In December, Biden judges wrote or cast deciding votes in eleven important rulings across the country, headlined by a ruling that allows a New York gun safety law to be enforced as litigation to challenge it goes forward. Another key decision stopped an Iowa law mandating censorship in public schools. Each case is summarized below, along with a link to the full People For the American Way blog entry on the decision and to the ruling itself. Links to previous PFAW analyses of Biden judge cases are also below. Such rulings by Biden judges demonstrate the importance to all of us of promptly nominating and confirming such fair-minded judges.
The Biden White House and Senate Democrats have been working hard to rebalance the courts after four years of Trump-McConnell judges, but they have much more to do. As of January 18 the Senate has confirmed 168 Biden judges, which puts Biden and Schumer behind where Trump and McConnell were at this point four years ago (187 judges at this date).
Biden Judge Helps Allow Enforcement of Most of New York Gun Safety Law
Judge Eunice Lee, nominated by President Biden to the Second Circuit, co-wrote a unanimous decision that partly reversed lower courts and allowed New York to continue to enforce key parts of a state gun safety law while the lawsuits go forward. Although the court upheld injunctions against some parts of the law, New York officials praised the appellate court’s decision. The December 2023 decision was in Antonyuk v Chiumento.
Biden Judge Blocks Texas Governor from Erecting US Border Barrier Despite Trump Judge Dissent
Judge Dana Douglas, nominated by President Biden to the Fifth Circuit, wrote a 2-1 decision affirming a lower court injunction that blocked Texas Governor Greg Abbott from erecting a dangerous floating barrier in the Rio Grande river designed to stop immigration. Trump judge Don Willett tried to overturn the injunction, echoing Texas’ arguments in his dissent. The December 2023 decision was in US v Abbott. In January, the full Fifth Circuit voted to vacate the decision and reconsider it.
Biden Judge Gives Victim of Cancelled Policy the Opportunity to Recover Damages from Insurance Company
Judge Julie Rikelman, nominated by President Biden to the First Circuit, wrote a unanimous opinion that stayed a lower court ruling and gave a person whose disability insurance policy was cancelled the chance to recover damages from the insurance company for improperly cancelling the policy. The December 2023 decision was in Smith v Prudential Insurance Co.
Biden Judge Rules SEC Cannot Require Ex-Wife of Violator to Pay Over $150,000
Judge Julie Rikelman, nominated by President Biden to the First Circuit, wrote a unanimous opinion that reversed a lower court and ruled that the Securities and Exchange Commission (SEC) improperly took $170,000 from the ex-wife of a violator because she had allegedly benefited from his illegal behavior. The December 2023 decision was in SEC v Monge.
Biden Judge Upholds Order Denying MyPillow Subpoena and Punishing it for Abuse of Process
Judge Rachel Bloomekatz, nominated by President Biden to the Sixth Circuit, wrote a unanimous opinion that upheld a lower court order denying a burdensome subpoena by MyPillow and its president Michael Lindell to a Michigan county for voluminous information about the 2020 election. The order also required MyPillow to pay the costs and attorneys’ fees incurred by the county. The December 2023 decision was in Lyons v MyPillow, Inc.
Biden Judge Gives Worker With a Disability His Day in Court to Prove Job Discrimination
Judge Veronica Rossman, nominated by President Biden to the Tenth Circuit, wrote a unanimous opinion that reversed the lower court and held that a person with a disability should have his day in court to prove that his government employer failed to accommodate that disability on the job, as required by the Rehabilitation Act. The December 2023 decisions was in Hampton v Utah Department of Corrections (UDC).
Biden Judge Reverses Trump District Judge and Allows Case Charging FBI Abuse to Go Forward
Judge Lara Montecalvo, nominated by President Biden to the court of appeals for the First Circuit, wrote a unanimous opinion reversing a Trump district judge and ruled that a complaint charging the FBI with a pattern of abuse in trying to get someone to confess to a murder should go forward. The December 2023 decision was in Torres-Estrada v Cases.
Biden Judges Give Fired Employee His Day in Court to Prove Age Discrimination Claim
Judge Candace Jackson-Akiwumi, nominated by President Biden to the court of appeals for the Seventh Circuit, wrote a unanimous opinion reversing a lower court and ruled that a man fired from his job as a warehouse supervisor should receive his day in court to prove that he was a victim of age discrimination. Biden judge John Lee joined the opinion. The December 2023 decision was in Vichio v US Foods, Inc.
Biden Judges Refuse to Grant Immunity to Probation Officer who Punched a Pregnant Woman in the Stomach
Judge Arianna Freeman, nominated by President Biden to the court of appeals for the Third Circuit, wrote a unanimous opinion upholding a district court that refused to grant qualified immunity from lawsuit to a probation officer who punched an innocent pregnant woman in the stomach. Biden judge Tamika Montgomery-Reeves joined the opinion, which will allow the complaint against the officer to go forward. The December 2023 decision was in Gross v Cairo.
Biden Judge Stops Law Requiring Library and Other Censorship in Public Schools
Judge Stephen Locher, nominated by President Biden to the Southern District of Iowa, issued a preliminary injunction against a broad Iowa law that mandates removal of library books and other censorship in public schools. The opinion found that the law has already caused the censorship of hundreds of books and likely violates the First Amendment. The December 2023 decision was in GLBT Youth in Iowa Schools Task Force v Reynolds.
Biden Judge Rules that Proposed Class Action Against Corporations for Contaminating Drinking Water Should Proceed
Judge Margaret Guzman, nominated by President Biden to the federal district court in Massachusetts, held that a lawsuit by Massachusetts residents against 3M and other corporations for contaminating their drinking water and causing other environmental harm should proceed. Judge Guzman rejected the corporate defendants’ motion to dismiss, so that the case can go forward with discovery and possible certification as a class action. The December 2023 decision was in Ryan v Greif.
Previous PFAW analyses of Biden judge rulings include our September 2022 report, July 2023 report, and monthly summaries for September , October, and November of 2023.