Latina Lesbian Confirmed To Federal Judgeship in PA!

By a voice vote, the United States Senate has unanimously confirmed the first (out!) lesbian of Hispanic heritage to a federal judgeship. Nitza Quiñones Alejandro will become a federal district court judge for the Eastern District of Pensuylvania when she is sworn in.

She is the sixth openly LGBT judge to be confirmed by the United States Senate during the administration of President Barack Obama. The previous five Obama-nominated federal judges confirmed by the Senate are:

J. Paul OetkenAli NathanMichael FitzgeraldPamela Ki Mai ChenMichael McShane

Prior to the Obama administration there was one openly LGBT federal judge confirmed by the Senate, Deborah Batts, nominated by President Clinton in the 1990s. Federal judges generally serve for life. All of the seven openly LGBT federal judges have served as district court judges, the lowest level in the federal judicial system.

There are still a number of pending nominations of openly LGBT individuals for federal judgeships. To date, no openly LGBT person has been confirmed for a federal appellate court. That is one level below the United States Supreme Court but Obama has nominated Todd Hughes and Edward Dumont to appellate position. Dumont withdrew his nomination after it was stalled in the Senate Judiciary Committee in the previous Congress.

Lets hope the lavender ceiling will be broken soon and we'll have an openly LGBT appellate court judge confirmed by the U.S. Senate soon.

Celebrity Friday: Asian-American Lesbian Federal Judge, Pamela Ki Mai Chen

Pamela Ki Mai Chen has become the first openly lesbian Asian-American federal judge confirmed by the United States Senate. President Obama has now nominated 9 openly LGBT individuals to become federal judges and four have been confirmed: Paul Oetken, Michael Fitzgerald, Ali Nathan and Pamela Chen.

Chen was nominated for a federal district court judgeship in the Eastern District of New York by Obama before the 2012 presidential election and then re-nominated when he was re-elected and the 113th Congress began in January 2013.

Still pending before the Senate are President Obama's nomination of the first African-American, openly gay man to be a federal judge, William L. Thomas as well as the nomination of Todd Hughes to be the first openly gay person to sit on a federal appeals court.

Prior to the Obama administration  President Clinton had appointed the only known openly LGBT member of the federa judiciary, Deborah Batts. That number has increased 400% due to President Obama's appointments.

Obama Picks Out Gay Black Male As Federal Judge

William L. Thomas

President Obama is continuing to make history with his judicial nominations. On Wednesday the White House announced that the President has selected Florida Circuit Court judge William L. Thomas to become a United States district court judge for the Southern District of Florida, the first openly gay, black male to receive such a prestigious nomination.

The first openly gay, Black female judge was nominated by President Bill Clinton way back in 1992. Her name is Deborah Batts and for decades she was the only openly LGBT members of the federal judiciary.

Here's his official biography from the White House announcement:

Judge William L. Thomas:  Nominee for the United States District Court for the Southern District of FloridaJudge William L. Thomas has served as a Circuit Judge in Florida’s Eleventh Judicial Circuit since 2005, where he has presided over both civil and criminal matters.  For seven years, from 1997 to 2005, he served as an Assistant Federal Public Defender in the Southern District of Florida, where he represented indigent clients in federal criminal cases.  Judge Thomas began his legal career as an Assistant Public Defender at the Miami-Dade County Public Defender’s Office in 1994.  He received his J.D. in 1994 from the Temple University School of Law and his B.A. in 1991 from Washington and Jefferson College in Washington, Pennsylvania.

From his graduation in 1991 one could estimate the judge's age to be about 43 or 42 years old. Congratulations to Judge Thomas! (May his confirmation be quick and unanimous!)

Hat/tip to Chris Geidner.

Openly Gay Federal Judge Confirmed By 91-6 Vote!

And now there are four openly gay or lesbian federal judges in the United States. Michael Fitzgerald was approved by a 91-6 vote of the United States Senate on Thursday to be a U.S. District Court Judge for the Central District of California. Fitzgerald was officially nominated by President Barack Obama in July 2011 and waited for 132 days before receiving a confirmation vote in the Senate.

Fitzgerald joins 3 other openly lesbian and gay judges, all who serve in New York: Deborah Batts, who has been on the bench since 1994(!) after being nominated by President Clinton and Ali Nathan and Paul Oetken who were both nominated by President Obama and approved by votes of the Senate in 2011 (48-44 for Nathan on October 13th and 80-13 for Oetken on July 19).

