{"id":10754,"date":"2017-12-01T20:08:44","date_gmt":"2017-12-02T01:08:44","guid":{"rendered":"http:\/\/journals.law.harvard.edu\/crcl\/?p=10754"},"modified":"2017-12-01T20:08:44","modified_gmt":"2017-12-02T01:08:44","slug":"president-trumps-legacy-his-lifetime-appointments-to-the-federal-bench","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/crcl\/president-trumps-legacy-his-lifetime-appointments-to-the-federal-bench\/","title":{"rendered":"President Trump\u2019s Legacy: His Lifetime Appointments to the Federal Bench"},"content":{"rendered":"

In stark contrast to his difficulties advancing his legislative agenda, President Trump has been widely successful in nominating judges to fill the more than 100 vacancies<\/a> in the federal judiciary. Presently, almost one-sixth of federal judgeships need to be filled. Seizing this opportunity, President Trump and the Republican majority in the Senate have taken steps to expedite the nomination and appointment process. For instance, the Trump administration has chosen not to consult the independent committee of the American Bar Association<\/a>, which has provided evaluations for judicial nominations for every administration since 1953, save the current one and that of George W. Bush. In addition, the Senate Judiciary Committee has started to move ahead<\/a> with hearings for nominees who do not have the approval of their home-state Senators. While it is not unheard of to disregard this 100-year-old tradition for circuit court judges, it is worth noting that Senator Chuck Grassley, Chairman of the Senate Judiciary Committee, had previously refused<\/a> to grant a hearing to four of former President Obama\u2019s circuit court nominees because it would require deviating from this very tradition.<\/p>\n

Because of this expedited process, it is even more important that the American people are paying attention to who is receiving these lifetime judicial appointments. Below are descriptions of the legal backgrounds and some highlights from the civil rights records of President Trump\u2019s federal circuit court nominees who have received Senate approval. In addition to those below, President Trump has nominated 10 others<\/a> to circuit court positions and 41 individuals<\/a> to U.S. district courts, 5 of which have been approved. These summaries are not exhaustive descriptions of each nominee\u2019s civil rights record. Rather, I hope they will encourage readers to investigate further the backgrounds of future judges whose civil rights philosophies may affect the United States for decades to come. (This information is current as of November 25, 2017.)<\/p>\n

 <\/p>\n

Name<\/strong>: Amul R. Thapar<\/p>\n

Nomination<\/strong>: March 21, 2017<\/p>\n

Confirmation<\/a><\/strong>: May 25, 2017 (Senate Vote: 52 – 44)<\/p>\n

Position<\/strong><\/a>: United States Circuit Judge for the Sixth Circuit<\/p>\n

Bio<\/strong>graphy<\/strong>:<\/a> Judge Amul R. Thapar, son of Indian immigrants<\/a>, has served as a District Court Judge for the Eastern District of Kentucky for the past 9 years. During that time he also taught at multiple law schools, including the University of Virginia School of Law. Prior, he served as a United States Attorney in the Eastern District of Kentucky for a year and a half. He is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: Judge Thapar has shown alarmingly regressive views toward criminal sentencing. Relying anecdotally on his time as a prosecutor, Thapar believes<\/a>, \u201c[t]he way to stop recidivism is to keep the recidivists in jail.\u201d Notable are a number of reversals, handed down by the 6th<\/sup> Circuit, of Judge Thapar\u2019s decisions denying access to justice<\/a> for prisoners. It has been noted<\/a> positively that Judge Thapar has a record of letting the jury decide civil cases, reaffirming a civil plaintiff\u2019s right to a jury trial.<\/p>\n

 <\/p>\n

Name<\/strong>: John Kenneth Bush<\/p>\n

Nomination<\/strong>: May 08, 2017<\/p>\n

Confirmation<\/a>:<\/strong>\u00a0July 20, 2017 (Senate Vote: 51 – 47)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Sixth Circuit<\/p>\n

