Controversial Judicial Nominee From Ogletree Advances to Floor Vote
Thomas Farr's confirmation advanced after Vice President Mike Pence broke a 50-50 Senate tie.
November 28, 2018 at 01:57 PM
4 minute read
A controversial judicial nominee Thomas Farr cleared a procedural hurdle in his path to confirmation for a seat in the Eastern District of North Carolina on Wednesday, after his bid became mired in controversy over his past record on voting rights.
His confirmation advanced after Vice President Mike Pence broke a 50-50 Senate tie, clearing the way for a floor vote. All 49 Senate Democrats voted against cloture on Farr, with one Republican—outgoing Sen. Jeff Flake, R-Arizona—joining the bloc. One closely watched vote—Sen. Tim Scott, R-South Carolina—voted in favor of advancing Farr's nomination.
If he joins the bench, Farr will leave a private practice job in Raleigh, North Carolina. He has worked as a shareholder at labor and employment law firm Ogletree, Deakins, Nash, Smoak & Stewart since 2004. In 2016, he earned over $610,000 in income, according to a disclosure he filed last year.
Farr, whom President Donald Trump nominated in July 2017, has faced a firestorm of controversy throughout his nomination, largely revolving around his past defense of voting restrictions. The Congressional Black Caucus last year described Farr as “the preeminent attorney for North Carolina Republicans seeking to curtail the voting rights of people of color.”
Senate Democrats—with all 49 united in their opposition to Farr—only needed to pick off one additional Senate Republican on Wednesday to block his nomination. Flake had previously announced he would vote against Farr's bid, holding out his vote until legislation meant to bolster special counsel Robert Mueller's job security receives a Senate vote.
Since Farr was first nominated last year, civil rights and progressive legal groups have opposed him over what they describe as a record of hostility to voting rights. Critics have cited, for example, his defense of a 2013 North Carolina voter identification law. A Fourth Circuit panel struck down the law, finding it targeted black voters with “almost surgical precision.” The Supreme Court did not take up Farr's appeal, which left the appeals court's ruling intact.
Farr's past work on the campaigns of former U.S. Sen. Jesse Helms of North Carolina, an opponent of the 1964 Civil Rights Act, has also drawn scrutiny. Farr represented Helms' campaign in 1992, when it sent postcards to mostly African-American voters that the Justice Department later said were designed to intimidate them from going to the polls.
“It is no exaggeration to say that had the White House deliberately sought to identify an attorney in North Carolina with a more hostile record on African-American voting rights and workers' rights than Thomas Farr, it could hardly have done so,” members of the Congressional Black Caucus wrote in their letter to the U.S. Senate last year, opposing his nomination.
“We believe that Mr. Farr's record raises serious questions regarding his commitment to equal justice under the law that disqualifies him from service on the federal bench,” they said.
The district court seat to which Farr has been nominated has been vacant since 2005, making it the country's longest federal judicial vacancy.
President Barack Obama nominated two African-American woman to the seat during his tenure; however, Republican Sen. Richard Burr of North Carolina declined to return blue slips for either of those nominations, and neither received confirmation hearings during their nominations.
President George W. Bush previously nominated Farr to the seat, but his nomination did not advance under the then-Democratic majority in the Senate.
Read more:
Former AG Lynch Backed by Ted Wells Amid Congressional Subpoena
Anthony Kennedy Walks Through His Secret Retirement Plans
FTC Is Pressed Over Matt Whitaker's Role Advising Company Accused of Fraud
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
© 2025 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 AllApple Files Appeal to DC Circuit Aiming to Intervene in Google Search Monopoly Case
3 minute readDC Circuit Revives Firefighters' Religious Freedom Litigation in Facial Hair Policy Row
3 minute readDC Judge Chutkan Allows Jenner's $8M Unpaid Legal Fees Lawsuit to Proceed Against Sierra Leone
3 minute readTrending Stories
- 1The TikTokification of the Courtroom
- 2New Jersey’s Arbitration Appeal Deadline—A Call for Clarity
- 3Law Firms Look to Gen Z for AI Skills, as 'Data Becomes the Oil of Legal'
- 45th Circuit Strikes Down Law Barring Handgun Sales to Adults Under 21
- 5Commonwealth Court Overturns Zoning Board’s Denial Based on Merger Doctrine and Unnecessary Hardship Questions
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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