Peter Phipps – Nominee for the U.S. District Court for the Western District of Pennsylvania

A DOJ litigator with extensive experience in the federal courts, the 45-year-old Peter Phipps looks likely to join the Western District of Pennsylvania before the end of the year.

Background

Peter Joseph Phipps was born on April 8, 1973 at Dyess Air Force Base in Abilene, TX.[1]  Phipps attended the University of Dayton, getting a B.A. in History and a B.S. in Physics.[2]  He continued on to the Stanford University Law School, graduating with a J.D. in 1998.  He then joined the Washington D.C. Office of Jones Day (a firm that has sent many alumni to the Trump Administration and the federal bench).[3]

In 2001, Phipps left Jones Day to clerk for Judge R. Guy Cole on the U.S. Court of Appeals for the Sixth Circuit.  He then joined the Federal Programs Branch of the Civil Division of the U.S. Department of Justice.[4]  He is still with the same office in Washington D.C., working as Senior Trial Counsel.  Phipps has also served as an Adjunct Professor at Duquesne University School of Law in Pittsburgh since 2014.[5]

History of the Seat

The seat Phipps has been nominated for opened on September 30, 2013, with Judge Terrence McVerry’s move to senior status.  On July 30, 2015, President Obama nominated Judge Marilyn Horan from the Butler County Court of Common Pleas to fill the vacancy.[6]  The nomination of Horan, a Republican, was made as a package along with those of three Democrats to other vacancies.

While all four nominees in the package received a hearing on December 9, 2015, two of them, Judge Robert Colville, and Judge John Milton Younge, were blocked from Judiciary Committee consideration by Chairman Chuck Grassley, who was unhappy with their support of abortion rights.[7]  At the same time, Horan and Judge Susan Baxter were blocked by Senate Majority Leader Mitch McConnell on the Senate floor and were never confirmed.  Both were ultimately renominated by Trump.[8]

Phipps applied to the bipartisan judicial selection committee set up by Pennsylvania Senators Bob Casey and Pat Toomey in April 2017.[9]  Phipps interviewed with Toomey and Casey and was then recommended to the White House.  He was formally nominated on February 15, 2018.

Legal Experience

While Phipps’s primary legal occupation has been as a litigator at the Department of Justice, he began his career as an Associate in the Washington D.C. Office of Jones Day, representing corporations in civil litigation.[10]  Overall, Phipps has worked as counsel of record in three civil trials, as well as handling appellate matters in other cases.[11]

As Senior Trial Counsel at the Federal Programs Branch of the Department of Justice, Phipps litigated many contentious cases.  In one case, Phipps defended the U.S. Department of Housing and Urban Development against a class action suit brought by African American plaintiffs alleging racial discrimination in public housing.[12]  Through the litigation, which lasted ten years, Phipps worked through two separate trials, and managed to negotiate a settlement in the case.[13]

In another notable case, Phipps defended the constitutionality of the military’s “Don’t Ask, Don’t Tell” policy, which barred individuals engaging in homosexual conduct from serving openly in the armed forces.[14]  In yet another case, Phipps defended the constitutionality of HHS grants for faith based organizations that have religious objections to abortion and contraception.[15]

More recently, Phipps defended the constitutionality of the Professional and Amateur Sports Protection Act of 1992 (PASPA).[16]  PASPA’s constitutionality was challenged by New Jersey, which sought to legalize sports betting in its state in violation of the Act.[17]  Phipps represented the government in several suits before the District Court, the Third Circuit, and in certiorari arguments before the U.S Supreme Court.[18]

Overall Assessment

While Phipps, at 45, is a relatively young judicial nominee, his qualifications for the federal bench are unquestionable.  As an attorney with the Federal Programs Branch of the Department of Justice, Phipps has had experience in some of the most consequential litigation the Department engages in, preparing him well for the  issues he would face as a trial judge.

Skeptics may draw opposition based on Phipps’ defense of DADT and grants to faith-based organizations.  However, as an attorney at Federal Programs, Phipps has an ethical responsibility to present defenses to federal laws and regulations and his views in litigation cannot necessary be imputed as his personal views.

Overall, given that Phipps has the support of his Democratic and Republican home-state senators, as well as a fairly noncontroversial record, he looks set for a relatively painless confirmation.


