[24] Buchanan v. Colvin, No. During her Senate confirmation hearing for the appeals court in 2017, Democrats pressed Barrett on whether her strong religious views would impact her potential rulings on abortion and other hot-button social issues. , No. For each of these steps, Thapar has one man to thank, Senate Majority Leader Mitch McConnell (R-KY), who has carefully steered his protege’s career. For example, in Fields v. Henry County, Tenn. (decided while he was sitting by designation), Thapar held that the Constitution did not prohibit the automatic detention of domestic violence arrestees, holding that there is no constitutional right to speedy bail. CV 15-164-ART, 2015 WL 12661963, at *1 (E.D. 09-63-ART, 2010 WL 3620251, at *1 (E.D. After a short stint as an associate at Williams and Connolly, Thapar joined the U.S. Attorney’s Office in Washington D.C. [23]  However, in a number of cases, Thapar has reversed the ALJ, ruling that they have failed to support their ruling denying benefits. CV 11-157-ART-EBA, 2016 WL 1029331, at *1 (E.D. 29, 1969. , No. CV 13-133-ART, 2014 WL 12649006, at *1 (E.D. LLC v. Yamaha Motor Corp., U.S.A., No. 18, 2013); , No. In his nine years on the federal bench, Thapar has authored more than 600 orders and opinions. Three factors may explain the unanimity: At any rate, Thapar’s nomination can be compared to that of Judge David Hamilton, the first circuit court nominee President Obama sent to the Senate. Ky. 2013). CRIM. (“Louisville lawyer Sheryl Snyder said that he believes that McConnell is backing U.S. District Judge Amul Thapar…”). 2d 452, 453 (E.D. Ky. Oct. 8, 2010); , No. Ky. 2010). By all accounts, Trump is looking for credentialed young conservatives for the Supreme Court. Over his eight year tenure on the Eastern District of Kentucky, approximately fifteen of Thapar’s opinions have been reversed by the Sixth Circuit, or the Supreme Court. CIV. CIV. 3d 684, 691 (E.D. CRIM. [3] Brenay v. Schartow, 709 F. App’x 331. 17-3737, 2018 WL 1719097, at *6 (6th Cir. [8]  While Thapar’s record generally indicates a conservative judicial philosophy, there are some notable characteristics that suggest a more independent bent. Ky. Dec. 19, 2012). Thapar’s cases generally follow this pattern. 2014). 2d 864, 866 (E.D. CRIM. Thapar dismissed the case, stating that prisoners did not have a constitutional right to avoid prison transfers or segregation. Ky. Dec. 13, 2016) (internal citations omitted). [11], “In baseball, ties go to the runner. Judge David Hamilton, President Obama’s first nominee to the federal bench, was, by all accounts, a moderate, credentialed, and well-liked candidate. [6]  Thapar’s reasoning was lambasted in dissent by Judge Karen Nelson Moore, who suggested that Thapar had a “radical view of probable cause” that was “far more expansive than any circuit had taken to date.”[7], Thapar has, on occasion, issued decisions that could be considered more “liberal.”  For example, Thapar held that police officers were protected by the First Amendment in exposing illegal wiretapping of private conversations conducted by law enforcement. Ky. Jan. 16, 2013); [25] Pike v. Colvin, No. [27] Hill v. Lappin, 630 F.3d 468 (6th Cir. He was the first Indian American to serve as U.S. Attorney for a federal district, the first Indian American to serve as an Article III federal judge, and finally, the first nominee to a lower court vacancy by the Trump Administration. [2] Executive Business Meeting Before the S. Comm. [30] Turner v. Comm’r of Soc. In most of the social security appeals he has heard, Thapar has affirmed the decision of the ALJ below. CV 14-56-ART, 2014 WL 12567181, at *1 (E.D. Ky. May 13, 2013); Coleman v. Astrue, No. [11] See, e.g., Worldwide Equip. 10-31-ART, 2011 WL 4072817, at *1 (E.D. Thapar affirmed the defendants’ convictions for willful injury of national defense premises with intent to harm the national defense. CRIM. – This case involved a suit against a state prison after an inmate died of complications from diabetes. Furthermore, Thapar may face criticism for his overturning of canons in Kentucky’s Code of Judicial Conduct, which may be paralleled to the Supreme Court’s ruling in Citizens United. 2d 613 (2012). Ky. Sept. 15, 2014). Tech., LLC v. Rosenberg, No. (quoting Robert Steurer, spokesperson for McConnell) (“Rather than work with [McConnell] to fill this vacancy, [the Obama White House] submitted Justice Hughes without even notifying Leader McConnell. If anything, Thapar’s record is more moderate than that of Justice Neil Gorsuch. Current Position: Judge on the U.S. Court of Appeals for the Sixth Circuit since 2017, Education: B.S. Thapar meets all three criteria: he has strong academic credentials; is younger than every Supreme Court nominee since Clarence Thomas; and has a relatively conservative record on the bench. The defendants broke into a nuclear facility, and vandalized it with banners and human blood. He is the second Indian-American judge to be a leading contender for the Supreme Court, showing the community's reach across both parties and its influence. Co., No. 2015). The 52-48 vote was surprisingly close, with every Democrat voting against cloture. [13] Winter v. Wolnitzek, 834 F.3d 681 (6th Cir. Ky. Apr. , No. Ky. 2012). Pinholster.