Pennsylvania Superior Court.

Overall Assessment

While the Trump Administration has renominated a fair number of Obama judicial nominees, Younge is a particularly unusual choice for renomination.  This is because, unlike the other picks renominated, Younge was actively opposed by Judiciary Committee Chairman Chuck Grassley.  As such, Younge could potentially not be considered a mainstream choice and could attract strong opposition from Republican senators.

However, even in the (slightly) more Republican senate of 2019, it is still likely that Younge gets confirmed.  Assuming all Democrats support Younge, he only needs three Republican votes to be confirmed.  One of those votes will undoubtedly come from Sen. Toomey, who pushed for his renomination.  Sens. Collins and Murkowski will likely provide the other two.  In addition, there are probably a fair number of Republicans who do not wish to see a Trump nominee fail on their watch.

Nevertheless, Younge will likely attract more opposition than most other Trump nominees, and does face a non-zero chance of being blocked by conservative opposition.

[1] Sen. Comm. on the Judiciary, 115th Cong., John M. Younge.: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Id.

[5] Id. at 65.

[6] Philip Wegmann, After Facing Questions on Abortion, 2 Obama Judicial Nominees Fail to Advance, The Daily Signal, Jan. 29, 2016, https://www.dailysignal.com/2016/01/29/after-facing-questions-on-abortion-2-obama-judicial-nominees-fail-to-advance/.  

[7] See Younge, supra n. 1 at 65.

[8] Id.

[9] See Younge, supra n. 1 at 32.

[10] Peter Hall, Wal-Mart, Victims’ Families Settle, The Morning Call, Apr. 7, 2017.  

[11] Craig R. McCoy, In Largest Reported Payout Yet, Philadelphia Archdiocese Settles Abuse Suit, June 25, 2018.

[12] 132 A.3d 541 (Pa. Cmnwlth 2016).

[13] See id. 

[14] Id.

[15] See Younge, supra n. 1 at 58.

1 CommentLeave a comment

Joshua Wolson – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

Joshua Wolson, a nominee to the Eastern District of Philadelphia, continues the trend of Federalist Society leaders being nominated to the federal bench by the Trump Administration.

Background

Joshua David Wolson was born in Ann Arbor, Michigan in 1974.  He attended the University of Pennsylvania, graduating magna cum laude in 1996 and then received a J.D. cum laude from Harvard Law School in 1999.[1]

After graduating, Wolson clerked for Judge Jan DuBois on the U.S. District Court for the Eastern District of Pennsylvania.[2]  He then joined the Washington D.C. Office of Covington & Burling LLP as an Associate.[3]

In 2008, Wolson moved to Philadelphia to become an Associate at Dilworth Paxson LLP.[4]  He became a Partner at the firm in 2010, and continues to work there to this day.[5]

History of the Seat

Wolson has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania.  This seat opened on April 3, 2017, when Judge James Knoll Gardner moved to senior status (Gardner himself replaced Judge Jan DuBois, for whom Wolson clerked).

In February 2017, Wolson discussed an appointment to the federal bench with the White House.[6]  Wolson then applied for and interviewed with the Judicial Nomination Advisory Panel for the Eastern District of Pennsylvania.  Wolson then interviewed with Sen. Pat Toomey (R-Pa), Sen. Bob Casey (D-Pa), and the White House.  President Trump announced Wolson’s nomination to the vacancy on May 10, 2018.[7]

Legal Experience

Wolson has spent his entire post-clerkship career in two firms: Covington in Washington D.C.; and Dilworth in Philadelphia.  At the former, Wolson focused on commercial litigation, including intellectual property, contract disputes, and antitrust matters.[8]  Notably, Wolson represented the National Football League (NFL) in defending against an antitrust case brought by Maurice Clarett.[9]  Clarett, a former player with the Ohio State Buckeyes, sought to enter the NFL Draft despite his dismissal from Ohio State.[10]  Judge Shira Scheindlin found in favor of Clarett, but the Second Circuit reversed (in an opinion by then-Judge Sonia Sotomayor), finding that the non-statutory labor exception covered the NFL.[11]

