Senate confirms Phipps to U. S. Court of Appeals
WASHINGTON — The 3rd U. S. Court of Appeals has a full bench for the first time since 2012.
Judge Peter Phipps of the Western District of Pennsylvania was confirmed Tuesday to the appellate court based in Philadelphia, making it the first court that President Donald Trump has flipped.
The 56- 40 vote came over the objection of Democrats who were concerned that Judge Phipps has no criminal trial experience, that he has only eight months of judicial experience in the Western District, and that U. S. Sen. Bob Casey, D- Pa., did not support his nomination.
Judge Phipps, 46, wasn’t focused on his detractors Tuesday afternoon, though. He was just happy to have been confirmed. He spent the afternoon juggling congratulatory phone calls in his Western District chambers and planning a quiet celebration at home with his wife and children.
“It’s just an absolute honor and privilege to be selected for this position, and I will do my absolute best to fulfill the duties and obligations for the position,” Judge Phipps said in a telephone interview. “It’s just wonderful. I’m deeply honored. It’s wonderful to be a career public servant.”
Judge Phipps previously served as a senior litigator in the federal programs of the Department of Justice’s Civil Division and as a civil litigator at the Jones Day law firm.
“While handling sensitive and high- profile cases in the federal programs branch, Judge Phipps left a lasting impression on colleagues and opposing counsel alike,” Senate Majority Leader Mitch McConnell, R- Ky., said in a floor speech. “Litigators who worked both with him and against him have written the Senate to praise his piercing intellect, deep knowledge of the law, and personable relations with everyone in the courtroom.”
Mr. Casey was not among his supporters, although he has said that the judge has character, intellect and integrity. The senator has expressed concerns about Judge Phipps’ “judicial and constitutional philosophy” and refused to sign off on his nomination.
The court now has six active judges nominated by Democratic presidents and eight by Republicans — four of those by Mr. Trump.
“These four appointees will generally make the court more ideologically conservative than it has been, although it will depend on the specific issue being decided,” said Carl Tobias, a University of Richmond professor of law who tracks judicial nominations.
The three- judge panels hearing cases will comprise two GOP nominees and one Democratic nominee, he said.
“These phenomena will help the GOP shape federal courts, especially the 3rd Circuit, a
campaign pledge that Trump has kept,” Mr. Tobias said. “This matters because the appeals courts are the courts of last resort for 99% of cases … and some of these cases involve critical issues, such as religious freedom, immigration, capital punishment and reproductive freedom.”
Why Courts Matter PA opposed the confirmation, saying it was troubled by Judge Phipps’ lack of judicial experience, his “extreme conservative ideology,” and his handling of cases involving gay rights, including one in which he suggested gay service members harm unit cohesion.
The confirmation “is an affront to the citizens of Pennsylvania who have advocated against the Trump administration’s string of problematic judicial nominees with extreme ideologies making them unfit to be impartial arbiters for all,” said the advocacy group’s campaign director, Kadida Kenner.
Democrats including Sen. Chris Coons of Delaware said they could not support the nomination without consent of the nominee’s home - state senator.
By Senate tradition, votes are usually not scheduled unless both home- state senators sign blue slips of paper signifying their support. Mr. Casey refused to return his blue slip, but U. S. Sen. Pat Toomey, R- Pa., did because, he said later, of Judge Phipps’ reputation for integrity, trustworthiness, humility, brilliance and professionalism.
Judge Phipps will fill a vacancy created last year when Judge Thomas Venaskie took senior status.
Because of a series of retirements and confirmations, the 14- judge court hasn’t had a full complement for six years.
Judge Phipps said he plans to remain a resident of Pittsburgh while he serves on the appellate court, which convenes much less frequently than the Western District. He wasn’t sure Tuesday when he would end his work in the Western District and officially start his work on the 3rd Circuit.
The 3rd Circuit hears cases on appeal from Pennsylvania, New Jersey, Delaware and the Virgin Islands.