Trump nom­i­nates slate of judges to fed­eral ap­peals courts

One judge will fill Gor­such’s spot in cir­cuit court

The Washington Times Daily - - POLITICS - BY DAVE BOYER Alex Swoyer con­trib­uted to this re­port.

Pres­i­dent Trump an­nounced a new round of 11 ju­di­cial nom­i­na­tions Wed­nes­day, in­clud­ing three nom­i­nees for high­pro­file fed­eral ap­peals courts.

One of the nom­i­nees, Colorado Supreme Court Jus­tice Al­li­son H. Eid, is be­ing tapped by the pres­i­dent to fill a va­cancy on the 10th U.S. Cir­cuit Court of Ap­peals created when Jus­tice Neil M. Gor­such was con­firmed for the Supreme Court in April.

Judge Eid was on Mr. Trump’s list of con­ser­va­tive po­ten­tial Supreme Court nom­i­nees that he pre­sented to vot­ers dur­ing the pres­i­den­tial cam­paign last year. She has served on Colorado’s high court since 2006, and pre­vi­ously was the state’s so­lic­i­tor gen­eral.

“These nom­i­na­tions fol­low the suc­cess­ful nom­i­na­tion and con­fir­ma­tion of as­so­ciate Jus­tice Neil M. Gor­such to the United States Supreme Court, the suc­cess­ful nom­i­na­tion and con­fir­ma­tion of Judge Amul R. Tha­par of Ken­tucky to serve as a cir­cuit judge on the United States Court of Ap­peals for the Sixth Cir­cuit, and the nom­i­na­tion of nu­mer­ous can­di­dates to other judge­ships,” the White House said in a state­ment.

Mr. Trump also nom­i­nated U.S. Dis­trict Court Judge Ralph R. Erick­son of North Dakota to the 8th U.S. Cir­cuit Court of Ap­peals, and said he in­tends to nom­i­nate Uni­ver­sity of Penn­syl­va­nia Law School pro­fes­sor Stephanos Bibas to serve on the 3rd U.S. Cir­cuit Court of Ap­peals. Judge Erick­son has served on the dis­trict court since 2003.

The White House called Mr. Bibas, di­rec­tor of the uni­ver­sity’s Supreme Court Clinic, “one of the na­tion”s lead­ing ex­perts in crim­i­nal law and pro­ce­dure.” He has ar­gued six cases be­fore the Supreme Court, taught at the Uni­ver­sity of Chicago Law School and served from 1998 to 2000 as an as­sis­tant U.S. At­tor­ney in the South­ern Dis­trict of New York.

At least two of the nom­i­nees, Judge Eid and Mr. Bibas, are listed as le­gal “ex­perts” by the con­ser­va­tive Fed­er­al­ist So­ci­ety, which has ad­vised Mr. Trump on ju­di­cial nom­i­na­tions. Car­rie Sev­erino, chief coun­sel and pol­icy di­rec­tor of the Ju­di­cial Cri­sis Net­work, called the lat­est wave of nom­i­nees “a fan­tas­tic list.”

“Many of the nom­i­nees are well known in the con­ser­va­tive le­gal move­ment and have shown com­mit­ment to prin­ci­pled and even­handed ap­pli­ca­tion of the law through­out their ca­reers,” she said. “For the many Amer­i­cans whose top con­cern in Novem­ber was elect­ing a pres­i­dent who would put com­mit­ted con­sti­tu­tion­al­ists to the courts, this is an­other ma­jor vic­tory.”

With those three nom­i­na­tions, Mr. Trump has 11 fed­eral ap­peals court va­can­cies re­main­ing to fill. Five other cir­cuit court nom­i­nees are await­ing con­fir­ma­tion hear­ings.

“Pres­i­dent Trump con­tin­ues to put for­ward su­perla­tive ju­di­cial nom­i­nees with ster­ling cre­den­tials and im­pres­sive in­tel­lects,” said Jonathan Adler, di­rec­tor of the Cen­ter for Busi­ness Law & Reg­u­la­tion at Case West­ern Re­serve Uni­ver­sity School of Law. “It’s es­pe­cially no­table that Pres­i­dent Trump con­tin­ues to pick cur­rent and for­mer aca­demics for the ap­pel­late bench — more so than any re­cent pres­i­dent. This will only mag­nify the im­pact his nom­i­nees are likely to have on the fed­eral courts.”

The pres­i­dent also an­nounced his in­ten­tion Wed­nes­day to nom­i­nate eight can­di­dates for other ju­di­cial posts. They are:

● Michael P. Allen of Florida to serve as a judge on the U.S Court of Ap­peals for Vet­er­ans Claims. He is a law pro­fes­sor and di­rec­tor of the Vet­er­ans Law In­sti­tute at Stet­son Uni­ver­sity Col­lege of Law in Gulf­port, Florida. The White House called him “a rec­og­nized ex­pert on the law of vet­er­ans’ ben­e­fits.”

