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Sri Srinivasan

From Wikipedia, the free encyclopedia
American judge (born 1967)
This article is about the United States federal judge. For the technology journalist, seeSreenath Sreenivasan.

Sri Srinivasan
Official portrait, 2013
Chief Judge of theUnited States Court of Appeals for the District of Columbia Circuit
Assumed office
February 11, 2020
Preceded byMerrick Garland
Judge of theUnited States Court of Appeals for the District of Columbia Circuit
Assumed office
May 24, 2013
Appointed byBarack Obama
Preceded byA. Raymond Randolph
Principal Deputy Solicitor General of the United States
In office
August 26, 2011 – May 24, 2013
PresidentBarack Obama
Preceded byNeal Katyal
Succeeded byIan Heath Gershengorn
Personal details
BornPadmanabhan Srikanth Srinivasan
(1967-02-23)February 23, 1967 (age 58)
EducationStanford University (BA,JD,MBA)

Padmanabhan Srikanth "Sri"Srinivasan[1] (/ˈsrˌsrniˈvɑːsən/; born February 23, 1967) is an Indian-born American lawyer and jurist serving since 2020 as thechief United States circuit judge of theUnited States Court of Appeals for the District of Columbia Circuit.[2][3] Before becoming a federal judge, Srinivasan served asprincipal deputy solicitor general of the United States and argued 25 cases before theUnited States Supreme Court. He was also a partner at the law firmO'Melveny & Myers and was a lecturer atHarvard Law School.

In 2016, Srinivasan was considered by PresidentBarack Obama as a potential nominee to theSupreme Court of the United States after the death ofAntonin Scalia;[4] Obama nominatedMerrick Garland instead.

Early life and education

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Srinivasan was born on February 23, 1967, inChandigarh,India. His parents wereBrahminIyerHinduTamils. His father, Thirunankovil Padmanabhan Srinivasan, was fromMela Thiruvenkatanathapuram, a village nearTirunelveli,Tamil Nadu. Srinivasan's family first came to the United States in the late 1960s when his father was aFulbright scholar at theUniversity of California, Berkeley. After briefly returning to India, the family permanently immigrated to the United States in 1971 when Srinivasan was four years old.[5][6] They settled inLawrence, Kansas, where his father became a professor ofmathematics at theUniversity of Kansas. His mother, Saroja, taught at theKansas City Art Institute and later worked at the University of Kansas'scomputer science department.[7]

Srinivasan graduated fromLawrence High School in 1985, where he played on the school basketball team alongside futureNBA starDanny Manning.[7] He then attendedStanford University, graduating in 1989 with aBachelor of Arts degree withdistinction. From 1989 to 1991, Srinivasan worked as a management analyst for theSan Mateo County county manager's office.[8] He then jointly attendedStanford Law School and theStanford Graduate School of Business, receiving aJD–MBA in 1995. As a law student, he was an editor of theStanford Law Review and graduated withOrder of the Coif honors.[7]

Career

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After law school, Srinivasan was alaw clerk for JudgeJ. Harvie Wilkinson III of theU.S. Court of Appeals for the Fourth Circuit from 1995 to 1996. He did a one-year fellowship in the Department of Justice's Office of the Solicitor General from 1996 to 1997, then clerked for U.S. Supreme Court justiceSandra Day O'Connor from 1997 to 1998.[7]

From 1998 to 2002, Srinivasan was in private practice as anassociate at the law firm O'Melveny & Myers. He then returned to the Office of the Solicitor General, where he worked from 2002 until 2007. He rejoined O'Melveny & Myers in 2007 as a partner, and was the firm's hiring partner for itsWashington, D.C. office.[9] While at the firm, he representedExxonMobil foraccusations of human rights abuses by hired military personnel at an Indonesian gas plant.[10] In 2010, he represented former Enron executiveJeffrey Skilling inhis appeal before the U.S. Supreme Court, which challenged the"honest services" fraud statute and also that Skilling's trial was never moved fromHouston.[11] The Supreme Court ruled in favor of Skilling on the "honest services fraud" statute, but rejected the trial location argument.[12]

Srinivasan also was a lecturer atHarvard Law School, where he co-taught a course on Supreme Court and appellate advocacy.[9] In 2005 he received theOffice of the Secretary of Defense Award for Excellence from theUnited States Department of Defense.[13]

