Skadden's Michael Scudder, Nominated for Posner Seat, Sails Through Senate Hearing
Scudder's home-state senators, both Illinois Democrats, back his nomination.
March 21, 2018 at 02:06 PM
3 minute read
The original version of this story was published on National Law Journal
Skadden, Arps, Slate, Meagher & Flom partner Michael Scudder, President Donald Trump's nominee for a spot on the U.S. Court of Appeals for the Seventh Circuit, largely escaped the tough questioning in his Senate hearing Wednesday that many of his fellow judicial nominees have faced.
Scudder, and U.S. District Judge Amy St. Eve of the Northern District of Illinois, who is also nominated for the Seventh Circuit and testified Wednesday, both have support from the Democratic senators from Illinois, Sens. Dick Durbin and Tammy Duckworth. Home state senators' approval of Trump's judicial nominees has been a topic of contention recently, and Senate Judiciary Chairman Chuck Grassley, D-Iowa, announced last year that nominees would no longer need approval of both senators to move forward in the nomination process.
“I'm also pleased that the president and counsel to the president, Don McGahn, worked closely with Sens. Durbin and Duckworth to select two exceptional nominees to serve as circuit judges on the Chicago-based Seventh Circuit,” Grassley said Wednesday. “This is another great example of the president and his team working closely with home-state senators to ensure the Senate fulfills its constitutional advice-and-consent function.”
Scudder is nominated to fill the seat left vacant by Judge Richard Posner, the outspoken and influential judge who retired last year after more than three decades on the bench. Scudder is a former federal prosecutor in the Southern District of New York, a Justice Department alum and a former White House lawyer under President George W. Bush. He joined Skadden's Chicago office in 2009.
Unlike some other Big Law nominees that have come before the committee, Scudder faced little pushback from senators about his advocacy for various clients. He was praised multiple times by Democrats for his impressive resume and pro bono advocacy. He was asked mainly about how his experiences would help him in his role as a judge, his views on statutory interpretation and how he would apply precedent.
Durbin also asked about the so-called Scudder memo, a document he prepared as associate counsel for the Bush White House. The document, Scudder explained, was a timeline of events in the firing of nine U.S. attorneys in 2006, which were later found to be politically motivated. At the time, the White House counsel's office declined to provide the memo in full to the Justice Department's Office of the Inspector General.
Scudder said he may have been the “logical” choice to write the 2007 document, as he had just joined the White House from the deputy attorney general's office. He added he was not involved in the firings or the decision to withhold it from the OIG.
“I wouldn't have had any role in that decision,” Scudder said.
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 AllWhy Greg Craig's Trial Was a 'Misguided and Unnecessary' Prosecution
5 minute readLabaton Sucharow Wants State Street Judge Recused After He Hinted at 'Public Corruption'
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
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