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Joan Larsen

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Joan Larsen

Nonpartisan

United States Court of Appeals for the 6th Circuit

Tenure

2017 - Present

Years in position

Education

Bachelor's

University of Northern Iowa, 1990

Law

Northwestern University School of Law, 1993

Personal

Birthplace

Iowa

Joan Louise Larsen is a judge on theUnited States Court of Appeals for the 6th Circuit. She was nominated to the court by PresidentDonald Trump (R) on May 8, 2017, and confirmed by theU.S. Senate on November 1, 2017, by a vote of 60-38.^[1] To see a full list of judges appointed byDonald Trump,click here.

TheUnited States Court of Appeals for the 6th Circuit is one of 13U.S. courts of appeal. They are the intermediateappellate courts of theUnited States federal courts. To learn more about the 6th Circuit Court,click here.

Prior to her elevation to theSixth Circuit, Larsen was a justice on theMichigan Supreme Court. She was appointed by GovernorRick Snyder (R) on September 30, 2015, and took office the following day. Michigan law required Larsen to run for election to her appointed seat in 2016 in order to complete the unfinished term of her predecessor, retired JusticeMary Beth Kelly.^[2]^[3]

Larsen was included on a list of potentialU.S. Supreme Court nominees released byPresident Donald Trump (R) on November 17, 2017.^[4] For more information on the 2020 Supreme Court vacancy created by the death of former JusticeRuth Bader Ginsburg on September 18, 2020,click here.

Judicial nominations and appointments

United States Court of Appeals for the 6th Circuit (2017-present)

See also:Federal judges nominated by Donald Trump

Larsen was nominated to theUnited States Court of Appeals for the 6th Circuit by PresidentDonald Trump (R) on May 8, 2017. TheU.S. Senate confirmed Larsen on November 1, 2017, by a vote of 60-38.^[1] She received commission on November 2, 2017.^[5] To read more about the federal nomination process,click here.

Nomination Tracker

Nominee Information
Name: Joan L. Larsen
Court:United States Court of Appeals for the 6th Circuit
Progress
Confirmed 176 days after nomination.
ANominated: May 8, 2017
AABA Rating:Unanimously Well Qualified
Questionnaire:Questionnaire
AHearing: September 6, 2017

QFRs:(Hover over QFRs to read more)

AReported: October 5, 2017
AConfirmed: October 31, 2017
AVote: 60-38

Confirmation vote

The U.S. Senate confirmed Larsen on November 1, 2017, on a vote of 60-38.^[1] To see a full breakdown of the vote on the official U.S. Senate website,click here.

Joan Larsen confirmation vote (November 1, 2017)
Party	Yea	Nay	No vote
Democratic	8	36	2
Republican	52	0	0
Independent	0	2	0
Total	60	38	2

Senate Judiciary Committee hearing

Larsen had her hearing before theSenate Judiciary Committee on September 6, 2017. The committee voted to advance Larsen's nomination to the full Senate on October 5, 2017.^[1]

Nomination

Larsen was nominated to replace JudgeDavid McKeague, who assumedsenior status on November 1, 2017.

TheAmerican Bar Association unanimously rated Larsenwell qualified for the position.^[6] To read more about ABA ratings,click here.

Michigan Supreme Court (2015-2017)

Larsen served on theMichigan Supreme Court from 2015 to 2017. She was appointed to the court by GovernorRick Snyder (R) on September 30, 2015, to replace retired JusticeMary Beth Kelly. Larsen was required by Michigan law to run for election to her appointed seat in 2016.^[2]^[3]

2016 Election

See also:Michigan Supreme Court elections, 2016

Justice Larsen ran for election in2016 in order to complete the unfinished term of retired JusticeMary Beth Kelly.^[3] She was nominated as the Republican candidate for the seat at the state Republican Party's convention on August 27.^[7] She faced JudgeDeborah Thomas (D) and attorneyKerry L. Morgan (Lib.) on November 8.

Justices on the Michigan Supreme Court are elected in nonpartisan elections. However, state parties often nominate candidates for the general election during their state conventions. Larsen was appointed to the court byGovernor Rick Snyder (R) after working for PresidentGeorge W. Bush.

Election results

November 8 general election

IncumbentJoan Larsen defeatedDeborah Thomas andKerry L. Morgan in the general election for the Michigan Supreme Court, Larsen's seat.

Michigan Supreme Court, Larsen's Seat, 2016
Party		Candidate	Vote %	Votes
	Republican	Joan LarsenIncumbent	57.62%	1,940,260
	Democratic	Deborah Thomas	29.23%	984,107
	Libertarian	Kerry L. Morgan	13.15%	442,781
Total Votes (84 of 83 counties: 100%)				3,367,148
Source:Michigan Secretary of State Official Results

Political affiliation

Only nine states hold partisan elections for their appellate courts. Other states holdnonpartisan elections or use a combination ofappointments andretention elections.