[40]. 510 (6th Cir. Serial No. [29]  The Sixth Circuit reversed, holding that the plaintiff had earned attorney’s fees under the Equal Access to Justice Act. Ky. 2013); , No. CRIM.10-11-ART, 2010 WL 3724841, at *1 (E.D. 13-3-ART, 2013 WL 5529329, at *2 (E.D. [27]  Judge Gilman argued that Hill had successfully pled a First Amendment retaliation claim. USA Today reported that Thapar is a darling of the Federalist Society, the conservative intellectual group that believes the US constitution should be interpreted as it was written. These opinions are mostly unanimous, with only two sparking a dissent by a panel judge. As the chief federal prosecutor in Eastern Kentucky, Thapar supervised all civil and criminal litigation in the district. 12-157-ART, 2013 WL 2103143, at *1 (E.D. 2d 864, 866 (E.D. CV 13-154-ART, 2014 WL 12573849, at *1 (E.D. Ky. Aug. 11, 2010); , No. Ky. Dec. 12, 2014); United States v. Roos, No. CV 13-38-ART, 2015 WL 6756374, at *1 (E.D. [5] Press Release, The White House, President Obama Nominates Justice Lisabeth Tabor Hughes to Serve on the United States Court of Appeals (Mar. Amy Coney Barrett: Barrett, 48, is widely considered to be the front-runner. 566 U.S. 902, 132 S. Ct. 1790, 182 L. Ed. Thapar’s nomination has moved incredibly quickly. Ky. Nov. 4, 2015); , No. Thapar was born in Detroit and his family wanted him to become a doctor, but he chose law instead, the newspaper said. Ky. May 13, 2013); , No. This is the second time that Judge Amul Roger Thapar has been considered by President Trump for a Supreme Court appointment. But, progressive groups like Demand Justice had launched attack ads denouncing Thapar as a “far-right judge” and warning he would “sell our government to the highest bidder”.Â. 11-57-ART, 2012 WL 3644967, at *1 (E.D. , 56 F. Supp. [35]  The Sixth Circuit reversed in an opinion by Judge Raymond Kethledge, holding that the defendants did not “intend” to harm the national defense. [14], Mixed Record on Criminal Procedural Protections. Why? If elevated to the Supreme Court, she would be the youngest justice confirmed since the early 1800s. 2012) (reversing grant of summary judgment in a case with “an abundance of genuine factual disputes on material issues”). Ky. Mar. 25, 2016) (denying a motion for judgment on the pleadings). Ky. 2013). Ky. May 10, 2016) (holding that the plaintiff did not need expert evidence to prove damages); Griffith v. Conn, No. Considered a conservative, Thapar, 49, had served as a federal prosecutor before then president George W. Bush appointed him a judge of the federal court for eastern Kentucky in 2007. [9], Before his elevation, Thapar served on the U.S. District Court for the Eastern District of Kentucky for nine years. 3d 884, 889 (E.D. Democrats’ unified opposition to Thapar is notable, as his record is not particularly extreme, and several mainstream legal groups, including the National Asian Pacific American Bar Association support his nomination. Rather, his record suggests that, while Thapar is conservative, he is nonetheless a judge who takes the law seriously. You can read more about Thapar here. During this time, Thapar volunteered for the campaigns of several Kentucky Republicans, including Gov. [14] Michelle Mark, Trump Has Narrowed His Supreme Court Nominee Shortlist to 5 Candiates – And There Are Reportedly 3 Qualities the Winner Must Embody, Business Insider, June 30, 2018, http://www.businessinsider.com/trump-supreme-court-nominee-shortlist-3-main-qualities-2018-6. CIV.A. granted, judgment vacated, 566 U.S. 902, 132 S. Ct. 1790, 182 L. Ed. 9, 2018) (Batchelder, J., dissenting) (dissenting from majority opinion reversing dismissal of plaintiff’s ERISA claim); , 709 F. App’x 331, 337 (6th Cir. [12] Bentley v. Highlands Hosp. , 764 F. Supp. Ky. Feb. 28, 2017) (suppressing non-Mirandized statement as elicited in violation of the Fifth Amendment). 2017) (Clay, J., dissenting) (stating that Plaintiffs did not waive their malicious prosecution claims). , 704 F. Supp. This seat opened four years ago with the retirement of Judge Boyce Martin, a fierce liberal voice on the circuit. 10-53-ART, 2011 WL 1115000, at *1 (E.D. Thapar attended Boston College and UC Berkeley School of Law, receiving his J.D.

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