St. Sen. Mark Norris – Nominee to the U.S. District Court for the Western District of Tennessee

While the federal judicial appointment process is political, it is unusual for politicians to directly be appointed to the judiciary.  As such, Mark Norris, the Majority Leader of the Tennessee State Senate, has a unique background as a nominee.  While other judges such as Judge Orlando Luis Garcia, Judge Henry Floyd, and Judge William J. Ray have stints as legislators, they all had judicial experience prior to their nominations.  Norris does not.

Background

Mark Saalfield Norris Jr. was born on July 9, 1955 in Akron, Ohio.  Norris received a Bachelor of Arts degree from Colorado College in 1977 and went onto earn his J.D. from the University of Denver College of Law in 1980.  After graduating, Norris joined the Memphis office of Armstrong Allen PLLC. as an associate, working in Tennessee state and federal court litigation.  In 1987, Norris became a partner at the firm.

In 1994, Norris was elected to the Shelby County Commission, which establishes policy and taxation for Shelby County (which covers Memphis).  Norris served on the Commission until 2000, with a stint as the Chairman from 1996 to 1997.

In 2000, Norris was elected to the Tennessee State Senate to represent District 32, representing the heavily Republican Memphis suburbs.  In 2006, Norris was elected to be the Chairman of the Senate Republican Caucus, and upon the election of Republicans to the Tennessee Senate Majority, Norris was elected Majority Leader in 2007.  He continues to hold that position.

In 2006, Norris left his partnership at Armstrong Allen, and joined Adams and Reece LLP. as a Special Counsel.  He continues to hold this position.

History of the Seat

Norris has been nominated to a seat on the U.S. District Court for the Western District of Tennessee.  This seat opened on March 18, 2017, when Judge Daniel Breen moved to senior status.  In February 2017, Norris was contacted by Sen. Lamar Alexander (R-TN) to gauge his interest in a federal judicial vacancy.  After Norris confirmed his interest, he interviewed with the White House in March 2017 and was declared the presumed candidate.  Norris was formally nominated on July 13, 2017.

Legal Experience

Setting aside his stint in the state legislature and on the Shelby County Commission, Norris has practiced law at two firms: Armstrong Allen PLLC. and Adams & Reece LLP.  In both positions, Norris handled a general civil litigation practice, focusing on personal injury, commercial, and other civil claims, including insurance defense.  Over the course of his career, Norris has been counsel of record in approximately 600 cases.  For example, Norris served as Chief Counsel for a couple who sued Memphis after the wife broke her ankle near a city library.[1]  Norris also defended various municipalities based on a provision in the Tennessee Constitution requiring all consolidation of municipalities to have a majority of residents both within and without the municipality.[2]

State Legislative Service

As noted above, Norris has served in the Tennessee State Senate since 2000, and as the Majority Leader since 2007.  In this capacity, Norris helps lead the Senate’s agenda, and has ignited controversy in two areas in particular: LGBT rights; and Refugee Resettlement.

LGBT Rights

In 2017, Norris supported a measure that would redefine terms in state law to their “natural and ordinary meaning”, a measure widely viewed as attempting to counter-act the Supreme Court’s decision legalizing same-sex marriage.[3]  Norris was also part of a group of 53 Republican legislators who sought to intervene in a same-sex divorce case in Knoxville, arguing that they had an interest in the interpretation of the state’s marriage laws.[4]

Refugee Resettlement

Norris has been accused by some of anti-Muslim animus by some organizations based on his strong opposition to the settling of Syrian refugees in Tennessee.[5]  In 2016, Norris sponsored a resolution in the Tennessee Senate demanding that the Attorney General file suit to block the resettlement of refugees in Tennessee.[6]  In defending his actions, Norris cited a news study from the alt-right website Breitbart stating that 27% of refugees resettled in Tennessee between 2011 and 2015 tested positive for latent tuberculosis, noting:

“Public health is at risk, and doing nothing is not an option.”[7]

Norris neglected to mention the fact that, even if the Breitbart sources are accurate, latent tuberculosis is not contagious.[8]

Overall Assessment

There is generally good reason why state legislators are not directly appointed to the federal bench.  As legislating is inherently political, legislators invariably have a long record of controversial actions that can be mined for opposition.  Unfortunately for him, Norris does as well.  Norris’ strong conservative record in the Tennessee Senate and his rhetoric on same-sex marriage and refugee resettlement will certainly be used by opponents to paint him as a bigot.