Nonpartisan elections in some states require judges to declare their partisan affiliations; in other states, judges are not required to declare a political affiliation and in fact may be prohibited from doing so.

Ballotpedia collects information about the political and ideological leanings of judges to offer better context for court decisions.

Political contributions

According to campaign finance records, Larsen donated toMitt Romney's presidential campaign in 2012.

Year	Race	Candidate	Contribution	Won/Lost
2012	U.S. President	Mitt Romney	$500	Lost
2012	U.S. President	Romney Victory PAC	$500	Lost

Early life and education

A native ofWaterloo, Iowa, Larsen earned her undergraduate degree at the University of Northern Iowa in 1990 and herJ.D. at Northwestern University Pritzker School of Law in 1993. During her legal studies, she served as articles editor for theNorthwestern University Law Review.^[5]^[2]^[8]

Professional career

2017-present: Judge,United States Court of Appeals for the 6th Circuit
2015-2017: Justice,Michigan Supreme Court
2003-2015: Lecturer and special counsel to the dean, University of Michigan School of Law
2002-2003: Deputy assistant attorney general, office of legal counsel,U.S. Department of Justice
1998-2002: Lecturer and special counsel to the dean, University of Michigan School of Law
1997-1998: Visiting lecturer, Northwestern University Law School
1995-1997: Private practice,Washington, D.C.
1994-1995: Law clerk, Hon.Antonin Scalia,Supreme Court of the United States
1993-1994: Law clerk, Hon.David Sentelle,United States Court of Appeals for the District of Columbia Circuit^[9]^[10]^[8]

Possible Donald Trump nominee to the U.S. Supreme Court

2020

See also:Supreme Court vacancy, 2020

On September 18, 2020, JusticeRuth Bader Ginsburg died, leaving a vacancy on the Supreme Court. The following day, PresidentDonald Trump (R) said he would nominate a woman to replace Ginsburg.^[11] On September 26, 2020, President Trump nominatedAmy Coney Barrett to fill the vacancy.^[12]

Larsen was among the women President Trump had previously identified as a potential Supreme Court nominee before nominatingAmy Coney Barrett. President Trump released four lists of potential U.S. Supreme Court nominees; twoin 2016, onein 2017, and onein 2020. Clickhere for more information on the vacancy and nomination process.

2018

See also:Possible nominees to replace Anthony Kennedy on the United States Supreme Court

Larsen was listed by PresidentDonald Trump (R) as a potential Supreme Court nominee to replace JusticeAnthony Kennedy. Kennedy announced he would retire from the court effective July 31, 2018.^[13] Trump ultimately choseBrett Kavanaugh as the nominee.Click here to learn more.

2017

See also:Process to fill the vacated seat of Justice Antonin Scalia

On November 17, 2017, Larsen was included in a third list of individuals from which PresidentDonald Trump would choose to fill vacancies on the U.S. Supreme Court.

A White House statement announcing the nominees stated,^[14]

“

One year ago, President Donald J. Trump was elected to restore the rule of law and to Make the Judiciary Great Again. Following the successful confirmation of Justice Neil M. Gorsuch to the Supreme Court of the United States and the nomination of more than seventy Federal judges—including five individuals from his Supreme Court list—President Trump today announced that he is refreshing his Supreme Court list with five additional judges. President Trump will choose a nominee for a future Supreme Court vacancy, should one arise, from this updated list of 25 individuals. The President remains deeply committed to identifying and selecting outstanding jurists in the mold of Justice Gorsuch. These additions, like those on the original list released more than a year ago, were selected with input from respected conservative leaders.^[15]

”

Endorsements and scorecards

After Larsen was named as a potentialU.S. Supreme Court nominee by Donald Trump, the Michigan Republican Party issued the following statement in support of her:

“

It’s no surprise that Justice Joan Larsen and Judge Raymond Kethledge are on Donald Trump’s shortlist for potential Supreme Court nominees. These constitutional, rule-of-law jurists are great public servants for the people of Michigan, and would be a great addition to the highest court in the country.^[16]^[15]

”

Views on theadministrative state

TheNew Civil Liberties Alliance (NCLA), a public interest law firm with a focus on theadministrative state, published anassessment of potential replacements forJustice Anthony Kennedy based on how each of them approached questions about the administrative state.^[17]^[18]

According to its assessment, Larsen has said things that might indicate opposition to administrative power, but that "her sparse academic and judicial record on these topics makes it impossible to predict her likely future stance with any degree of certainty."^[17] In the view of the assessment, though Larsen has taught legislation and regulation courses at the University of Michigan Law School, her lack of an established judicial record made it difficult to determine her potential stance of administrative power:^[17]