[1] Sen. Comm. on the Judiciary, 115th Cong., Peter J. Phipps: Questionnaire for Judicial Nominees 1.

[2] Id.

[3] See id. at 2.

[4] See id.

[5] Id.

[6] Press Release, White House, President Obama Nominates Seven to Serve on the United States District Courts (July 30, 2015) (on file at https://obamawhitehouse.archives.gov).

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

[8] Press Release, President Donald J. Trump Announces Ninth Wave of Judicial Nominees and Tenth Wave of United States Attorney Nominees (December 20, 2017) (on file at www.whitehouse.gov/thepressoffice).

[9] Sen. Comm. on the Judiciary, 115th Cong., Peter J. Phipps: Questionnaire for Judicial Nominees 24.

[10] Id. at 10.

[11] Id. at 11-12.

[12] Thompson v. HUD, No. 95-395 (D. Md.) (Garbis, J.) (Grimm, J.).

[13] See id.

[14] Witt v. United States Air Force, No. 06-5195 (W.D. Wash.) (Leighton, J.).

[15] American Civil Liberties Union of Northern California v. Hargan, No. 16-3539 (N.D. Cal.) (Beeler, M.J.).

[16] See NCAA v. Christie, Nos. 3:12-4947; 3:14-6450 (D.N.J.) (Shipp, J.); Nos. 13-1713,-1714,-1715 (3d Cir.); Nos. 14-4546,-4568,-4569 (3d Cir.) (subsequently en banc); Nos. 13-967; -979; -980, Nos. 16-476,-477 (U.S.).

[17] See id.

[18] Commonwealth v. Opperman, 780 A.2d 714 (Pa. Super. Ct. 2001).

Judge Susan Paradise Baxter – Nominee for the U.S. District Court for the Western District of Pennsylvania

A well-respected magistrate judge with over twenty-two years on the bench, Judge Susan Paradise Baxter is a consensus nominee from the Trump Administration.  Her moderate background and support from senators of both parties, as well as her previous nomination from President Obama, should ensure a relatively smooth confirmation process.

Background

A Western Pennsylvania native, Baxter was born Susan Rose Paradise on September 20, 1956, in Latrobe, in the Pittsburgh suburbs.[1]  Baxter attended Pennsylvania State University, overlapping with fellow nominee Marilyn Horan, and graduating with a B.S. in 1978.  Baxter went on to get a Masters in Education and then a Juris Doctor from Temple University.[2]

After graduating, Baxter joined Cole Raywid & Braverman (now Davis Wright & Tremaine LLP) in Washington D.C. as an associate.  In 1989, Baxter became a partner at the firm.

In 1994, Baxter returned to Pennsylvania to serve as a court solicitor for the Court of Common Pleas for Erie County.[3]  A year later, Baxter was named to be a federal magistrate judge for the U.S. District Court for the Western District of Pennsylvania.[4]  Baxter continues to serve in that position today.

History of the Seat

The seat Baxter has been nominated for opened on August 16, 2013, with the resignation of Judge Sean McLaughlin.  In August 2013, Baxter applied for a federal judgeship with the application committee set up by Pennsylvania’s U.S. Senators Bob Casey (D-PA) and Pat Toomey (R-PA).[5]  Baxter interviewed with Casey and his staff in early 2015 and with Toomey in March of that year.[6]  In July 2015, Baxter was then nominated by President Obama for the vacancy on the U.S. District Court for the Western District of Pennsylvania.[7]

While Baxter had bipartisan support for the seat and was unanimously voted out of the Judiciary Committee in January 2016, she never received a floor vote and her nomination was returned at the end of the 114th Congress.