However, Norris benefits from his thirty seven year long practice history.  He can argue that his representation of personal injury plaintiffs as well as defendants shows a willingness to understand both sides of the law.  Furthermore, Norris benefits from his strong endorsement from Alexander and Sen. Bob Corker (R-TN).

With Republicans in the majority, Norris remains the odds-on favorite for confirmation.  However, if he fails to adequately address concerns about his views or doubles-down at his hearing, all bets are off.


[1] See Cross v. City of Memphis, Case No. 72984 (Circuit Court of Shelby County), rev’d and remanded, 20 S.W.3d 642 (Tenn. 2000).

[2] Tigrett et al. v. Robert Cooper. et al., 7 F. Supp. 3d 792 (W.D. Tenn. 2014), dismissed as moot, 595 F. App’x 554 (6th Cir. 2014).

[3] Jake Lowary, Senate Passes ‘Natural, Ordinary Meaning’ Bill Slammed by LGBT Groups as Discriminatory, Tennessean, April 27, 2017, http://www.tennessean.com/story/news/politics/2017/04/27/senate-passes-natural-ordinary-meaning-bill-slammed-lgbt-groups-discriminatory/100976184/.  

[4] Tom Humphrey, 53 GOP Legislators Want to Intervene in Same-Sex Divorce, Humphrey on the Hill, Sept. 12, 2016, http://knoxblogs.com/humphreyhill/2016/09/12/53-gop-legislators-want-intervene-sex-divorce/.  

[5] See, e.g. Alliance for Justice, AFJ Nominee Report: Mark Norris, https://www.afj.org/wp-content/uploads/2017/10/AFJ-Norris-Report.pdf.

[6] See Tom Humphrey, Legislators Challenge Refugee Resettlement on Public Health Grounds, Knoxville News Sentinel, June 19, 2016, http://archive.knoxnews.com/news/politics/legislators-challenge-refugee-resettlement-on-public-health-grounds-35a811e3-cf1d-4759-e053-0100007f-383569751.html/.  

[7] See id.

[8] See Latent Tuberculosis, https://en.wikipedia.org/wiki/Latent_tuberculosis (last visited Nov. 1, 2017).

Tommy Parker – Nominee to the U.S. District Court for the Western District of Tennessee

Thomas Lee Robinson Parker, professionally known as “Tommy”, is a prominent Memphis attorney, having served as the president of the Memphis Bar Association.  With a varied legal background including substantive litigation experience, Parker should face little trouble being confirmed quickly.

Background

Tommy Parker received a Bachelor of Science degree from the University of South Carolina in 1985 and went onto earn his J.D. from Vanderbilt University Law School in 1989.  After graduating, Parker joined the Memphis law firm, Waring Cox PLC. as an associate, working in Tennessee state and federal court litigation.

In 1996, Parker was hired by U.S. Attorney Veronica F. Coleman to serve as a federal prosecutor.  As an Assistant U.S. Attorney for the Western District of Tennessee, Parker handled both trial and appellate criminal matters, including drug and white collar cases.

In 2005, Parker left the U.S. Attorney’s office to join the Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. as a Shareholder.[1]  Parker currently serves in the same capacity.

History of the Seat

Parker has been nominated to a seat on the U.S. District Court for the Western District of Tennessee.  This seat opened on July 1, 2015, when Judge Samuel Mays moved to senior status.  Approximately six weeks before Mays moved to senior status, President Obama nominated Edward Stanton, the then-U.S. Attorney in the district, to fill the judgeship.[2]  Stanton, who had the strong support of Republican Tennessee Senators Lamar Alexander and Bob Corker,[3] received a hearing on September 30, 2015, with the Committee unanimously approving his nomination on October 29.  However, despite there being no objections to his nomination, Stanton was blocked from a floor vote by Senate Majority Leader Mitch McConnell,[4] ultimately being returned unconfirmed at the end of the 114th Congress.

President Trump declined to renominate Stanton for the seat, instead nominating Parker on July 13, 2017.