“

Judge Larsen presumably has well-developed views on the administrative state, but she does not have a well-established judicial record on those topics. Nor does her scholarship reveal much aside from a general disposition to respect legislative outcomes. For instance, she has written about a “divide in contemporary constitutional law between liberals’ impulse to constitutionalize—and therefore ‘judicialize’—every important question and conservatives’ impulse to leave every question to ordinary politics.”^[15]

”

Noteworthy cases

Michigan Supreme Court holds that General Motors may coordinate retirees' benefits

In 1990, the United Auto Workers (UAW) and General Motors agreed that General Motors would not coordinate workers’ compensation and disability pensions, giving workers full benefits in both categories. The agreement was recorded in a letter of agreement that was then incorporated in the 1990 collective bargaining agreement (CBA) between the UAW and General Motors. Although that CBA expired in 1993, the prohibition of benefits coordination from the 1990 letter of agreement was included in every subsequent CBA until 2007. In 2007, the UAW and General Motors signed a new letter of agreement. The new letter provided that General Motors would be allowed to coordinate benefits, but only for future retirees. Then, in 2009, the UAW and General Motors agreed that General Motors could coordinate benefits for all retirees, including those who retired prior to the 2007 agreement.^[19]

Clifton Arbuckle began working for General Motors in 1969, and he was represented by the UAW throughout his career with General Motors. In 1991, Arbuckle was injured on the job, and in 1993 he retired and began receiving a disability pension from General Motors. In 1995, he was granted workers’ compensation benefits as a result of his work injury. In 2009, Arbuckle was informed that the UAW and General Motors had agreed to begin coordinating benefits and that his total benefits would be reduced. Arbuckle filed suit. He argued that once he retired, the UAW no longer represented him, so he was not covered by the 2009 agreement. He argued that the 1990 agreement prohibiting General Motors from coordinating benefits still applied to him.^[19]

In an opinion authored by Justice Larsen, a unanimous Michigan Supreme Court disagreed, ruling that General Motors was permitted to coordinate Arbuckle's benefits. Larsen wrote, “Neither the 1990 Letter of Agreement along with the 1990 CBA nor any subsequent agreements created an unalterable right to uncoordinated benefits for life.” Instead, she held, the termed nature of the agreements “evinced the parties’ intent to reserve the power to amend plaintiff’s right to uncoordinated benefits.” Therefore, General Motors’ “coordination of plaintiff’s workers’ compensation benefits with his disability pension benefits did not violate the terms of plaintiff’s disability pension plan.”^[19]

About the court

Sixth Circuit
Court of Appeals

Judgeships
Posts: 16
Judges: 16
Vacancies: 0
Judges
Chief:Jeffrey Sutton
Active judges:Rachel Bloomekatz,John K. Bush,Eric Clay,Stephanie Dawkins Davis,Richard Griffin,Whitney Hermandorfer,Raymond Kethledge,Joan Larsen,Andre Mathis,Karen Moore,Eric Murphy,John Nalbandian,Chad Readler,Kevin Ritz,Jeffrey Sutton,Amul Thapar Senior judges: Alice Batchelder,Danny Boggs,R. Guy Cole Jr.,Deborah Cook,Martha Daughtrey,Julia Gibbons,Ronald Gilman,Ralph Guy,David McKeague,Alan Norris,John M. Rogers,James Ryan,Eugene Siler,Richard Suhrheinrich,Helene White

TheUnited States Court of Appeals for the Sixth Circuit is afederal appellate court with appellatejurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to theSupreme Court of the United States.

The Sixth Circuit has 16 authorized judicial posts. The chief judge of the court isJeffrey Sutton, who was appointed by PresidentGeorge W. Bush (R). Six of the judges on the court wereappointed by Donald Trump (R).

Appeals are heard in the Potter Stewart United States Courthouse inCincinnati, Ohio.

Four judges of the Sixth Circuit went on to serve on theSupreme Court of the United States. Howell Edmunds Jackson was appointed to the Supreme Court in 1893 byBenjamin Harrison (R), William R. Day was appointed in 1903 byTheodore Roosevelt (R), Horace Harmon Lurton was appointed in 1909 byWilliam Howard Taft (R), and Potter Stewart was appointed in 1958 byDwight Eisenhower (R).

Map of the Sixth Circuit. Click on a district to find out more about it.

The Sixth Circuit hasappellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by theSixth Circuit Court of Appeals are petitioned to theSupreme Court of the United States. JusticeSonia Sotomayor is thecircuit justice for the Sixth Circuit.

The United States Court of Appeals for the 6th Circuit hasappellate jurisdiction over the United States district courts in the following federal judicial districts:

To read opinions published by this court, clickhere.

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.