If Confirmed, Baker Hostetler Partner Would Fill Last Vacancy on Texas Federal Bench
Drew Tipton, a Houston litigator nominated for the U.S. District Court for the Southern District of Texas in Corpus Christi, answered senators' questions about precedent, judicial activism and the application of federal law during a hearing Wednesday before the Senate Judiciary Committee.
February 12, 2020 at 02:19 PM
4 minute read
The original version of this story was published on Texas Lawyer
The U.S. Senate has confirmed 20 judges to the federal bench in Texas during the Trump administration, and it's now one step closer to filling the last vacancy in the Lone Star State.
Drew Tipton, a Houston litigator nominated for the U.S. District Court for the Southern District of Texas in Corpus Christi, answered senators' questions during a hearing Wednesday before the Senate Judiciary Committee. He addressed precedent, judicial activism and the application of federal law.
Sen. Ted Cruz, R-Texas, said at the hearing that Tipton advanced through Texas' bipartisan Federal Judicial Evaluation Committee, made up of experienced lawyers from across the state who vetted, interviewed and recommended the nominee for the bench.
"In this instance Mr. Tipton came through that process with flying colors, and impressed both Mr. Cornyn and myself," Cruz said. "Drew's experience as a trial advocate, and his deep history with the Southern District make him a strong and well-qualified candidate to be a judge."
Sen. Dianne Feinstein, D-California, said that Tipton and fellow nominees were rated as qualified or well qualified by the American Bar Association. She asked them to share their impression of the U.S. Supreme Court's ruling in Brown v. Board of Education.
"It was correctly decided," Tipton replied.
Sen. Chuck Grassley, R-Iowa, asked whether the nominees, if confirmed, would ever think it appropriate to rely on foreign law to apply to U.S. statutes or the U.S. Constitution.
"International law, I don't think it applies to our U.S. Constitution at all, and I would not look at it," said Tipton, adding that the only scenarios where international law might apply is if the common law had come into play, or if a contract between parties had specified that foreign law was applicable.
|Noncontroversial
Cruz asked each nominee to explain how they would define "judicial activism."
Tipton replied, "I think the way I've always thought of it is judicial activists are people who decide what the result is and then work backwards from there so they can get to it. To me, judicial modesty, which is what I think is the appropriate way, is to take the facts and law as they come, that lead logically to the conclusion, whether you like it or not from a personal perspective."
Based on the low attendance of committee members at the hearing, Tipton's approval is expected to be noncontroversial.
"I tell nominees: If every senator is in every seat when you walk into a hearing room, watch out," said Sen. John Cornyn, R-Texas, who served as the committee's chairman in the absence of Sen. Lindsey Graham, R-South Carolina. "When there's not a lot of senators in the room because of conflicting engagements and the like, that's usually a good sign for the nominee."
The hearing comes less than one month after President Donald Trump announced Tipton's nomination for the federal bench.
With Baker & Hostetler since 1999, Tipton practices labor and employment and trade secret litigation. He's head of the firm's labor and employment group in the Houston office. Tipton earned his law degree from South Texas College of Law Houston in 1994, and then clerked for U.S. District Judge John D. Rainey of the Southern District of Texas. If confirmed, Tipton would serve in the same courthouse as Rainey.
He told senators he hopes to follow in Rainey's footsteps because Rainey has great judicial characteristics of humility, modesty, kindness, ethics, integrity and a strong work ethic.
He said of his clerkship with Rainey, "I had the privilege of watching how this job should be done."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Water Cooler Discussions': US Judge Questions DOJ Request in Google Search Case
3 minute readDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
7 minute readBig Law Communications, Media Attorneys Brace for Changes Under Trump
4 minute readTrending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250