In January 2017, Toomey and Casey indicated their support for re-nominating Baxter for the Western District.  Baxter was officially re-nominated for the vacancy on December 20, 2017.[8]

Legal Experience

From 1983 to 1992, Baxter worked as an associate and a partner at Cole Raywid & Braverman in Washington D.C.  At the firm, Baxter handled approximately 100 cases, going to trial in ten cases.[9]  Among the most significant matters that Baxter handled at the firm, she represented a class of over one hundred former employees and stockholders of U.S. News & World Report in bringing an ERISA action.[10]  In 1994, Baxter’s family moved to Erie and Baxter worked as the Solicitor to the Erie County Court of Common Pleas, representing the judges on the court .[11]

Jurisprudence

Baxter has served as a federal magistrate judge for the last twenty two years.  During this time, Baxter handles pretrial matters in criminal and civil cases, as well as offering reports and recommendations to district court judges.[12]  Baxter also presides over civil cases with the consent of both parties, handling 20 cases to verdict and judgment over her tenure on the bench.[13]  Baxter has also written over 1300 opinions.[14]

Among her more prominent cases, Baxter presided over a class action suit under the Americans with Disabilities Act (ADA) challenging the lack of wheelchair ramps in many Erie intersections.[15]  Baxter certified the class of plaintiffs in the case, and presided over the entry of a consent decree to ensure compliance with the ADA.[16]  In another notable case, Baxter presided over unsuccessful settlement negotiations related to alleged Clean Air Act violations committed by the Erie Coke Corporation.[17]

Over the last twenty two years, Baxter has been reversed approximately nineteen times in over 1300 decisions she has made.[18]  In seventeen cases, Baxter’s report and recommendation was adopted by the district court, but the decision was ultimately reversed by the U.S. Court of Appeals for the Third Circuit.[19]  In two cases, Baxter’s report and recommendation was rejected by the district court, but was ultimately imposed by the Third Circuit.[20]

Political Activity

While Baxter is a Democrat, she has not been involved with any political party or campaign.[21]

Overall Assessment

Generally speaking, any nominee put forward by two administrations of different political parties is likely to be fairly uncontroversial.  Baxter is no different.  Her record on the bench reflects a close adherence to precedent and her low reversal rate suggests her relatively mainstream jurisprudence.  Furthermore, she has largely avoided controversial positions throughout her career and has the enthusiastic support of her home state senators (both of different political parties).  As such, Baxter will likely be confirmed swiftly with a strong bipartisan majority.


[1] Sen. Comm. on the Judiciary, 114th Cong., Susan Paradise Baxter: Questionnaire for Judicial Nominees 1.

[2] See id.

[3] See id. at 2.

[4] See id. 

[5] See id. at 50-51.

[6] Id.

[7] Press Release, White House, President Obama Nominates Seven to Serve on the United States District Courts (July 30, 2015) (on file at https://obamawhitehouse.archives.gov).

[8] Press Release, President Donald J. Trump Announces Ninth Wave of Judicial Nominees and Tenth Wave of United States Attorney Nominees (December 20, 2017) (on file at www.whitehouse.gov/thepressoffice).

[9] See Baxter, supra  n. 1 at 43.

[10] See Foltz v. U.S. News & World Report, Inc., Case No. 84-447 (D.D.C.).

[11] See Baxter, supra n. 1 at 43.

[12] See Baxter, supra n. 1 at 17.

[13] See id.

[14] Id.

[15] See Barrier Busters v. City of Erie, Civil Action No. 02-203 Erie.

[16] See id.

[17] Lisa Thompson, Erie Coke, Regulators Reach No Settlement: Erie Coke Case Goes to Judge After Settlement Negotiations Stall, Erie Times-News, Apr. 1, 2010.

[18] See Baxter, supra n. 1 at 33-37.