● Claria Horn Boom of Ken­tucky to serve as a dis­trict judge on the U.S. Dis­trict Courts for the Eastern and West­ern Dis­tricts of Ken­tucky. Cur­rently a part­ner in the Lex­ing­ton of­fice of Frost Brown Todd LLC, Ms. Horn Bloom also served as an as­sis­tant U.S. At­tor­ney in the Eastern and West­ern Dis­tricts of Ken­tucky, and be­fore that, prac­ticed at King & Spald­ing in At­lanta, Ge­or­gia.

● Dab­ney L. Friedrich of Wash­ing­ton, D.C., to serve as a dis­trict judge on the U.S. Dis­trict Court for the Dis­trict of Columbia. Ms. Friedrich most re­cently served as a com­mis­sioner on the U.S. Sen­tenc­ing Com­mis­sion. She also served as an as­so­ciate coun­sel to the pres­i­dent dur­ing the Ge­orge W. Bush ad­min­is­tra­tion, and as chief crime coun­sel to Sen. Or­rin G. Hatch, Utah Repub­li­can. She also has worked as an as­sis­tant U.S. At­tor­ney in the Eastern Dis­trict of Virginia, as a trial at­tor­ney at the De­part­ment of Jus­tice, and as an as­sis­tant U.S. At­tor­ney in the South­ern Dis­trict of Cal­i­for­nia.

● Ti­mothy J. Kelly of Wash­ing­ton, D.C., to serve as a dis­trict judge on the U.S. Dis­trict Court for the Dis­trict of Columbia. Mr. Kelly is chief coun­sel for na­tional se­cu­rity and se­nior crime coun­sel to Se­nate Ju­di­ciary Com­mit­tee Chair­man Charles Grass­ley, Iowa Repub­li­can. Ear­lier in his ca­reer, he spent a decade as a fed­eral prose­cu­tor.

● Trevor N. McFad­den of Virginia to serve as a dis­trict judge on the U.S. Dis­trict Court for the Dis­trict of Columbia. Mr. McFad­den is a deputy as­sis­tant At­tor­ney Gen­eral in the crim­i­nal divi­sion of the De­part­ment of Jus­tice.

● Amanda L. Mered­ith of Virginia to serve as a judge on the U.S. Court of Ap­peals for Vet­er­ans Claims. Ms. Mered­ith is deputy staff di­rec­tor and gen­eral coun­sel of the Se­nate Com­mit­tee on Vet­er­ans’ Af­fairs. She pre­vi­ously served as gen­eral coun­sel to the Vet­er­ans’ Af­fairs panel.

● Stephen S. Schwartz of Virginia to serve as a judge on the U.S. Court of Fed­eral Claims. He is a part­ner at Schaerr Dun­can LLP in D.C, where he lit­i­gates civil, con­sti­tu­tional, and ad­min­is­tra­tive law mat­ters in fed­eral courts, in­clud­ing the Supreme Court. Mr. Schwartz pre­vi­ously served as coun­sel at Cause of Ac­tion, a pub­lic in­ter­est law firm based in Wash­ing­ton.

● Joseph L. Toth of Wis­con­sin to serve as a judge on the U.S. Court of Ap­peals for Vet­er­ans Claims. Mr. Toth is a vet­eran of the Judge Ad­vo­cate Gen­eral Corps of the U.S. Navy. In 2011, he served as a field of­fi­cer in the Rule of Law Field Force Afghanistan, where he was sta­tioned with the U.S. Army’s 10th Moun­tain Divi­sion in the Zhari Dis­trict of Afghanistan. While there, the White House said, Mr. Toth “part­nered with Afghan pros­e­cu­tors to estab­lish the rule of law in the dis­trict where the Tal­iban was formed, and he was awarded the Joint Ser­vice Com­men­da­tion Medal for his ser­vice.”

In ad­di­tion, the pres­i­dent is ex­pected to an­nounce the nom­i­na­tion of Claria Horn Boom of Ken­tucky to serve as a dis­trict judge on the U.S. Dis­trict Courts for the Eastern and West­ern Dis­tricts of Ken­tucky. Cur­rently a part­ner in the Lex­ing­ton of­fice of Frost Brown Todd LLC, Ms. Horn Bloom also served as an as­sis­tant U.S. At­tor­ney in the Eastern and West­ern Dis­tricts of Ken­tucky, and be­fore that, prac­ticed at King & Spald­ing in At­lanta, Ge­or­gia.

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