Since 2008, Wolson has worked at Dilworth in Philadelphia.[12]  At the firm, Wolson continued his practice in business litigation, while adding a government practice as well.  Notably Wolson represented the City of Butler, Pennsylvania in suing phone companies for undercharging 911 fees (a case presided over by fellow Pennsylvania judicial nominee Marilyn Horan).[13]  Wolson also Philadelphia Newspapers LLC in bankruptcy proceedings.[14]

Political Activity

In addition to volunteering with the Philadelphia Republican Party and serving as President of the Philadelphia Lawyers Chapter of the Federalist Society of Law & Public Policy Studies, Wolson has been an active donor to Republicans, having given approximately $8000 to candidates over the last eight years.[15]  In comparison, Wolson has also donated to two Democrats, U.S. Representatives Steny Hoyer and Eliot Engel.[16]

Overall Assessment

Given his youth and his Federalist Society pedigree, it is unlikely that Wolson will receive unanimous approval from the Senate Judiciary Committee.  However, his background yields nothing likely to significantly impede his nomination, and Wolson should see himself on the federal bench within the year.

[1] Sen. Comm. on the Judiciary, 115th Cong., Joshua Wolson.: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id. 

[4] Id.

[5] Id. at 3.

[6] Id. at 33.

[7] Press Release, White House, President Donald J. Trump Announces Fourteenth Wave of Judicial Candidates, Thirteenth Wave of United States Attorney Nominees, and Eighth Wave of United States Marshall Nominees (May 10, 2018) (on file at https://www.whitehouse.gov/the-press-office).  

[8] See Wolson, supra n. 1 at 15.

[9] Clarett v. Nat’l Football League, 306 F. Supp. 2d 379 (S.D.N.Y. 2004), rev’d, 369 F.3d 124 (2d Cir. 2004).

[10] See id.

[11] See 369 F.3d 124 (2d Cir. 2004).

[12] Jan Murphy, Charter School Advocates Think Gov. Tom Wolf Is Out to Shut Their Schools Down, Penn Live, Mar. 4, 2015, http://www.pennlive.com/politics/index.ssf/2015/03/charter_school_advocates_think.html.  

[13] Cty. of Butler v. Centurylink Commc’ns LLC, 163 A.3d 504 (Pa. Cmwlth. 2017).

[14] In re Phila. Newspapers LLC, 423 B.R. 98 (E.D. Pa. 2010).

[16] See id.

0 CommentsLeave a comment

Judge Chad Kenney – Nominee for the U.S. District Court for the Eastern District of Pennsylvania

A former elected Sheriff in Pennsylvania, Judge Chad Kenney comes to the federal bench with experience in law enforcement and on the state bench.

Background

A native Pennsylvanian, Chad Francis Kenney Sr. was born in Lower Merion on August 8, 1955.  He attended Villanova University, graduating cum laude in 1976 and then getting a J.D. from Temple University School of Law in 1980.[1]

After graduation, Kenney worked at Benson Zion & Associates in Haverford for a year and then joined the Superior Court of Pennsylvania as a Staff Lawyer.[2]  In 1983, Kenney joined the Law Office of Boardman and Schermer in Philadelphia.  After six years there, Kenney started his own law practice in Upper Darby.[3]

In 1992, Kenney joined O’Donnell & Kenney as a named partner.  In 1996, he left the position to become an Assistant County Solicitor in Media, Pennsylvania.[4]  In 1998, Kenney was elected to be County Sheriff for Delaware County.[5]

In 2003, Democratic Governor Ed Rendell appointed Kenney to the Delaware County Court of Common Pleas.[6]  Kenney served as President Judge of the Court from 2012 to 2017 and still serves as a Judge today.

History of the Seat

Kenney has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania.  This seat opened on January 11, 2016, when Judge L. Felipe Restrepo was elevated to the U.S. Court of Appeals for the Third Circuit.  While the seat opened with a year left in President Obama’s second term, no nomination was ever made to fill the seat.