On August 26, 2011, Srinivasan was appointed to replaceNeal Katyal as Principal Deputy Solicitor General of the United States.[2] As of May 2013, Srinivasan had argued 25 cases before the U.S. Supreme Court. Earlier in his career, he also performedpro bono work for presidential candidateAl Gore during the aftermath of the2000 presidential election.[14]

In 2013, he was part of the legal team that presented arguments before the Supreme Court against theDefense of Marriage Act in the case ofUnited States v. Windsor.[15] He left the Solicitor General's office on May 24, 2013, when he was commissioned as a federal judge.

Federal judicial service

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In March 2010,National Review bloggerEdward Whelan wrote that the Obama administration had been considering nominating Srinivasan to one of two vacancies on theUnited States Court of Appeals for the District of Columbia Circuit and that the idea of nominating Srinivasan had run into opposition from some Obama supporters because of Srinivasan's work in the U.S. Solicitor General's office during the Bush administration, and union animosity to Srinivasan's corporate clients in private practice.[16]

In June 2012, Obama nominated Srinivasan to the seat on the D.C. Circuit.[17] On January 2, 2013, his nomination was returned to the President, due to thesine die adjournment of the Senate; the next day he was renominated to the same office.[18]

His Senate confirmation hearing on April 10, 2013 was uneventful.[19] His nomination was reported out of committee on May 16, 2013, by a 18–0 vote.[20] A final vote on his nomination took place on May 23, 2013, where he was confirmed by a 97–0 vote.[6][21][22] He received his commission on May 24, 2013.[1] He took the oath of office before Chief JudgeMerrick Garland in June.[23] At his formal swearing-in ceremony in September, administered by retired Supreme Court justiceSandra Day O'Connor, he took the oath on the Hindu holy bookBhagavad Gita[24] and became the first federal appellate judge ofSouth Asian descent.[25] He became Chief Judge on February 11, 2020.[26]

Notable decisions

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  • Srinivasan authored the D.C. Circuit's decision inPom Wonderful v. FTC, 777 F.3d 478 (2015),[29] which upheldFTC regulations that require health-related advertising claims be supported by clinical studies while simultaneously trimming the number of studies required onFirst Amendment grounds.[30]
  • InHome Care Association of America v. Weil, 799 F. 3d 1084 (2015),[31] Srinivasan authored the D.C. Circuit's decision reinstating, underChevron deference, regulations that guarantee overtime and minimum wage protection to home health care workers, citing "dramatic transformation" of the home care industry over the past forty years as reason for the change.[32]
  • Srinivasan authored the D.C. Circuit's decision inHodge v. Talkin, 799 F. 3d 1145 (2015),[33] which upheld a federal law prohibiting demonstrations in theU.S. Supreme Court Building's plaza as justified by the Supreme Court's interest in not giving the appearance of being influenced by public opinion and as consistent withnonpublic forum viewpoint-neutral restrictions, where demonstrations could proceed on nearby public sidewalks.[34]
  • InJarkesy v. SEC, 803 F. 3d 9 (2015),[35] Srinivasan authored the D.C. Circuit's decision holding that the securities laws under theDodd–Frank Act provide an exclusive avenue for judicial review that plaintiffs may not bypass by filing suit in district court.[36]
  • Srinivasan authored the D.C. Circuit's decision inSimon v. Republic of Hungary, Slip Op. (2016),[37] holding that Article 27 of theForeign Sovereign Immunities Act merely creates a floor on compensation forHolocaust survivors because the text of the1947 peace treaty between Hungary and the Allies does not bar claims outside of the treaty and because the Allies "lacked the power to eliminate (or waive) the claims of" Hungary's own citizens against their government.[38]
  • In a July 6, 2021 ruling,The Judge Rotenberg Educational Center, Inc. v. FDA, Srinivasan dissented when the majority overturned the FDA's ban on shocking devices, which the Judge Rotenberg Educational Center uses to torture autistic and disabled students. "The result of the majority's ruling," he wrote, is to "force" the FDA to either "abolish a highly beneficial use" of a device "so it can stamp out a highly risky one," or to "stomach the highly risky use so it can preserve the highly beneficial one."[39][40]