Legal Experience

Parker began his legal career as a litigation associate at Waring Cox, PLC., representing corporations in tort claims.  Early in his career, Parker was part of the legal team defending a fire equipment company and its salesman against tort claims brought by a fireman injured by the equipment.[5]  Parker also defended stair manufacturers against claims by a worker injured by falling off their equipment, unsuccessfully arguing before the Tennessee Supreme Court that his clients should be able to plead the contributory negligence of the plaintiff’s employer as an affirmative defense.[6]

In 1996, Parker became a federal prosecutor.  In this capacity, Parker represented the federal government in criminal proceedings, including responding to motions to suppress,[7] and defending government intent to seek the death penalty.[8]  Parker also had the opportunity to represent the government in appeals before the U.S. Court of Appeals for the Sixth Circuit.[9]  For example, Parker successfully argued that cops did not exceed the scope of a traffic scope in searching a vehicle.[10]

In 2005, Parker left prosecution to flip to the other side, working as a criminal defense attorney in white collar criminal cases.  Parker also represented corporations in defending against government investigations,[11] and RICO claims.[12]  Parker has also taken on some cases representing plaintiffs.  For example, in one case, Parker represented the heirs of a decedent beaten to death by the Memphis police.[13]

Political Activity

Parker has been active in the local Republican Party, serving on the Steering Committee of the Republican Party of Shelby County from 2009-2014, and serving as the Party’s counsel during the 2016 election.  Parker has also been a generous donor to Tennessee Republicans, donating $2000 to Alexander, $1750 to Corker, and $1800 to Rep. David Kustoff (R-TN).[14]  Parker has also contributed to national Republicans, giving to the presidential campaigns of Mitt Romney and John Kasich, as well as to the Republican National Committee.[15]

Overall Assessment

There is no such thing as a “sure thing” when it comes to judicial nominations.  After all, in a universe where well-credentialed, moderate nominees were swiftly approved, this vacancy would have been filled two years ago with the confirmation of Edward Stanton.  Nevertheless, Parker’s strong legal experience, connections in the Memphis legal community, and mainstream politics makes him a likely candidate for the federal bench.

With his confirmation, Tennessee litigants can expect the addition of another moderate-conservative to the Western District bench.


[1] The Bulletin Board, Department: News About TBA Members, 41 Tenn. B.J. 10, 11 (February 2005).

[2] Press Release, White House, President Obama Nominates Edward L. Stanton III to Serve on the United States District Court for the Western District of Tennessee (May 21, 2015) (on file at https://obamawhitehouse.archives.gov).  

[3] The Leadership Conference, These Republican Senators Want Their Judicial Nominees Confirmed. Majority Leader McConnell Isn’t Listening, Medium, Aug. 4, 2016, https://medium.com/@civilrightsorg/these-republican-senators-want-their-judicial-nominees-confirmed-1d87e6bfc615.

[4] The Leadership Conference, Mitch McConnell Tried Skipping Over the Two Longest-Waiting Judicial Nominees. They’re Both Black Men, Medium, Sept. 9, 2016, https://medium.com/@civilrightsorg/mitch-mcconnell-tried-skipping-over-the-two-longest-waiting-judicial-nominees-208b6f7cdbb.  

[5] See Richmond v. Adelman, 1991 Tenn. App. LEXIS 572 (Tenn. App. July 24, 1991).

[6] Ridings v. The Ralph Parsons Co. et al., 914 S.W.2d 79 (Tenn. 1996).

[7] See, e.g., United States v. Ramirez, 115 F. Supp. 2d 918 (W.D. Tenn. 2000) (denying motion to suppress based on warrantless search of vehicle).  

[8] See, e.g., United States v. Haynes, 269 F. Supp. 2d 970 (W.D. Tenn. 2003) (denying motion to strike gov’t notice of intent to seek death penalty).

[9] See United States v. Brown, 276 F.3d 211 (6th Cir. 2002); United States v. Saucedo, 226 F.3d 782 (6th Cir. 2000); United States v. Wellman, 185 F.3d 651 (6th Cir. 1999); United States v. Gibson, 135 F.3d 1124 (6th Cir. 1998); United States v. Weaver, 126 F.3d 789 (6th Cir. 1997); United States v. Comer, 93 F.3d 1271 (6th Cir. 1996).

[10] See United States v. Villanueva, 89 Fed. Appx. 584 (6th Cir. 2004).

[11] See, e.g., United States v. UT Medical Group, Inc. et al., 2010 WL 11493930 (W.D. Tenn. Jan. 27, 2010).

[12] See, e.g., Duvall v. Ecoquest Intern., Inc., 2007 WL 2811052 (E.D. Mo. Sept. 24, 2007).

[13] Buckley v. City of Memphis, 2005 WL 6737964 (W.D. Tenn. Feb. 9, 2005).

[15] See id.