Biography<\/strong><\/a>: John Kenneth Bush of Anchorage, Kentucky graduated from Harvard Law School in 1989. After a clerkship on the Eighth Circuit, he was an associate at Gibson, Dunn, and Crutcher LLP for six years. For the past 21 years, he has worked for the law firm of Bingham Greenebaum Doll LLP. He is considered \u201cQualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: Bush has an abysmal record toward civil rights. He has compared slavery and abortion, deeming these the \u201ctwo greatest tragedies of our country.\u201d Additionally, he believes<\/a> that the Supreme Court precedent affording protection to the press<\/a> from libel actions by a public official was wrongly decided, from an originalist perspective. Bush is in favor of strengthening<\/a> the First Amendment protection of corporation\u2019s political speech. Further, Bush has been cited<\/a> for exposing concerning views on LGBTQ issues, police brutality, and voter fraud.<\/p>\n

\u00a0<\/strong><\/p>\n

Name<\/strong>: Kevin Christopher Newsom<\/p>\n

Nomination<\/strong>: May 08, 2017<\/p>\n

Confirmation<\/strong><\/a>: August 1, 2017 (Senate Vote: 66 – 31)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Eleventh Circuit<\/p>\n

Biography<\/a><\/strong>: Kevin Newsom started his law career at Covington & Burling LLP. He went on to clerk for Justice Souter on the US Supreme Court. Newsom served as the Soliciter General of Alabama for four years before moving on to another law firm. While at Bradley Arant Boult Cummings LLP, Newsom also worked as a law school professor. He is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: As Solicitor General of Alabama, Newsom took a number of troubling stances in cases in front of the U.S. Supreme Court, including arguing against allowing individuals to bring racial discrimination claims. Newsom has also spent considerable time and effort defending Alabama\u2019s death penalty, even remarking that he \u201cexpressed regret at the Supreme Court\u2019s ruling that it is unconstitutional to execute juveniles.\u201d<\/a><\/p>\n

\u00a0<\/strong><\/p>\n

Name<\/strong>: Ralph R. Erickson<\/p>\n

Nomination<\/strong>: June 07, 2017<\/p>\n

Confirmation<\/strong><\/a>: September 28, 2017 (Senate Vote: 95 – 1)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Eighth Circuit<\/p>\n

Biography<\/a><\/strong>: Ralph Erickson began his career as a prosecutor in 1984. For the past 24 years he has served as a judge in North Dakota, first as a County Magistrate, District Judge for the State of North Dakota, and finally as a federal District Judge for the District of North Dakota. He is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong><\/a>: Judge Erickson has decided a number of cases in favor of Native American rights, including issuing a preliminary injunction to prevent a North Dakota county from closing three-quarters of polling places on the Spirit Lake Reservation. Judge Erickson has also refused to grant summary judgment for police officers claiming qualified immunity allowing multiple cases involving alleged use of excessive force to go to trial.<\/p>\n

\u00a0<\/strong><\/p>\n

Name<\/strong>: Amy Coney Barrett<\/p>\n

Nomination<\/strong>: May 08, 2017<\/p>\n

Confirmation<\/strong><\/a>: October 31, 2017 (Senate Vote: 55 \u2013 43)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Seventh Circuit<\/p>\n

Biography<\/a><\/strong>: Amy Barrett has been a professor at Notre Dame Law School for the past 15 years. Professor Barrett has also worked as an associate at Miller, Cassidy, Larroca, & Lewin L.L.P. (now Baker Botts L.L.P.). After graduating from Notre Dame Law School in 1997, Professor Barrett clerked on the U.S. Court of Appeals for the D.C. Circuit and for Justice Antonin Scalia. She is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: Several reproductive and health rights organizations have raised concerns<\/a> over Barrett\u2019s views on women\u2019s reproductive rights. These groups have concerns<\/a> about Barrett\u2019s views that the Affordable Care Act\u2019s contraceptive policy is an assault on religious liberty and that Roe v. Wade<\/em> was incorrectly decided. These views are likely based on Barrett\u2019s strong Catholic faith, which has also led her to be morally opposed<\/a> to the death penalty.<\/p>\n