Supreme Court consideration

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In April 2013,Mother Jones suggested that Srinivasan ultimately might be nominated by President Obama for theSupreme Court of the United States;[41] during the same month,Jeffrey Toobin also opined that should he be confirmed for theD.C. Circuit, he would be Obama's next nominee to the Supreme Court.[42] If he had been nominated, he would have been the firstIndian American, firstAsian American and firstHindu candidate for the Supreme Court.[43]

Following the death of Supreme Court JusticeAntonin Scalia on February 13, 2016, Srinivasan was again widely speculated to be among the most likely contenders to be appointed to fill the seat, prior to the nomination ofMerrick Garland.[44][45] After Senate Majority LeaderMitch McConnell threatened to refuse to consider any Obama appointee to fill the seat in an election year, and split political parties in government, it was thought that Srinivasan, who was confirmed 97–0 in 2013, would be politically difficult to block, had he been nominated.[46][47]

Scholarly works

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See also

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References

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  1. ^abSri Srinivasan at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  2. ^abHuisman, Matthew (August 26, 2011)."Srinivasan Leaving O'Melveny to Become Deputy Solicitor General".The Blog of Legal Times. RetrievedAugust 27, 2011.
  3. ^President Obama Nominates Two to Serve on the U.S. Court of Appeals for the District of Columbia Circuit. Office of the White House Press Secretary. June 11, 2012.
  4. ^Smith, David (February 24, 2016)."Sri Srinivasan: potential supreme court nominee could break GOP blockade".The Guardian. The Guardian.
  5. ^Goldstein, Amy (March 11, 2016)."Will the U.S. Supreme Court get its first Asian American justice?".The Washington Post. RetrievedMarch 16, 2016.
  6. ^abEilperin, Juliet (May 23, 2013)."Sri Srinivasan confirmed to judicial seat in unanimous Senate vote".The Washington Post. RetrievedMay 27, 2013.
  7. ^abcdMauro, Tony (February 26, 2010)."Srinivasan's Star Rising at the Supreme Court".The Blog of Legal Times. RetrievedAugust 27, 2011.
  8. ^Sri Srinivasan Senate Judiciary Committee Questionnaire
  9. ^ab"Professionals: Sri Srinivasan". O'Melveny & Myers. Archived fromthe original on September 5, 2012. RetrievedMay 27, 2013.
  10. ^Schor, Elana (February 17, 2016)."Greens wary of Sri Srinivasan's fossil fuel past".Politico.
  11. ^Streib, Lauren (February 26, 2010)."Next Up For The Unstoppable Sri Srinivasan: Jeff Skilling Defense".Business Insider. RetrievedMay 27, 2013.
  12. ^"Supreme Court Limits Scope of 'Honest Services' Statute – Skilling v. United States".The National Law Review. September 8, 2010.Archived from the original on July 11, 2015. RetrievedFebruary 14, 2016.
  13. ^"Indian American Judge Makes U.S. History"The Times of India (May 24, 2013).
  14. ^Serwer, Adam (April 10, 2013)."Who Is Sri Srinivasan, Obama's "Supreme Court Nominee in Waiting"?".Mother Jones. RetrievedFebruary 13, 2016.
  15. ^KJ McElrath (February 17, 2016)."Supreme Court Front-Runner Sri Srinivasan: Progressive Judge Or Just Another Corporate Shill?".The Ring of Fire Network.
  16. ^Ed Whelan (March 15, 2010)."National Review Online".National Review.
  17. ^"President Obama Nominates Two to Serve on the U.S. Court of Appeals for the District of Columbia Circuit".whitehouse.gov. June 11, 2012. RetrievedMay 27, 2013 – viaNational Archives.