The six raving homophobes who voted against the Fitzgerald nomination were (all Republicans): David Vitter (R-LA), James Inhofe (R-OK), Mike Lee (R-UT), Rand Paul (R-KY), Roy Blunt (R-MO) and Jim DeMint (R-SC).

Congratulations to Michael Fitzgerald!

Hat//tip to PoliGlot.

Obama Names 4th LGBT Judicial Nominee

Michael Fitzegerald becomes President Obama's

4th openly LGBT nominee to the federal judiciary

Wow! Just days after Paul Oetken became the first openly gay man was confirmed as a U.S. District Court judge to the Souther District of New York, President Obama has named a 4th openly LGBT individual to become a federal judge with lifetime appointment. He is Michael Fitzgerald and joins Ali Nathan, J. Paul Oetken and Ed Dumont as openly LGBT federal judicial nominees of the Obama administration. The Oetken nomination has passed the Senate, the Nathan nomination is on the floor and there is no scheduled action on the Dumont nomination planned.

Here's the press release from the White House on the Fitzgerald nomination:

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________________________

FOR IMMEDIATE RELEASE

July 20, 2011

President Obama Nominates Michael Walter Fitzgerald to the U.S. District Court for the Central District of California

WASHINGTON, DC – Today, President Obama announced his nomination of Michael Walter Fitzgerald to the United States District Court for the Central District of California. 

"I am honored to nominate Michael Walter Fitzgerald to the United States District Court," President Obama said.  "His impressive career stands as a testament to his formidable intellect and integrity.  I am confident he will serve the people of California with distinction on the District Court bench."

Michael Walter Fitzgerald: Nominee for United States District Judge for the Central District of California

Michael Walter Fitzgerald has been a named partner at the law firm of Corbin, Fitzgerald & Athey LLP in Los Angeles, California since 1998, where he handles civil and criminal litigation in both federal and state courts.   Previously, he worked at the Law Offices of Robert L. Corbin PC from 1995 to 1998 and at the law firm of Heller, Ehrman, White & McAuliffe from 1991 to 1995.  Between 1988 and 1991, Fitzgerald served as an Assistant United States Attorney in Los Angeles.  Upon graduation from law school, he clerked for the Honorable Irving R. Kaufman of the United States Court of Appeals for the Second Circuit.  Fitzgerald received his J.D. in 1985 from the University of California, Berkeley School of Law (Boalt Hall) and his A.B. magna cum laude in 1981 from Harvard University.

### 

1st Openly Gay U.S. District Court Judge Approved By Senate

As I blogged about earlier this year, J. Paul Oetken is the first openly gay man to be nominated for a lifetime federal judgeship. On Monday, the United States Senate approved Oetken's nomination by a vote of 80-13 to a seat on the Southern District of New York, which covers New York City and is one of the busiest and prestigious federal courts in the country. Amazingly, Oetken will join the same bench that the nation's only openly lesbian federal judge sits on. Deborah Batts is an African American lesbian judge who was nominated by President Clinton and approved by the Senate in 1994. All 13 Senators voting No o Oetken's nomination were Republicans.

Chris Geidner reports:

Sen. Charles Schumer (D-N.Y.), who has been supporting the nomination, praised Oetken's background and experience on the Senate floor shortly before the vote, saying "His confirmation will only improve the workings of one of the best and one of the busiest courts in the country."

Of Oetken's place as the first, Schumer said, "At this moment, Paul is not just an excellent candidate, as the first openly gay man to be confirmed as a federal judge and to serve on the federal bench, he will be a symbol of how much we have achieved as a country in just the last few decades."

Before the vote began, Sen. Chuck Grassley (R-Iowa) -- the ranking Republican on the Judiciary Committee -- also announced that he would be voting for Oetken, who was born in Iowa.

When the vote did come, all Democrats voting approved the nomination, with Sen. Kay Hagan (D-N.C.) the sole Democrat not voting. Moreover, a majority of the Senate Republican caucus -- 28 members -- voted to approve the nomination, with 13 Republicans opposing the nomination and six members not voting.

