Patricia Ann Millett
2013 - Present
10
Patricia Ann Millett is a federal judge of the United States Court of Appeals for the District of Columbia Circuit who was nominated by President Barack Obama in June 2013.
On October 31, 2013, the Senate blocked the nomination, voting 55 to 38. Millett needed 60 votes for confirmation. Millett was ultimately confirmed on the first confirmation vote after the Senate's "Nuclear Option" filibuster change on December 10, 2013, on a vote of 56 to 38.[1][2][3]
Before joining the appeals court, Millett served as assistant to the solicitor general and as an attorney in the civil division of the U.S. Department of Justice.
Early life and education
In 1985, Millett earned her B.A. from the University of Illinois at Urbana-Champaign. She went on to earn her J.D. from Harvard Law School, graduating in 1988.[4]
Professional career
A summary of Millett's professional career is listed below:[4]
- 2013-Present: Judge, United States Court of Appeals for the District of Columbia Circuit
- 2007-2013: Attorney (private practice), Washington D.C.
- 1996-2007: Assistant to the Solicitor General, U.S. Department of Justice (DOJ)
- 1992-1996: Attorney, Civil Division, Appellate Section, U.S. Department of Justice
- 1990-1992: Clerk, Honorable Thomas Tang Ninth Circuit
- 1988-1990: Attorney (private practice), Washington D.C.
Federal judicial career
Possible 2016 SCOTUS nominee
Prior to President Barack Obama's nomination of Merrick Garland, Millett was mentioned as a possible nominee to replace former United States Supreme Court Justice Antonin Scalia, who died on February 13, 2016.[5]
D.C. Circuit
 |
| Nominee Information |
| Name: Patricia Ann Millett |
| Court: District of Columbia Circuit |
| Progress |
| Confirmed 189 days after nomination. |
 Nominated: June 4, 2013
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: July 10, 2013
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: August 1, 2013
|
| Confirmed: December 10, 2013
|
| Vote: 56-38
|
On June 4, 2013, President Barack Obama nominated Millett to the United States Court of Appeals for the District of Columbia Circuit to fill the vacancy left by John G. Roberts Jr. upon his elevation to the Supreme Court of the United States.[6] Obama commented on the nomination, stating:[7]
| “ |
So these three individuals are highly qualified to serve on the D.C. Circuit. They have broad bipartisan support from across the legal community. The nonpartisan American Bar Association have given them -- each of them -- its highest rating. These are no slouches. These are no hacks. There are incredibly accomplished lawyers by all accounts. And there are members of Congress here today who are ready to move forward with these nominations, including the Chairman, Patrick Leahy. So there’s no reason -- aside from politics -- for Republicans to block these individuals from getting an up or down vote.[8] |
” |
Millett was rated Unanimously Well Qualified by the American Bar Association. She had a hearing before the Senate Judiciary Committee on July 10, 2013. Her Committee Questionnaire is available here, and her Questions for the Record are available here.[9]
Senate blocks nomination
On October 31, 2013, the nomination of Millett to the District of Columbia Circuit was blocked after she received only 55 out of the 60 votes needed. Opposition to the nomination came from Senate Republicans, who believed that the caseload of the circuit did not warrant any more judges, though there were three vacancies on the court at the time of the vote.[1]
Reaction to the vote was swift and often split along party lines. Senator Patrick Leahy, chairman of the Senate Judiciary Committee, said:
| “ | If the Republican caucus finds that, despite her amazing, stellar legal reputation and commitment to her country, that somehow a filibuster is warranted, I believe this body will need to consider anew whether a rules change should be in order.[10][8] | ” |
Senator John McCain, who previously stated that the three judges nominated to the District of Columbia Circuit should receive votes, sided with the Republicans. Before the vote, McCain stated his commitment to the Senate filibuster.[10]
Senate Majority Leader Harry Reid said that Millett's nomination would be reconsidered in the Senate following the vote.[11]
Post-filibuster change vote
On December 10, 2013, the U.S. Senate voted 56 to 38 to confirm Millett. The confirmation marked the first to occur after the filibuster change that removed the 60-vote majority needed to end debate on a nominee. This change was sparked by the filibustering of Millett along with Robert Leon Wilkins and Cornelia T. L. Pillard, who were all candidates for the District of Columbia Circuit at the time.[12]
Noteworthy cases
SCOTUS strikes Indianapolis checkpoints under Fourth Amendment (2000)
On November 28, 2000, the U.S. Supreme Court struck down a program of checkpoints used in Indianapolis, Indiana, in the case of City of Indianapolis v. Edmond. Patricia Ann Millett, an assistant to the solicitor general in the U.S. Department of Justice, served as counsel for the government in favor of the petitioners.
In 1998, Indianapolis, Indiana, initiated a program of vehicle checkpoints in an effort to intercept unlawful drugs. At each roadblock, a police officer conducted a plain view examination of the vehicle. At the same time, another officer would walk a narcotics-detection dog around the vehicle. The stops were made without either reasonable suspicion or probable cause. Each stop was to last five minutes or less. Two individuals, James Edmond and Joell Palmer, were stopped at one of the checkpoints. They filed a class action lawsuit on their behalf and on behalf of the class of motorists who had been stopped or were subject to being stopped, arguing that the roadblocks violated the Fourth Amendment and provisions of the Indiana Constitution. A federal district court denied a request to stop the program, holding that the checkpoints did not violate the Fourth Amendment. The Seventh Circuit Court of Appeals reversed.
Writing for a six-justice majority of the U.S. Supreme Court, Justice Sandra Day O'Connor affirmed the Seventh Circuit, holding that "because the checkpoint program's primary purpose was indistinguishable from the general interest in crime control, the checkpoints violated the Fourth Amendment."[13]
Recent news
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See also
External links
Footnotes
- ↑ 1.0 1.1 The Blog of Legal Times, "Senate Blocks Patricia Millett's Nomination to D.C. Circuit," October 31, 2013
- ↑ The Blog of Legal Times, "Obama demands action in nominating three for D.C. Circuit," June 4, 2013
- ↑ Business Week, "Obama Prods Republicans With Picks for D.C. Appeals Court," June 4, 2013
- ↑ 4.0 4.1 Federal Judicial Center, "Millett, Patricia Ann," accessed November 9, 2015
- ↑ San Antonio-Express News, "Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch," accessed February 13, 2016
- ↑ Whitehouse.gov, "Presidential Nominations Sent to the Senate," June 4, 2013
- ↑ Whitehouse.gov, "Remarks by the President on the Nominations to the U.S. Court of Appeals for the District of Columbia Circuit," June 4, 2013
- ↑ 8.0 8.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Judiciary.Senate.gov, "113th Congress Nomination Materials," accessed August 1, 2013
- ↑ 10.0 10.1 The Huffington Post, "Patricia Millett, Key Obama Nominee, Filibustered By Senate Republicans," October 31, 2013
- ↑ The Washington Post, "Reid: Senate will re-vote on Watt and Millett 'very' soon," October 31, 2013
- ↑ Politico, "Senate approves Patricia Millett for D.C. Circuit Court of Appeals," December 10, 2013
- ↑ Oyez.org, "City of Indianapolis v. Edmond," November 28, 2000
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