After reaching out to Sen. Patrick Toomey (R-PA), Kenney interviewed for a judgeship with Toomey and his staff in February 2017.[7]  Kenney then interviewed with Sen. Bob Casey (D-PA) in April 2017 and with the White House in May.[8]  President Trump announced Kenney’s nomination to the vacancy on December 20, 2017.[9]

Jurisprudence

From 2003, Kenney has served as a Judge on the Delaware County Court of Common Pleas, which is the primary trial courts in Pennsylvania.  As a Judge, Kenney presided over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters.  Over the last fifteen years, Kenney has presided over approximately 150 jury trials.[10]

Charter School Funding

In 2015, newly elected Democratic Governor Tom Wolf created a new funding formula for charter schools in the state, one that critics suggested was intended to shut down the schools.[11]  The new funding plan set a uniform funding rate for charter schools based on the number of students served.[12]  Based in part on the formula and seeking to resolve a budget crisis, Wolf attempted to cut the tuition payments paid by the Chester Upland School District to charter schools.[13]  However, Kenney refused to approve the cut, instead rejecting Wolf’s plan and requiring the School District to continue to fully fund charter schools.[14]

Public Defender “Punishment”

In 2013, Joseph De Ritis, a recently-terminated Delaware County public defender, filed a lawsuit naming Kenney as one of the defendants.  The lawsuit claimed that Kenney had conspired by Douglas Roger, the head of the defender’s office to fire De Ritis for not pressuring his clients to accept plea deals rather than take cases to trial.[15]  De Ritis based his claim on the hearsay statement that Kenney thought that De Ritis was not moving his cases quickly enough.[16]  Kenney was ultimately dropped from the lawsuit by Judge Cynthia Rufe in 2016.[17]

Reversals

Over his fifteen years on the bench, Kenney’s rulings have been reversed by higher courts five times.  Of these reversals, the most significant is in Commonwealth v. Goldsborough.[18]  In that case, Kenney granted a defendant’s motion to suppress all evidence from his arrest, finding that the police lacked probable cause to detain the defendant.[19]  The Pennsylvania Superior Court reversed the decision, finding that probable cause existed for the detention.[20]

Political Activity

Before he became a judge, Kenney was an elected Sheriff in Delaware County where he was supported by the Pennsylvania Republican Party.[21]  Kenney also served as Pennsylvania State Republican Committee member from 1996 and 2003.[22]  He also donated in support of Pennsylvania Senator Arlen Specter (a liberal Republican who later switched parties to become a Democrat).[23]

Overall Assessment

For the most part, close cooperation between Toomey and Casey on judicial nominations have spared Pennsylvania nominees the controversy that other states have drawn.  Toomey supported the renomination of two Obama nominees, for example, who did not receive votes in 2016.  Kenney, whose nomination was a product of this cooperation, also looks likely to receive a comfortable conformation.

[1] Sen. Comm. on the Judiciary, 115th Cong., Chad F. Kenney Jr.: Questionnaire for Judicial Nominees 1.

[2] Id. at 3.

[3] Id. at 2-3.

[4] Id.

[5] Id. at 3.

[6] Id. at 1.

[7] Id. at 43.

[8] Id.

[9] Press Release, White House, President Donald J. Trump Announces Ninth Wave of Judicial Candidates and Tenth Wave of United States Attorney Nominees (December 20, 2017) (on file at https://www.whitehouse.gov/the-press-office).  

[10] See Kenney, supra n. 1 at 20.

[11] Jan Murphy, Charter School Advocates Think Gov. Tom Wolf Is Out to Shut Their Schools Down, Penn Live, Mar. 4, 2015, http://www.pennlive.com/politics/index.ssf/2015/03/charter_school_advocates_think.html.  

[12] See id.

[13] Mari A. Schaefer and Caitlin McCabe, Judge Rejects Wolf Challenge to Charter Funding, Philadelphia Inquirer, Aug. 26, 2015.

[14] Id. 

[15] Julie Zauzmer, Ex-Delco Defender: Fired Over Lack of Plea Deals, Philadelphia Inquirer, Dec. 5, 2013.

[16] See id.

[17] Alex Rose, Judge Dropped as Defendant in Wrongful Firing Lawsuit, Delaware County Daily Times, Mar. 2, 2016, http://www.delcotimes.com/article/DC/20160302/NEWS/160309905.

[18] 31 A.3d 299 (Pa. Super. Ct. 2011).

[19] See id. at 304.

[20] Id. at 308.

[21] See Nancy Petersen, Sanchez Likely As County’s First Hispanic Judge, Philadelphia Inquirer, Nov. 5, 1997.

[22] See Kenney, supra n. 1 at 36.

0 CommentsLeave a comment