Judge Stephanie Gallagher is the latest of several unconfirmed Obama nominees put forward by President Trump.  While her relatively uncontroversial record secured her a unanimous approval from the Committee in 2016, it was unable to secure a final confirmation vote.  This time, she is likely to be more lucky.

Background

Gallagher was born Stephanie Marie Agli in Rockville, Connecticut in 1972.  Gallagher received a B.A. from Georgetown University in the Government Honors Program magna cum laude in 1994, and then procured a J.D. cum laude from Harvard Law School in 2007.[1]

After graduation, Gallagher clerked for Judge J. Frederick Motz on the U.S. District Court for the District of Maryland. She then joined the D.C. office of Akin, Gump, Strauss, Hauer, & Feld as an associate.[2]  In 2002, Gallagher left the firm to become a federal prosecutor with the U.S. Attorney’s Office for the District of Maryland.[3]

In 2008, Gallagher founder the Baltimore firm Levin & Gallagher LLC.[4]  She stayed at the firm until she was appointed as a U.S. Magistrate Judge in 2011, replacing Judge James Bredar, who had been elevated to be a U.S. District Judge.[5]

History of the Seat

Gallagher has been nominated for a seat on the U.S. District Court for the District of Maryland.  This seat opened on February 1, 2016, when Judge William Quarles moved to senior status.[6]  In March 2013, Gallagher applied to fill other vacancies that had opened on the U.S. District Court for the District of Maryland.[7]  While Gallagher was recommended by then-Sen. Barbara Mikulski (D-Md.), the Administration selected other candidates.[8]  Nevertheless, Gallagher’s name was resubmitted to the White House in 2015, and she was nominated on September 8, 2015.[9]

Gallagher’s nomination sat before the Judiciary Committee for approximately seven months before she received a hearing on April 20, 2016.  On May 19, 2016, the Committee voted unanimously to send Gallagher’s nomination to the full Senate, where she was blocked from a final vote by Senate Republican leader Mitch McConnell.

After the election of President Trump, no further action was taken on Gallagher’s nomination, and her nomination was returned unconfirmed to the President in 2017.  President Trump renominated her on June 11, 2018 to fill the same vacancy.

Legal Career

Gallagher began her legal career as an associate at Akin Gump, where she represented large corporations in civil litigation.  Notably, Gallagher was part of the defense team representing the Holy Land Foundation for Relief and Development, an Arab American charity charged with fundraising for Hamas.[10]

In 2001, Gallagher moved to the U.S. Attorney’s Office for the District of Maryland, prosecuting a variety of cases, including white collar crimes, narcotics, and firearms offenses.  In an early case, Gallagher successfully prosecuted a defendant for conspiracy to distribute marijuana, securing a 63-month sentence.[11]  She also prosecuted a defendant charged with a narcotics conspiracy and multiple homicides, leading a two-week trial and defending the conviction successfully on appeal.[12]

From 2008 to 2011, Gallagher started her own practice focusing on white collar criminal defense matters.[13]  She also handled some court-appointed criminal defense work and general civil litigation.[14]

Political Activity

Somewhat unusually, Gallagher’s political involvement is evenly divided between the two major parties.  Gallagher was a volunteer for the campaign of Gregg Bernstein, a Democrat, to serve as Baltimore City Attorney in 2010, but also hosted a fundraiser at her home for former Gov. Robert Ehrlich the same year (Ehrlich, a Republican was challenging Democratic Gov. Martin O’Malley).[15]

Her contributions reflect a similar pattern.  In 2006, Gallagher gave $250 to Democratic Sen. Ben Cardin, but two years later donated $500 to Sen. John McCain’s campaign to be U.S. President.[16]

Jurisprudence and Reversals

Gallagher has served as a U.S. Magistrate judge in Maryland since her appointment in 2011.  In this role, she handles settlement, discovery, and makes recommendations on dispositive motions.  She also presides over cases where the parties consent.  Between 2011 and 2016, Gallagher presided over one jury trial and four bench trials.[17]  Gallagher’s more prominent trials include a damages case over the disappearance of a truckload of frozen salmon,[18] the calculation of damages for a wrongful termination case under the Family and Medical Leave Act,[19] and a bench trial arising from a traffic collision at Fort Meade.[20]

Gallagher has had a relatively low reversal rate during her tenure as a U.S. Magistrate Judge.  In one prominent reversal, Gallagher granted summary judgment against a road worker who was injured during work while suspended above traffic, finding that he had assumed the risk of injury.[21]  The Fourth Circuit reversed, finding that the assumption of risk defense did not apply in that case.[22]  She was also reversed by the Fourth Circuit after holding that a civil rights plaintiff had forfeited his right to attorney’s fees by not timely filing a motion with the court after judgment.[23]

Overall Assessment

Having been recommended for the federal bench by two Democrats and previously nominated by President Obama, Gallagher should face a relatively smooth path to confirmation.  Even though her initial foray as a nominee was unsuccessful, Gallagher’s renomination by President Trump should ensure a bipartisan confirmation.

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