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J. Campbell Barker

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J. Campbell Barker

Nonpartisan

United States District Court for the Eastern District of Texas

Tenure

2019 - Present

Years in position

Education

Bachelor's

Texas A&M University, 2002

Law

University of Texas School of Law, 2005

Contact

Official website

John Campbell "Cam" Barker is a judge on theUnited States District Court for the Eastern District of Texas. On January 23, 2018,President Donald Trump (R) nominated him to serve as anArticle III federal judge on this court. TheU.S. Senate confirmed Barker on May 1, 2019, by a vote of 51-47.^[1]^[2] He received commission on May 3, 2019.^[3] To see a full list of judges appointed byDonald Trump,click here.

TheUnited States District Court for the Eastern District of Texas is one of 94U.S. district courts. They are the generaltrial courts of theUnited States federal courts. To learn more about the court,click here.

From 2015 to 2019, Barker was the deputy solicitor general in theTexas attorney general’s office.^[4]

Judicial nominations and appointments

United States District Court for the Eastern District of Texas

See also:Federal judges nominated by Donald Trump

PresidentDonald Trump (R) nominated Barker to theUnited States District Court for the Eastern District of Texas on January 23, 2018, to serve as anArticle III federal judge.^[1] TheU.S. Senate confirmed Barker on May 1, 2019, by a vote of 51-47.^[2] To read more about the federal nominations process,click here.

Nomination Tracker

Nominee Information
Name: J. Campbell Barker
Court:United States District Court for the Eastern District of Texas
Progress
Confirmed 463 days after nomination.
ANominated: January 23, 2018
AABA Rating:Majority Well Qualified, Minority Qualified
Questionnaire:Questionnaire
AHearing: May 9, 2018

QFRs:QFRs(Hover over QFRs to read more)

AReported: June 7, 2018 (first)/February 7, 2019 (second)
AConfirmed: May 1, 2019
AVote: 51-47

Confirmation vote

The U.S. Senate confirmed Barker on May 1, 2019, on a vote of 51-47.^[2] To see a full breakdown of the vote on the official U.S. Senate website,click here.

Barker confirmation vote (May 1, 2019)
Party	Yea	Nay	No vote
Democratic	0	45	0
Republican	51	0	2
Independent	0	2	0
Total	51	47	2

Change in Senate rules

See also:

Filibuster and reconciliation in the United States Congress

Federal judges nominated by Donald Trump

United States federal courts

Barker was the sixth judge to be confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, theU.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees todistrict court judgeships from 30 hours after invokingcloture to two.^[5]

The change was passed under a procedure, often referred to as thenuclear option, that requires 51 votes rather than 60.^[6]

It was the third use of thenuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to theSupreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.^[7] For more, seeFilibuster and reconciliation in the United States Congress.

Senate Judiciary Committee hearing

Hearings on Barker's nomination were held before theSenate Judiciary Committee on May 9, 2018, and his nomination was reported out of committee on June 7, 2018, by an 11-10 vote.^[8]^[2]

TheSenate Judiciary Committee favorably reported Barker's nomination on February 7, 2019.^[9]Click here to see how the committee voted. Barker's nomination was one of 44 that Sen.Lindsey Graham (R-S.C.) reported that day.

Nomination

Barker was nominated to succeed JudgeLeonard Davis, who retired on May 15, 2015.

At thesine die adjournment of the115th Congress on January 3, 2019, the Senate returned Barker's nomination to President Trump.^[10] Barker was one of 51 individuals the president re-nominated on January 23, 2019.^[11]

TheAmerican Bar Association rated Barkerwell qualified by a majority andqualified by a minority.^[12] To read more about ABA ratings,click here.

Education

Barker received his B.S.,summa cum laude, from Texas A&M University in 2002 and hisJ.D., with highest honors, from the University of Texas School of Law in 2005. During his legal studies, Barker served on the editorial board of theTexas Law Review.^[4]

Professional career

2019-present: Judge,U.S. District Court for the Eastern District of Texas
2015-2019: Deputy solicitor general, Office of theAttorney General of Texas
2011-2015: Yetter Coleman LLP
- 2014-2015: Partner
- 2011-2013: Associate
2011: Technical writer, John W. Barker
2007-2011: Trial attorney,U.S. Department of Justice
2006-2007: Law clerk to JudgeWilliam Bryson of theU.S. Court of Appeals for the Federal Circuit
2005-2006: Law clerk to JudgeJohn M. Walker, Jr. of theU.S. Court of Appeals for the Second Circuit^[4]

Awards and associations

Awards

2017, 2016: Best Brief Award, National Association of Attorneys General
2010, 2009, 2008: Meritorious Award,U.S. Department of Justice^[4]

Associations

Member, American Intellectual Property Law Association
Member, Austin Bar Association
Member, Bar Association of the 5th Circuit
Member, Edward Coke Appellate American Inn of Court^[4]

Noteworthy cases

Terkel v. Centers for Disease Control and Prevention (2021)

See also:Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Terkel v. Centers for Disease Control and Prevention: On February 25, 2021, a U.S. District Court ruled that the federal government's moratorium on evictions, implemented in response to the pandemic, was unconstitutional. The plaintiffs, a group of landlords and property managers, argued that the Centers for Disease Control and Prevention had (CDC) "clearly transgressed well established constitutional constraints" in issuing the moratorium order. In his decision, JudgeJ. Campbell Barker of the U.S. District Court for the Eastern District of Texas held that the Constitution’s commerce clause, which allows for federal regulation of interstate commerce, including any economic activity that substantially affects interstate commerce, did not permit federal regulation of evictions. Barker found that the specific activity regulated by the moratorium—evictions—was not "economic in material respect." Baker said, "The federal government has not claimed such a power at any point during our nation's history until last year. … Although the COVID-19 pandemic persists, so does the Constitution." In response to the ruling, Brian M. Boynton, Acting Assistant Attorney General for the U.S. Justice Department's Civil Division, issued a statement stressing that the ruling "does not extend beyond the particular plaintiffs in that case," and that "the CDC’s eviction moratorium remains in effect." On February 27, 2021, the federal government filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit.^[13]^[14]^[15]^[16]^[17]

About the court

Eastern District of Texas
Fifth Circuit

Judgeships
Posts: 8
Judges: 8
Vacancies: 0
Judges
Chief:Amos Mazzant
Active judges:J. Campbell Barker,Marcia Crone,James Gilstrap,Sean Jordan,Jeremy Kernodle,Amos Mazzant,Robert William Schroeder III,Michael Truncale Senior judges: Ron Clark,Richard Schell

TheUnited States District Court for the Eastern District of Texas is one of 94United States district courts. The court's headquarters are inTyler, Texas. When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Fifth Circuit based in downtownNew Orleans at theJohn Minor Wisdom Federal Courthouse.

The Eastern District of Texas hasoriginal jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The court has six court divisions: Beaumont, Lufkin, Marshall, Sherman, Texarkana, and Tyler.Click here to see a list of the divisions and the counties they cover.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

The president nominates an individual for a judicial seat.
The nominee fills out a questionnaire and is reviewed by theSenate Judiciary Committee.
The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

As part of this process, the committee sends ablue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

If approved, the nominee is voted on by the full Senate.
If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

The Senate holds a vote on the candidate.

If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
If the Senate does not confirm the nomination, that nominee does not become a judge.