[19] See Haskell v. Superintendent Greene, SCI, Civil Action 10-249 Erie, 2015 WL 5227855 (W.D. Pa. Sept. 8, 2015), rev’d, 866 F.3d 139 (3d Cir. 2017) (reversing district court denial of writ of habeas corpus based on the state’s use of perjured testimony); Byrd v. Aaron’s, Inc., Civil Action 11-101 Erie, 2014 WL 1316055 (W.D. Pa. Mar. 31, 2014), rev’d and remanded, 784 F.3d 1154 (3d Cir. 2015) (reversing denial of class certification); Henry v. City of Erie, Civil Action 10-260 Erie, 2011 U.S. Dist. LEXIS 110562 (W.D. Pa. Sept. 28, 2011), rev’d and remanded, 728 F.3d 275 (3d Cir. 2013) (reversing denial of motion to dismiss based on qualified immunity); Tindell v. Penn., Civil Action 11-173 Erie (decision to revoke prisoner’s in forma pauperis due to three-strikes rule reversed by 3d Circuit); Torrence v. Sobina, Civil Action 10-217 Erie, 2011 WL 4473122 (W.D. Pa. Sept. 11, 2011), vacated and remanded, 455 Fed. Appx. 140 (3d Cir. Dec. 27, 2011) (reversed denial of plaintiff’s claims based on Eleventh Amendment immunity and remanded to dismiss for failure to exhaust); Mutschler v. SCI Albion CHCA, Civil Action 09-265 Erie, 2010 WL 3809849 (W.D. Pa. Sept. 23, 2010), aff’d in part and rev’d in part, 445 Fed. Appx. 617 (3d Cir. Sept. 27, 2011) (reversing dismissal of Eighth Amendment claim of deliberate indifference); DiLauri v. Mullen, Civil Action 09-198 Erie, 2011 WL 1428092 (W.D. Pa. Apr. 13, 2011), adopted by 2011 WL 2415243 (W.D. Pa. June 13, 2011), aff’d in part and vacated in part, 477 Fed. Appx. 944 (3d Cir. 2012) (reversing dismissal of plaintiff’s claims based on failure to plead involvement of defendants); Cauvel v. Schwan Home Servs. Inc., Civil Action 08-134 Erie, 2010 WL 5476698 (W.D. Pa. Dec. 31, 2010), rev’d and remanded, 458 Fed. Appx. 131 (3d Cir. Jan. 20, 2012) (reversing grant of summary judgment where genuine issue of material fact existed); Royster v. United States, Civil Action 07-228 Erie, 2010 WL 936764 (W.D. Pa. Mar. 11, 2010), rev’d and remanded, 475 Fed. Appx. 417 (3d Cir. Mar. 30, 2012) (reversing dismissal of FTCA claim for failure to exhaust); Nicholas v. Corbett, Civil Action 06-129 Erie, 2007 WL 1163694 (W.D. Pa. Apr. 18, 2007); Alston v. Forsyth, Civil Action 05-168 Erie, 2010 WL 95089 (W.D. Pa. Jan. 6, 2010), rev’d and remanded, 379 Fed. Appx. 126 (3d Cir. 2010) (reversing grant of summary judgment to defendant); Grier v. Klem, Civil Action 05-05 Erie, rev’d and remanded, 591 F.3d 672 (3d Cir. Jan. 12, 2010) (reversing dismissal of 1983 action based on intervening Supreme Court jurisprudence); Davila-Bajana v. Holohan, Civil Action 04-253 Erie, rev’d and remanded, 309 Fed. Appx. 606 (3d Cir. Feb. 5, 2009) (reversing dismissal of Eighth Amendment claim due to failure to exhaust); Armann v. Warden-McKean, Civil Action 04-118 Erie, 2006 WL 2882954 (W.D. Pa. Oct. 6, 2006), adopted by 2007 WL 1576407 (W.D. Pa. May 31, 2007), rev’d, 549 F.3d 279 (3d Cir. 2008) (reversing recommendation for evidentiary hearing in military tribunal challenge); Cooleen v. LaManna, Civil Action 04-63 Erie, rev’d and remanded, 248 Fed. Appx. 357 (3d Cir. 2007) (reversing dismissal of Eighth Amendment claim); Camp v. Brennan, Civil Action 98-180 Erie, aff’d in part and rev’d in part, 219 F.3d 279 (3d Cir. 2000) (reversing dismissal for failure to exhaust); Nelson v. Jashurek, Civil Action 95-97 Erie, rev’d and remanded, 109 F.3d 142 (3d Cir. 1997) (reversing dismissal of excessive force claim).

[20] See UPS Freight v. Nat’l Union Fire Ins. Co., Civil Action 06-137 Erie, 2007 WL 1880962 (W.D. Pa. June 26, 2007), vacated by 428 Fed. Appx. 168 (3d Cir. 2011); Jewell v. Reno, 297 F.3d 305 (3d Cir. 2002) (rejecting district court dismissal, contrary to magistrate recommendation, of plaintiff’s as-applied challenge).

[21] See Baxter, supra n. 1 at 40-41.