 <\/p>\n

Name<\/strong>: Joan Louise Larsen<\/p>\n

Nomination<\/strong>: May 08, 2017<\/p>\n

Confirmation<\/strong><\/a>: November 1, 2017 (Senate Vote: 60 \u2013 38)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Sixth Circuit<\/p>\n

Biography<\/strong><\/a>: Justice Joan Louise Larsen has served as a Michigan Supreme Court Justice since 2015. She has also served as a member of the University of Michigan Law School for the past 20 years. Prior to her time as a professor, Justice Larsen was an associate at Sidley Austin LLP. She clerked for the U.S. Court of Appeals for the D.C. Circuit and for Justice Antonin Scalia. She is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: When Justice Larsen was running for a position on the Michigan Supreme Court, the ACLU of Michigan raised concerns<\/a> that she was involved in drafting a number of memos on habeas corpus, wiretapping, enhanced interrogation, and indefinite detention during her time at the Department of Justice. Justice Larsen has claimed that she was not involved with the memos on enhanced interrogation, though the memos have not been disclosed. Some concerns were raised at Justice Larsen\u2019s confirmation hearing about a number of advertisements supporting her nomination paid for by a group furthering corporate interests. In response, Justice Larsen insisted<\/a> that her record reflects a \u201c50\/50\u201d split between corporate and individual interests.<\/p>\n

 <\/p>\n

Name<\/strong>: Allison H. Eid<\/p>\n

Nomination<\/strong>: June 07, 2017<\/p>\n

Confirmation<\/a><\/strong>: November 2, 2017 (Senate Vote: 56 \u2013 41)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Tenth Circuit<\/p>\n

Biography<\/a><\/strong>: Justice Allison Eid has served on the Supreme Court of Colorado for the past 11 years. She has also taught at the University of Colorado School of Law and served as Solicitor General in the Office of the Colorado Attorney General for a year. After graduating from the University of Chicago Law School, Eid clerked first on the Fifth Circuit and then for Justice Clarence Thomas. She is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: Justice Eid dissented in a case<\/a> in 2012 that approved a congressional redistricting map which made a number of congressional districts more competitive. As a big supporter of tort reform, her desire to curtail large settlements could be seen<\/a> as favoring corporate interests over the rights of individuals to recover damages.<\/p>\n

 <\/p>\n

Name<\/strong>: Stephanos Bibas<\/p>\n

Nomination<\/strong>: June 19, 2017<\/p>\n

Confirmation<\/a><\/strong>: November 2, 2017 (Senate Vote: 53 \u2013 43)<\/p>\n

Position<\/a><\/strong>: United States Circuit Judge for the Third Circuit<\/p>\n

Biography<\/a><\/strong>: Stephanos Bibas has served as a law school professor for the past 16 years at the University of Pennsylvania and the University of Iowa. Starting his legal career at Covington & Burling, Professor Bibas went on to clerk for Justice Anthony Kennedy of the U.S. Supreme Court and served as an Assistant U.S. Attorney for the Southern District of New York. He is considered \u201cWell Qualified\u201d<\/a> by the ABA.<\/p>\n

Civil Rights Record Highlights<\/strong>: Professor Bibas has argued<\/a> for the right of non-citizen defendants faced with with a plea deal to receive information about deportation. He has also written extensively<\/a> about the criminal justice system, including calling for plea-bargaining and prison reform. However, Professor Bibas has also written an article for the National Review in which he painted the racial underpinnings of mass incarceration as a \u201cracist conspiracy\u201d<\/a> that didn\u2019t exist. In the same article, Bibas wrote of the personal responsibility that criminals have for their positions and the need to reform a system that creates a \u201cpermanent second-class status for ex-cons.\u201d<\/a><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

In stark contrast to his difficulties advancing his legislative agenda, President Trump has been widely successful in nominating judges to 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