Trump Poised to Flip 11th Circuit to GOP Majority After Nominees Cruise Through Hearing
Florida Supreme Court Justices Barbara Lagoa and Andrew Luck faced little pushback from members of the U.S. Senate Judiciary Committee at their nomination hearing.
October 16, 2019 at 01:01 PM
5 minute read
The original version of this story was published on National Law Journal
Two Florida Supreme Court justices are poised for a smooth U.S. Senate confirmation to seats on the U.S. Court of Appeals for the Eleventh Circuit after a speedy Judiciary Committee hearing Wednesday.
Justices Barbara Lagoa and Andrew J. Luck, who both practiced in Miami, faced little pushback from committee members of the Senate Judiciary Committee during their confirmation hearing as they fielded questions about judicial activism and how they would approach precedent as members of the federal judiciary.
President Donald Trump tapped both justices last month for seats on the Atlanta-based circuit bench. That announcement came shortly after speculation began that the circuit would shift to the right as Judges Stanley Marcus and Gerald Tjoflat take senior status.
A handful of committee Democrats — Sens. Amy Klobuchar, Kamala Harris and Cory Booker — were at the Democratic presidential debate in Ohio Tuesday night and did not attend the hearing. Sen. Chris Coons, another member of the panel, also attended the debate and did not question the nominees.
Committee Republicans took the lead, asking the nominees about what they believed to be a "judicial activist" and how they might interpret the U.S. Constitution as they review federal laws.
"The definition of a judicial activist is a judge who rules based on their personal preference or policy preference regardless of what the law calls for," Lagoa said.
Lagoa said there have been times when she personally disagreed with an opinion she wrote but felt bound by what statutes say in issuing her rulings.
When asked about how legislative history should be used in rulings, Luck said he struggles with using legislative history as a main point in determining the intent of a statute because a single statement by one lawmaker is not necessarily approved by Congress.
"The text is what is passed by the Congress," he said.
Committee chairman Lindsey Graham also noted both nominees, as members of an appeals court, could have the opportunity to overturn precedent.
"If somebody is challenging precedent, you'll give them their day in court?" Graham asked. Both nominees said they "absolutely" would.
Sen. Richard Blumenthal, one of the few Democrats to question the nominees, applauded Lagoa's nomination. He noted the significance of appointing a Latina woman to counter a lack of diversity on the federal bench.
"The fact of the matter is only 6.6% of federal judges are of Latino or Hispanic heritage or descent," Blumenthal said. "In a country where more than 18% of our population is Latino or Hispanic, we should be doing more to attract nominees with that qualification."
Lagoa also invoked her parents' experience fleeing Cuba as guiding her judicial interpretations.
"Unlike the country my parents fled, we are a nation of laws, not of men," Lagoa said.
Lagoa also gave her father-in-law, U.S. District Judge Paul Huck of the Southern District of Florida, a shout-out during her opening statement, saying she has looked to him as "a model of what a judge should be."
The state justice referred to her parents' experience again when Sen. Ted Cruz asked the nominees why judges should uphold the original meaning of the Constitution when it was written by "people who have been dead for 200 years."
Luck said that if judges stray from the original meaning of the Constitution, it could open the door to a wide range of perspectives on the law, which "means every single person has a different way of viewing something" and create confusion for litigants.
And Lagoa said she believes it's important to uphold the original meanings to make sure the law is evenly applied over time, which she said was not the case in Cuba.
"To paraphrase 'Jerry Maguire,' you had me at 'this is not Cuba,' " Cruz joked.
"You had me at hello," Graham added.
University of Richmond law professor Carl Tobias noted the committee review process was rushed. The White House formally sent the nominations to the Senate on Tuesday, and the hearing was abbreviated because senators were needed for 11 a.m. floor votes.
Assuming both are confirmed by the full Senate, the Eleventh Circuit will switch to judges nominated by Republican presidents.
Luck was nominated to the federal bench less than 13 years after he was admitted to the Florida Bar in 2006. He clerked for Chief Circuit Judge Ed Carnes, became a Miami-Dade Circuit judge in 2013, was elevated to the Third District Court of Appeal in 2017 and joined the Supreme Court in January.
Lagoa served on the Third DCA from 2006 until she was elevated to the Supreme Court in January.
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 AllDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Trending Stories
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