Judge Marilyn Horan – Nominee for the U.S. District Court for the Western District of Pennsylvania

A longtime state judge in Western Pennsylvania, this is Judge Marilyn Horan’s second chance at a federal judgeship, her first having ended in failure due to a blockade on judicial confirmations at the end of the Obama Administration.  Given the bipartisan support behind her nomination, her distinguished background, and moderate judicial record, Horan is likely to be confirmed smoothly this time around.

Background

A Western Pennsylvania native, Marilyn Jean Horan was born on September 13, 1954 in Butler, in the outskirts of Pittsburgh.[1]  When Horan was 10, her father, a foreman at Armco Steel, was killed in a lightning strike alongside three others.[2]  Horan attended Pennsylvania State University, graduating magna cum laude in 1976.  Horan continued on to the University of Pittsburgh Law School graduating with a J.D. in 1979.  As a law student, Horan interned at the Neighborhood Legal Services Association in Butler.[3]

After graduating, Horan joined the Butler law firm Murrin, Murrin & Taylor.  Three years later, Horan became a partner and the firm was renamed Murrin, Taylor, Flach & Horan.

In 1996, Horan was appointed by Republican Governor Tom Ridge to be the first female judge on the Butler County Court of Common Pleas.[4]  Horan continues to serve as a judge there today.  In addition, Horan became a Common Pleas Court Administrative Judge in October 2017.[5]

During Horan’s tenure on the Court of Common Pleas, she has received several awards and commendations from the community including the Susan B. Anthony Award from the Women’s Bar Association of Western Pennsylvania,[6] the President’s Award from the Pennsylvania Conference of State Trial Judges,[7] the Outstanding Leadership Award from the Juvenile Justice Commission,[8] and the Anne X. Alpern Award from the Pennsylvania Bar Association Commission on Women in the Profession.[9]

In 2013, Horan applied for a federal judgeship with the application committee set up by Pennsylvania’s U.S. Senators Bob Casey (D-PA) and Pat Toomey (R-PA).[10]  Horan interviewed with Toomey and his staff in early 2014 and with Casey in early 2015.[11]  In July 2015, Horan was then nominated by President Obama for a vacancy on the U.S. District Court for the Western District of Pennsylvania created by Judge Terrence McVerry’s move to senior status.[12]  While Horan had bipartisan support for the seat and was unanimously voted out of the Judiciary Committee in January 2016, she never received a floor vote and her nomination was returned at the end of the 114th Congress.

History of the Seat

The seat Horan has been nominated for opened on April 24, 2013, with the unexpected death of Judge Gary Lancaster.[13]  On July 30, 2015, President Obama nominated Judge Robert J. Colville from the Alleghany County Court of Common Pleas to fill the vacancy created by Lancaster’s death.[14]  The nomination of Colville, a Democrat, was made as a package along with Horan’s nomination to a different seat as well as the nominations of two other Democrats.

While all four nominees in the package received a hearing on December 9, 2015, Colville and fellow Democrat John Milton Younge were blocked from Judiciary Committee consideration by Chairman Chuck Grassley, who was unhappy with their support of abortion rights.[15]  As such, Colville was not voted out of Committee and was returned unconfirmed at the end of the 114th Congress.  At the same time, Horan’s nomination for the McVerry seat was also returned unconfirmed to the President.

In January 2017, Toomey and Casey indicated their support for re-nominating Horan for the Western District.[16]  Horan was interviewed by the White House Counsel’s Office on May 15, 2017 and then maintained contact with their office while the nomination remained pending for seven months.[17]  Finally, Horan was nominated for the vacancy on December 20, 2017.[18]

Legal Experience

Horan’s sole legal occupation between law school and taking the bench was serving as an attorney at the firm of Murrin, Taylor, Flach & Horan in Butler, Pennsylvania.  At the firm, Horan handled family law, civil, and small business cases, practicing almost entirely in state court.[19]

Among other matters, Horan litigated many contentious family law cases.  In one case, Horan represented a father seeking visitation rights for his unborn child over the objection of the mother.[20]  In another case, Horan represented a mother in tracking down a child from a common law marriage who was kidnapped and taken to England by the child’s father.[21]  In another notable case, Horan successfully represented a mother in regaining custody of children that she had voluntarily relinquished to her parents.[22]