The "no" votes came from Sens. Roy Blunt (R-Mo.), John Boozman (R-Ark.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Orrin Hatch (R-Utah), Kay Bailey Hutchison (R-Texas), Mike Lee (R-Utah), Mitch McConnell (R-Ky.), Jerry Moran (R-Kan.), James Risch (R-Idaho), Pat Roberts (R-Kan.) and Roger Wicker (R-Miss.). The Republicans not voting were Sens. James Inhofe (R-Okla.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Pat Toomey (R-Pa.) and David Vitter (R-La.).

This is great news. Someone should ask all the Republican presidential candidates whether they would nominate an openly LGBT person to a federal judgeship. President Obama has also nominated an out lesbian, Ali Nathan, to a federal judgeship as well. That nomination is now pending on the Senate floor.

Obama Nominates Out Lesbian As Federal Judge

Alison Nathan, has becomes Obama's first
 out lesbian federal judicial nominee

The Obama administration has nominated the third openly LGBT person to the federal bench: Alison (Ali) Nathan. Nathan, a former associate White House counsel, joins J. Paul Oetken and Edward Dumont as openly gay Obama judicial nominees. Currently, there is currently one openly gay federal judge on the bench, African American lesbian Deborah Batts.

Here is what the official White House announcement of the Nathan judicial nomination looked like:

Alison J. Nathan:  Nominee for the United States District Court for the Southern District of New YorkAlison J. Nathan currently serves in the Office of the Attorney General of the State of New York as Special Counsel to the Solicitor General, a position she has held since 2010.  From 2009 to 2010, Nathan served as a Special Assistant to President Obama and an Associate White House Counsel.  Prior to joining government service, she spent a number of years as an academic, first as a Visiting Assistant Professor of Law at Fordham University Law School from 2006 to 2008 and later as a Fritz Alexander Fellow at New York University School of Law from 2008 to 2009.  From 2002 to 2006, Nathan was an associate in the New York and Washington, D.C. offices of Wilmer Cutler Pickering Hale and Dorr.  Nathan served as a law clerk for the Honorable John Paul Stevens of the Supreme Court of the United States from 2001 to 2002 and as a law clerk to the Honorable Betty B. Fletcher of the Ninth Circuit Court of Appeals from 2000 to 2001.  Nathan received her J.D., magna cum laude, in 2000 from Cornell Law School, where she was Editor-in-Chief of the Cornell Law Review.  She received her B.A. in 1994 from Cornell University.

It should be noted that these are some of the only openly LGBT judicial nominees in history. J. Paul Oetken is the first openly gay man to be nominated for the federal judiciary, which are lifetime appointments. None of these appointments are at the appellate court level, yet, but hopefully that will happen soon, or at the very least during Obama's second term.

Openly Gay Federal Judge Nominee Has Low-Key Hearing

J. Paul Oetken, potentially the first openly gay man to become a federal judge, had an uneventful hearing before the United States Senate judiciary committee on Wednesday March 16th, with no Republican opposition.

Chris Geidner of Metro Weekly reports:

J. Paul Oetken, an out gay attorney who worked at Jenner & Block and Debevoise & Plimpton, also spent substantial time in government, working in both the Justice Department's Office of Legal Counsel and the White House under President Clinton. A former law clerk to the late Supreme Court Justice Harry Blackmun, Oetken currently serves as the senior vice president and associate general counsel at Cablevision.

He was nominated, on Schumer's recommendation, for a judgeship on the Southern District of New York -- one of the key federal trial courts in the nation.

In Schumer's introduction of Oetken, the senator noted that, in addition to records of excellence and moderation, "I also look for candidates who bring diverse views and backgrounds to the bench. Paul is the first openly gay man to go through an Article III confirmation process in this country, which makes this moment historic. But long after today, what the history books will note about Paul is certain to be his achievements as a fair and brilliant judge."

We'll be monitoring the progress of this nomination carefully. It is doubtful that one of the rabidly anti-gay Republican members of the United States Senate will skip this opportunity to  curry favor with heterosexual supremacists and prevent an openly gay man from making history as a federal judge, even one as obviously well-qualified as Oetken.

The question is, how hard will the Democratic majority and the President fight to confirm the President's nominees, especially in light of the very real prospect of loss of Senate control in 2012.

