Biden nominates first Latina to sit on conservative 5th Circuit

Kaelan Deese

April 14, 02:41 PM April 14, 03:08 PM

President Joe Biden nominated a federal magistrate judge to serve on the United States Court of Appeals for the 5th Circuit, which would make her the first Latina to sit on the bench of the notoriously conservative circuit court if confirmed in the Senate.

Judge Irma Carrillo Ramirez, a longtime magistrate in the Northern District of Texas, was named to sit on the New Orleans-based appeals court. Biden also named U.S. District Judge Ana de Alba of the Eastern District of California to serve in the U.S. Court of Appeals for the 9th Circuit, which has a Democratic-appointed majority.

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The announcement marks the 32nd round of nominees and brings the total number of Biden's federal judgeship nominations to 163.

Rep. Jasmine Crockett (D-TX) commended the president in a tweet for "making this historic nomination a reality."

Four of the 16 judges on the 5th Circuit were named by Democrats. Ramirez marks Biden's second vacancy he would get to fill on the appeals court, though her confirmation would have little impact on its ideological makeup.

Still, the appointment is significant considering the litigation playing out at the 5th Circuit. Earlier this week, a three-judge panel temporarily blocked parts of a lower court order that would have removed abortion pill mifepristone off the market, though it allowed some restrictions on access to the drug to remain in place. The Biden administration is appealing that order at the Supreme Court.

Biden won confirmation of another judge to the court, Dana Douglas, who was also a former magistrate judge and became the first black woman on the 5th Circuit.

Sources involved with the nomination process expect wide approval when it comes time for a full Senate vote. Additionally, Ramirez gained an endorsement from Republican Texas Sens. Ted Cruz and John Cornyn on Friday. They previously supported her for a post at the trial court level in 2016.

“I am proud to recommend her for this position with Sen. Cruz, and I look forward to seeing her continue to uphold the rule of law on the federal bench," Cornyn told the Washington Examiner Friday.

Biden's progress on confirming new federal judges has slowed down in recent months due to absences in the Senate and the customary "blue slip" tradition that requires district court nominees to receive approval from both home state senators.

"For Democrats, she is a strong nominee, given the timing, the difficulties posed by absences, and the sharply partisan nature of the Senate," Carl Tobias, a law professor at the University of Richmond, told the Washington Examiner Friday.

Sen. Dianne Feinstein (D-CA) announced Wednesday she would temporarily step down from the Senate Judiciary Committee after a number of absences from the Senate since February due to her battle with shingles.

Although Democrats have an 11-10 advantage over Republicans on the committee, there have been delays for over a dozen of the president's nominees for a full Senate vote due to recent absences.

Senate Majority Leader Chuck Schumer (D-NY) said in a statement Wednesday that he would “ask the Senate next week to allow another Democratic Senator to temporarily serve on the Judiciary Committee.”

DOJ petitions Supreme Court to review 5th Circuit's domestic violence gun ruling

Kaelan Deese

March 21, 01:12 PM March 21, 01:12 PM

The Justice Department requested the Supreme Court overturn an appeals court decision that struck down a federal law that blocks firearm possession for those under domestic violence restraining orders.

Last month, the U.S. Court of Appeals for the 5th Circuit cited the Supreme Court's landmark decision last year that required firearm laws be "consistent" with the nation's historical tradition of regulation.

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"That holding was profoundly mistaken," DOJ attorneys argued in an 82-page petition, urging the justices to take quick action against the February ruling.

"Governments have long disarmed individuals who pose a threat to the safety of others ... The Fifth Circuit’s contrary decision misapplies this Court’s precedents, conflicts with the decisions of other courts of appeals, and threatens grave harms for victims of domestic violence," the petition reads.

Since the appeals court decision that was determined by a three-judge panel, the Biden administration has gone on the offensive against the court's landmark gun precedent in New York State Rifle & Pistol Association v. Bruen.

“Nearly 30 years ago, Congress determined that a person who is subject to a court order that restrains him or her from threatening an intimate partner or child cannot lawfully possess a firearm," Attorney General Merrick Garland wrote in a statement after the 5th Circuit decision, implying the court doesn't have the ability to override a congressional statute.

The three-judge panel also disputed claims that any "societal benefits" outweighed its burden to acknowledge the Second Amendment rights of the defendant in the case.

“But Bruen forecloses any such analysis in favor of a historical analogical inquiry into the scope of the allowable burden on the Second Amendment right,” the appeals court wrote.

Through its decision, the appeals court vacated the conviction of Zackey Rahimi, who previously pleaded guilty to possessing firearms while under a civil protective order that banned him from harassing, stalking, or threatening his ex-girlfriend and their child and also banned him from having guns.

Last week, the Senate Judiciary Committee led by Sen. Dick Durbin (D-IL), held a hearing in which several witnesses claimed the Bruen decision caused calamity for the states' gun control laws.

Ruth Glenn with the National Coalition Against Domestic Violence attended the hearing and directed scrutiny at the 5th Circuit's decision, which affects Mississippi, Texas, and Louisiana.

“The lack of historical laws restricting firearms access by domestic abusers is not evidence that such laws are unconstitutional,” Glenn said. “Rather, it is a reflection of the legally subordinate status and general disregard for the rights and needs of women in early America.”

One day after the hearing, Republicans on the committee introduced legislation known as the Respect for the Second Amendment Act to codify Bruen and other landmark Supreme Court gun decisions.

One of the bill's sponsors, Sen. Lindsey Graham (R-SC), said he believes some Democrats could back the codification bill, arguing "there's some Democrats who've been supportive of the Second Amendment [and] there are a bunch of Democrats who voted against banning assault weapons."

Graham voiced opposition against continuing to "pass regulations on law-abiding citizens," arguing there is a more systemic problem of violent offenders being given shorter sentences in some metropolitan jurisdictions across the country.

"This revolving door situation needs to stop. So the bottom line, I think we need to have a vote on this bill," Graham added.