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William Shaw Stickman

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William Shaw Stickman IV

Nonpartisan

United States District Court for the Western District of Pennsylvania

Tenure

2019 - Present

Years in position

Education

Bachelor's

Duquesne University, 2002

Law

Duquesne University School of Law, 2005

Contact

Official website

William Shaw Stickman IV is a judge on theUnited States District Court for the Western District of Pennsylvania. On May 13, 2019, PresidentDonald Trump (R) nominated Stickman to this court.^[1] TheU.S. Senate confirmed Stickman on July 31, 2019, on a vote of 56-34.^[2] He received commission on August 5, 2019.^[3] To see a full list of judges appointed byDonald Trump,click here.

TheUnited States District Court for the Western District of Pennsylvania 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.

Stickman was a partner at Del Sole Cavanaugh Stroyd LLC from 2013 to 2019.^[4]

Judicial nominations and appointments

United States District Court for the Western District of Pennsylvania

See also:Federal judges nominated by Donald Trump

On May 13, 2019, PresidentDonald Trump (R) nominated Stickman as anArticle III judge on theU.S. District Court for the Western District of Pennsylvania.^[1] TheU.S. Senate confirmed Stickman on July 31, 2019, on a vote of 56-34.^[2] To read more about the federal nominations process,click here.

Nomination Tracker

Nominee Information
Name: William Shaw Stickman
Court:United States District Court for the Western District of Pennsylvania
Progress
Confirmed 79 days after nomination.
ANominated: May 13, 2019
AABA Rating:Substantial majority well qualified / Minority qualified
Questionnaire:Questionnaire
AHearing: June 5, 2019

QFRs:QFRs(Hover over QFRs to read more)

AReported: June 27, 2019
AConfirmed: July 31, 2019
AVote: 56-34

Confirmation vote

The U.S. Senate confirmed Stickman on July 31, 2019, on a vote of 56-34.^[2] To see a full breakdown of the vote on the official U.S. Senate website,click here.

Stickman confirmation vote (July 31, 2019)
Party	Yea	Nay	No vote
Democratic	5	33	7
Republican	51	0	2
Independent	0	1	1
Total	56	34	10

Change in Senate rules

See also:

Filibuster and reconciliation in the United States Congress

Federal judges nominated by Donald Trump

United States federal courts

Stickman was 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

TheSenate Judiciary Committee held hearings on Stickman's nomination on June 5, 2019.^[2] On June 27, 2019, the committee voted 12-10 to advance Stickman's nomination to the full Senate.^[8]

Nomination

Stickman was nominated to succeed JudgeJoy Conti, who assumedsenior status on December 6, 2018.^[2]

TheAmerican Bar Association rated Stickmanwell qualified by a substantial majority andqualified by a minority for the position.^[9] To read more about ABA ratings,click here.

Early life and education

Stickman was born inPittsburgh, Pennsylvania, in 1979. He obtained a B.A.,summa cum laude, from Duquesne University in 2002. He received aJ.D. from the Duquesne University School of Law in 2005.^[10]^[4]

Professional career

2019-present: Judge,U.S. District Court for the Western District of Pennsylvania
2007-2019: Del Sole Cavanaugh Stroyd LLC
- 2013-2019: Partner
- 2007-2013: Associate
2006-2007: Law clerk to Chief JusticeRalph Cappy,Supreme Court of Pennsylvania
2005-2006: Associate, Reed Smith LLP^[4]

Associations

Allegheny County Bar Association
Pennsylvania Bar Association
Bar Association of the Third Federal Circuit
The Selden Society^[10]

Noteworthy cases

County of Butler v. Wolf (2020)

See also:Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

County of Butler v. Wolf: On September 14, 2020, JudgeWilliam Shaw Stickman, of the U.S. District Court for the Western District of Pennsylvania, struck down some of Pennsylvania GovernorTom Wolf’s (D) COVID-19 orders. The suit, which was brought on behalf of various Pennsylvania counties, businesses, and elected officials, challenged Wolf’s restrictions on indoor and outdoor gatherings, the continued closure of "non-life-sustaining" businesses, and prolonged stay-at-home orders. Writing that the "liberties protected by the Constitution are not fair-weather freedoms," Stickman, an appointee of President Donald Trump (R), ruled that the "Constitution cannot accept the concept of a 'new normal' where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures." In his order, Stickman found "(1) that the congregate gathering limits … violate the right of assembly enshrined in the First Amendment; (2) that the stay-at-home and business closure components of defendants' orders violate the due process clause of the Fourteenth Amendment; and (3) that the business closure components of defendants' orders violate the Equal Protection Clause of the Fourteenth Amendment." Stickman limited remedy to the plaintiff individuals and businesses, dismissing the counties for lacking standing to sue. Reacting to the order, Thomas E. Breth, an attorney for the plaintiffs, said, "You can't tell 13 million Pennsylvanians that they have to stay home. That's not America. It never was. That order was horrible." Lyndsay Kensinger, Wolf’s press secretary, indicated that Wolf would seek to stay the decision while seeking an appeal, adding that the "ruling does not impact any of the other mitigation orders currently in place including … mandatory telework, mandatory mask order, worker safety order, and the building safety order."^[11]^[12]^[13]

On September 22, 2020, Stickman declined to stay his initial order, ruling that a stay would be unwarranted given his finding that Wolf had not met the "burden of establishing even the minimal showing of success on the merits" upon appeal. Stickman said that Wolf’s participation in "large public protests across the Commonwealth" during the summer, and the voluntary suspension of certain stay-at-home and business closure orders, undermined Wolf’s argument that his administration and the people of Pennsylvania would result in irreparable harm absent a stay. In response to this, and alluding to the pending appeal in the U.S. Court of Appeals for the Third Circuit, Wolf said, "We’re working in the meantime to present schools and others with guidance to say ok, in our best estimation from the health point of view, you got to be careful if you get together."^[14]^[15]

About the court

United States District Court for the Western District of Pennsylvania

Western District of Pennsylvania
Third Circuit

Judgeships
Posts: 10
Judges: 10
Vacancies: 0
Judges
Chief:Cathy Bissoon
Active judges: Susan Baxter,Cathy Bissoon,Robert J. Colville,Stephanie Haines,William Scott Hardy,Marilyn J. Horan,Mark Raymond Hornak,J. Nicholas Ranjan,William Shaw Stickman IV,Christy Wiegand Senior judges: David Cercone,Joy Conti,Nora Fischer,Arthur Schwab

TheUnited States District Court for the Western District of Pennsylvania is one of 94United States district courts.

When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Third Circuit based in downtownPhiladelphia at the James Byrne Courthouse.

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

The geographic jurisdiction of the Western District of Pennsylvania consists of all the followingcounties in the western part of the state ofPennsylvania.

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.