Obama Nominates Openly Gay Man To Be Federal Judge

J. Paul Oetken, 44

As MadProfessah noted last year, President Barack Obama has nominated an openly gay man, J. Paul Oetken, to be a U.S. district court judge for the Southern District of New York, one of the most prestigious and well-known courts in the country, since it covers Manhattan. Interestingly, Oetken, if confirmed by the United States Senate would not only become the second openly LGBT judge in the country, he would become the second out LGBT judge in the Southern District of New York! Deborah Batts, a Black lesbian, has been serving there as a federal judge since nominated by President Bill Clinton in 1994.

Oetken's official biography, as distributed by the White House:

J. Paul Oetken: Nominee for the United States District Court for the Southern District of New York

J. Paul Oetken is Senior Vice President and Associate General Counsel of Cablevision Systems Corporation in Bethpage, New York, a position he has held since 2004.  Prior to joining Cablevision, Oetken worked at Debevoise & Plimpton, where he was counsel from 2003 to 2004 and an associate from 2001 to 2003.  Oetken joined the White House Counsel’s Office as Associate Counsel to the President in 1999 and worked there until 2001.  From 1997 to 1999, Oetken was an attorney-advisor with the U.S. Department of Justice in the Office of Legal Counsel.  Prior to that, he worked as an associate at Jenner & Block for approximately two years.  From 1993 to 1994, Oetken served as a law clerk for the Honorable Harry A. Blackmun of the U.S. Supreme Court; from 1992 to 1993, he served as a law clerk for the Honorable Louis F. Oberdorfer of the U.S. District Court for the District of Columbia; and from 1991 to 1992, he served as a law clerk for the Honorable Judge Richard D. Cudahy of the U.S. Court of Appeals for the Seventh Circuit.  Oetken received his J.D. in 1991 from Yale Law School, and his B.A. with highest distinction in 1988 from the University of Iowa.

R. Vaughn Walker, the openly gay federal judge who struck down Proposition 8 as unconstituional, has retired as of December 31, 2010.

Hat/tip to Chris Geidner of Poliglot!

Openly Gay Man Nominated For Federal Judgeship

United States Senator of New York Chuck Schumer (D-NY) is making news today with the announcement that he is recommending the first openly gay man for a federal judgeship: Daniel Alter.

From the press release from the Senator's office:

Today, U.S. Senator Charles E. Schumer announced that he is recommending Daniel Alter to President Obama to serve as a judge in the Southern District federal court. Mr. Alter is a history-making pick, as he is the first openly gay male nominated for the federal court in American history. Schumer laid out several reasons Alter would make an excellent fit for the job. Schumer said that Alter’s stellar legal background, close ties to New York, even-handedness, temperament and demonstrated leadership skills would make him an excellent choice for the Southern District Court. Schumer also said that he is highly capable and very qualified for the position.

“Daniel Alter couldn’t be a more perfect choice. He is a brilliant attorney who possesses the knowledge, balanced views and temperament required of a federal judge,” Schumer said. “His outstanding leadership skills, his commitment to justice, and his extensive experience make him an exceptional choice for a position on the federal bench. I’m proud to nominate Daniel Alter. Period. But I am equally proud to nominate him because he is a history-maker who will be the first openly gay male judge in American history.”

Alter is a graduate of Columbia College and Yale Law School. As a young lawyer, Mr. Alter clerked for the Hon. John M. Walker and the Hon. Guido Calabresi, who both served on the United States Court of Appeals for the Second Circuit.

The sexual orientation of federal judges has been in the news recently with the San Francisco Chronicle reporting over the weekend that U.S. District Court judge Vaughn Walker, who just happens to be conducting the most important gay rights case (on the federal constitutionality of California's Proposition 8) of the decade (century?) is openly gay.

There are currently 875 federal judges under Article III of the United States Constitution and exactly two are known to be openly gay or lesbian: Vaughn Walker and Deborah Batts (who is also Black).

Human Rights Campaign Joe Solmonese released a statement:

“Daniel Alter is eminently qualified for a position on the federal bench. America is taking a step forward towards equality by evaluating an individual based on his accomplishments and without regard to his sexual orientation. We commend Senator Schumer for his historic recommendation, and look forward to the President’s nomination.”

Federal judgeships are lifetime appointments and have been a flashpoint with Republicans in the past. It should be interesting to see how long it takes the Alter nomination to get through the Senate, and how long it takes the Obama administration to formally initiate the process.

I'm also curious if this will encourage any other federal judges to come out. After all, 2 out of 875 federal judges being gay or lesbian is a statistically unlikely number.