Patricia Ann Millett
Patricia Ann Millett is afederal judge of theUnited States Court of Appeals for the District of Columbia Circuit who was nominated by PresidentBarack Obama in June 2013.
On October 31, 2013, theSenate blocked the nomination, voting 55 to 38. Millett needed 60 votes for confirmation. Millett was ultimately confirmed on the first confirmation vote after theSenate'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 theU.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 herJ.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, HonorableThomas TangNinth Circuit
- 1988-1990: Attorney (private practice), Washington D.C.
Federal judicial career
Possible 2016 SCOTUS nominee
Prior to PresidentBarack Obama's nomination ofMerrick Garland, Millett was mentioned as apossible nominee to replace formerUnited States Supreme Court JusticeAntonin 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. |
 ANominated: June 4, 2013 |
| AABA Rating: Unanimously Well Qualified |
| Questionnaire:Questionnaire |
| AHearing: July 10, 2013 |
| QFRs:QFRs(Hover over QFRs to read more) |
| AReported: August 1, 2013 |
| AConfirmed: December 10, 2013 |
| AVote: 56-38 |
On June 4, 2013, PresidentBarack Obama nominated Millett to theUnited States Court of Appeals for the District of Columbia Circuit to fill the vacancy left byJohn G. Roberts Jr. upon his elevation to theSupreme 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 ratedUnanimously Well Qualified by theAmerican Bar Association. She had a hearing before the Senate Judiciary Committee on July 10, 2013. HerCommittee Questionnaire is available here, and herQuestions 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. SenatorPatrick 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] | ” |
SenatorJohn McCain, who previously stated that the three judges nominated to theDistrict of Columbia Circuit should receive votes, sided with the Republicans. Before the vote, McCain stated his commitment to the Senate filibuster.[10]
Senate Majority LeaderHarry 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 thefilibuster change that removed the 60-vote majority needed to end debate on a nominee. This change was sparked by the filibustering of Millett along withRobert Leon Wilkins andCornelia T. L. Pillard, who were all candidates for theDistrict of Columbia Circuit at the time.[12]
Noteworthy cases
SCOTUS strikes Indianapolis checkpoints under Fourth Amendment (2000)
On November 28, 2000, theU.S. Supreme Court struck down a program of checkpoints used inIndianapolis, Indiana, in the case ofCity of Indianapolis v. Edmond.Patricia Ann Millett, an assistant to the solicitor general in theU.S. Department of Justice, served as counsel for the government in favor of thepetitioners.
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. TheSeventh Circuit Court of Appeals reversed.
Writing for a six-justice majority of theU.S. Supreme Court, JusticeSandra Day O'Connoraffirmed theSeventh 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
The link below is to the most recent stories in a Google news search for the termsJudge Patricia Millett. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
- "Remarks by the President on the Nominations to the U.S. Court of Appeals for the District of Columbia Circuit," June 4, 2013
- Judge Millett's biography from theFederal Judicial Center
Footnotes
- ↑1.01.1The 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
- ↑4.04.1Federal 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
- ↑8.08.1Note: 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
- ↑10.010.1The 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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| Preceded by - | United States Court of Appeals for the District of Columbia Circuit 2013-Present | Succeeded by - |
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