  18. ^"President Obama Re-nominates Thirty-Three to Federal Judgeships".whitehouse.gov. January 3, 2013. RetrievedMay 27, 2013 – viaNational Archives.
  19. ^Peters, Jeremy W. (April 10, 2013)."Easy Hearing for Obama's Choice for Court".The New York Times.
  20. ^"Results of Executive Business Meeting - May 16, 2013"(PDF). judiciary.senate.gov. May 16, 2013. RetrievedNovember 1, 2022.
  21. ^"On the Nomination (Confirmation Srikanth Srinivasan, of Virginia, to be U.S. Circuit Judge for D.C. Circuit)". United States Senate. May 23, 2013. RetrievedMay 27, 2013.
  22. ^Wolf, Richard (May 23, 2013)."Sri Srinivasan: Supreme Court justice in the making?".USA Today. RetrievedMay 27, 2013.
  23. ^"D.C. Circuit Judge Srinivasan Sworn In".The BLT: The Blog of Legal Times.
  24. ^"Sri Srinivasan sworn in as judge of top US court".The Hindu. September 27, 2013. RetrievedFebruary 14, 2016.
  25. ^Marimow, Ann (September 26, 2013)."New judge Sri Srinivasan joins U.S. Court of Appeals in D.C."The Washington Post. RetrievedFebruary 14, 2016.
  26. ^"PRESS RELEASE"(PDF). United States Courts for the D.C. Circuit. RetrievedFebruary 12, 2020.
  27. ^Sierra Club v. Jewell, 764 F. 3d 1 (D.C. Circuit 2014)
  28. ^Rosenberg, Mica (August 26, 2014)."U.S. court rules for groups defending historic site from coal mining".Reuters. RetrievedFebruary 17, 2016.
  29. ^Pom Wonderful v. FTC, 777 F.3d 478 (D.C. Circuit 2015)
  30. ^Doyle, Michael (January 30, 2015)."Court upholds deception claims against POM Wonderful".McClatchy. RetrievedFebruary 16, 2016.
  31. ^Home Care Association of America v. Weil, 799 F. 3d 1084 (D.C. Circuit 2015)
  32. ^Hananel, Sam (August 21, 2015)."Appeals court reinstates wage rules for home care workers".PBS NewsHour.PBS.Associated Press. RetrievedFebruary 14, 2016.
  33. ^Hodge v. Talkin, 799 F. 3d 1145 (D.C. Circuit 2015)
  34. ^Barnes, Robert (August 28, 2015)."Protesters have no free-speech rights on Supreme Court's front porch".The Washington Post. RetrievedFebruary 14, 2016.
  35. ^Jarkesy v. SEC, 803 F. 3d 9 (D.C. Circuit 2015)
  36. ^Feldman, Noah (October 2, 2015)."SEC's New Court Powers Aren't Going Away".Bloomberg. RetrievedFebruary 17, 2016.
  37. ^Simon v. Republic of Hungary, Slip Op. (D.C. Circuit 2016)
  38. ^Loomis, Alex (February 5, 2016)."Simon v. Republic of Hungary—Summary in Brief".Lawfare. RetrievedFebruary 14, 2016.
  39. ^"Trump Judge Casts Deciding Vote to Strike Down FDA Regulation Banning Dangerous Uses of Medical Device: Confirmed Judges, Confirmed Fears".People For the American Way. July 14, 2021. RetrievedJuly 23, 2021.
  40. ^"Judge Rotenberg Educational Center v United States Food and Drug Administration"(PDF).cadc.uscourts.gov. July 6, 2021. RetrievedJuly 23, 2021.
  41. ^Serwer, Adam (April 10, 2013)."Who Is Sri Srinivasan, Obama's "Supreme Court Nominee in Waiting"?".Mother Jones. RetrievedMarch 27, 2014.
  42. ^Toobin, Jeffrey (April 9, 2013)."Sri Srinivasan, the Supreme Court Nominee-in-Waiting".The New Yorker. RetrievedMay 27, 2013.
  43. ^Goldstein, Amy (March 11, 2016)."Will the U.S. Supreme Court get its first Asian American justice?".The Washington Post. RetrievedMarch 14, 2016.
  44. ^Potential Supreme Court NomineesThe New York Times, February 14, 2016.
  45. ^"Who Are The Possible Candidates To Fill Scalia's Seat?"NPR, February 14, 2016.
  46. ^Gerstein, Josh (February 14, 2016)."Obama's Supreme Court short list".Politico. RetrievedFebruary 21, 2016.
  47. ^MacGillis, Alec (February 19, 2016)."Why is Mitch McConnell Picking This Fight?".The New York Times. RetrievedFebruary 21, 2016.

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