Michael Y. Scudder during his confirmation hearing before the Senate Judiciary Committee to be U.S. Circuit Judge for the Seventh Circuit, on March 21, 2018.

Michael Scudder, a litigation partner at Skadden, Arps, Slate, Meagher & Flom in Chicago, was confirmed Monday for a seat on the U.S. Court of Appeals for the Seventh Circuit.

Scudder, whose practice focused on tax-related matters, accounting and white-collar disputes, was the Trump administration's nominee to replace Richard Posner, who retired. Scudder's nomination sailed through the Senate Judiciary Committee in March. The vote Monday evening was 90-0.

Scudder had been a Skadden partner since 2009, earning $3.06 million in partnership income in 2017 and $2.55 million in 2016, according to a financial disclosure released as part of the confirmation process.

“He is an inspired choice for the Seventh Circuit, not just because of his intellect and experience—which are unparalleled—but because of his commitment to equal justice under the law,” Gregory Craig, formerly of counsel at Skadden, said in March. “Mike was born to be a judge, and we—as Americans—will all be better for his being on the bench.”

Scudder is a former clerk to U.S. Supreme Court Justice Anthony Kennedy, during the 1999-2000 term, and to Fourth Circuit Judge Paul Niemeyer. Scudder was a Jones Day associate in Ohio from 2000-2002 before jumping to the U.S. Attorney's Office for the Southern District of New York.

Then-U.S. Attorney James Comey hired Scudder. Comey said of Scudder in a 2010 Chicago Lawyer profile: “He is somebody who can easily be overlooked in a crowded room of loud lawyers because he is so quiet. But once you get to know him, when Mike Scudder speaks, you shut your mouth and you listen. He's not going to talk often, but when he talks, he's going to say something that's worth saying.”

Scudder primarily has represented corporate clients at Skadden, but he's also been the lead partner in the firm's defense of the University of North Carolina's admissions process in a closely watched affirmative action case brought by the Students for Fair Admissions Inc. The group is also suing Harvard over its admissions policy.

Scudder has long been a proponent of pro bono work, rejecting the idea there is any incompatibility between community service and private work at big law firms. Writing in The National Law Journal in 2015, Scudder said: “There is something unsettling and artificial about shying away from any discussion of such an important part of the legal profession during on-campus interviews. This hesitancy risks creating the mistaken view that there is no place in private practice for lawyers to serve private clients while also working for the public good.”

Posner abruptly quit the Seventh Circuit in September amid what he described as unsettled relationships with other judges on the court. “I was (and am) very concerned about how the court treats pro se litigants, who I believe deserve a better shake,” Posner reportedly said.

The Senate, voting 91-0, on Monday evening also confirmed U.S. District Judge Amy St. Eve for a seat on the Seventh Circuit, succeeding Ann Claire Williams, who recently joined Jones Day. St. Eve and Scudder both had support from the Democratic senators of Illinois, Dick Durbin and Tammy Duckworth. Scudder and St. Eve are the Trump administration's 18th and 19th circuit confirmations.

 

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