Jurisprudence

Horan has served on the Butler County Court of Common Pleas for the last twenty two years.  During this time, Horan has overseen over one thousand cases to verdict and judgment.[23]  Of these cases, the vast majority (approximately 75%) are civil cases, including municipal and administrative matters and family law.[24]

On the bench, Horan’s record has been relatively mainstream with a relatively low reversal rate.  Among over one thousand cases handled by Horan over the last twenty-two years, only approximately 26 have been reversed by a higher court.[25]  In one of her more notable reversals, Horan ruled that a defendant who had committed homicide by vehicle while under the influence had to pay restitution to the insurance company that paid out a life insurance policy to the decedent.[26]  In reversing, the Pennsylvania Superior Court found that an insurer did not constitute a victim that could claim restitution under Pennsylvania law.[27]

Political Activity

Horan is a Republican, and unsuccessfully pursued a Republican Party endorsement for a Superior Court seat in 2002.[28]  However, she has not been involved with any political party or campaign other than her own judicial campaigns.[29]

Overall Assessment

As of today, Horan’s chances of a smooth confirmation look pretty high.  She has a mainstream moderate record, is well-liked by fellow attorneys and has won several awards from legal associations.  Furthermore, she has the support of her Democratic and Republican home-state senators, as well as the backing of two different Administrations.  Finally, despite over two decades on the state bench, Horan has managed to avoid any hot-button decisions or cases.  As such, Horan looks set for a relatively painless confirmation.


[1] Sen. Comm. on the Judiciary, 115th Cong., Marilyn Jean Horan: Questionnaire for Judicial Nominees 1.

[2] Karen Kane, Horan Honored as State’s Outstanding Jurist, Pittsburgh Post-Gazette, Aug. 22, 2004.

[3] See Horan, supra n. 1 at 2.

[4] See Kane, supra n. 2.

[5] See Horan, supra n. 1.

[6] Erin Giebler, Judge Horan Receives WBA Award, Alleghany County Bar Association Lawyers Journal, Mar. 3, 2006.

[7] Kane, supra n. 2.

[8] Metro, Butler County, Pittsburgh Post-Gazette, Dec. 8, 2005.

[9] Bill Vidonic, Marilyn J. Horan, Pittsburgh Tribune Review, Apr. 9, 2014.

[10] See Horan, supra n. 1 at 55.

[11] Id.

[12] Press Release, White House, President Obama Nominates Seven to Serve on the United States District Courts (July 30, 2015) (on file at https://obamawhitehouse.archives.gov).

[13] Michael Hasch and Bobby Kerlik, Gary Lancaster, Chief U.S. Judge for Western Pa, Dead at 63, Pittsburgh Tribune Live, April 24, 2013, http://triblive.com/news/adminpage/3906347-74/district-chief-died.

[14] Press Release, White House, President Obama Nominates Seven to Serve on the United States District Courts (July 30, 2015) (on file at https://obamawhitehouse.archives.gov).

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

[16] See Sen. Comm. on the Judiciary, 115th Cong., Marilyn Jean Horan: Questionnaire for Judicial Nominees 55.

[17] See id.

[18] Press Release, President Donald J. Trump Announces Ninth Wave of Judicial Nominees and Tenth Wave of United States Attorney Nominees (December 20, 2017) (on file at www.whitehouse.gov/thepressoffice).

[19] Sen. Comm. on the Judiciary, 115th Cong., Marilyn Jean Horan: Questionnaire for Judicial Nominees 47.

[20] Stroup v. Stroup (Butler County late 1980s).

[21] Jenkins v. Jenkins (Butler County approximately 1984).

[22] Cady v. Weber, 464 A.2d 423 (Pa. Super. 1983).

[23] Sen. Comm. on the Judiciary, 115th Cong., Marilyn Jean Horan: Questionnaire for Judicial Nominees 17.

[24] See id.

[25] See id. at 35-40.

[26] Commonwealth v. Opperman, CA 124 of 1999.

[27] Commonwealth v. Opperman, 780 A.2d 714 (Pa. Super. Ct. 2001).

[28] Sen. Comm. on the Judiciary, 115th Cong., Marilyn Jean Horan: Questionnaire for Judicial Nominees 45-46.

[29] See id. at 46.