Civic Register
| 8.7.21
Know a Nominee: Eunice Lee to the Second Circuit Court of Appeals
Do you support or oppose Lee’s nomination?
UPDATE 8/7/21
- The Senate on Saturday voted 50-47 along party-lines to confirm Eunice Lee to the Second Circuit Court of Appeals. She will take the bench after receiving her judicial commission.
UPDATE 8/5/21
- The Senate on Thursday voted 50-49 to limit further debate on Eunice Lee’s nomination to serve as a judge on the Second Circuit Court of Appeals. The vote was along party-lines, and a confirmation vote is expected on Saturday.
- Sen. Lindsey Graham (R-SC) was the only senator not to vote due to his quarantine for a breakthrough COVID-19 infection, and he previously voted to advance Lee’s nomination out of committee.
The Senate is expected to consider the nomination of Eunice Lee to serve as a judge on the Second Circuit Court of Appeals in the near future. Here’s what you need to know about the nominee:
Who is Eunice Lee?
- Lee, age 50-51, is a lawyer who works as an assistant public defender in federal cases with the Federal Defenders of New York.
- She earned her undergraduate degree from Ohio State University and her law degree from Yale Law School. After law school, Lee clerked for Judge Susan Dlott on the U.S. District Court for the Southern District of Ohio from 1996-1997 and Judge Eric Clay on the U.S. Sixth Circuit Court of Appeals from 1997-1998. (This Eunice C. Lee is not to be confused with another Eunice C. Lee who also graduated from Yale Law School and currently teaches at the University of Arizona.)
- Lee worked with the appellate defender’s office in New York City from 1998-2019. Initially, she was a staff attorney, in 2001 she was named supervising attorney, and from 2003-2019 she was the office’s director of recruitment and outreach. Lee has represented over 380 indigent clients as a public defender during her tenure there.
- She also worked as an adjunct assistant law professor at the New York University School of Law from 2003 to 2019 teaching an appellate defense clinic.
- If confirmed, Lee would be the only judge on the circuit with experience as a public defender and would also be the second black woman ever to serve on the Second Circuit.
What’s the outlook for her confirmation?
- The Senate Judiciary Committee advanced Lee’s nomination on a mostly party-line vote of 11-10, with all Republicans opposed except for Sen. Lindsey Graham (R-SC), who voted in favor of Lee’s nomination.
- Republican senators pressed Lee during her confirmation hearing about a controversial letter she wrote to the Ohio State University newspaper as an undergraduate in which she criticized Supreme Court Justice Clarence Thomas as being part of a group of black conservatives who deny racism is an obstacle and only acknowledge it when it suits them. She wrote at the time, “I might stop short of calling Thomas a hypocrite, but I am reminded of that saying of how there are no atheists in foxholes. Perhaps you can also say there are no black ‘conservatives’ when in the political hot seat.”
- Lee distanced herself from the letter when responding to those questions during her confirmation hearing, saying the letter “does not reflect the views that I have today” and that “I don’t espouse the views in that letter now.” She also added that she didn’t think it appropriate to comment on a federal judge as a nominee to the federal bench and that her personal views about Thomas and black conservatives at large wouldn’t influence her decisions as a judge.
- The American Bar Association’s judicial nomination rating panel gave Lee a rating of “well qualified” according to a substantial majority of the panel, while a minority of the panel rated her “qualified.”
What does it mean for the Second Circuit?
- Lee’s confirmation would fill a vacancy that became vacant on January 21, 2021, when Judge Robert Katzmann (a Bill Clinton appointee) took senior status. Katzmann’s duty station was in New York City, New York.
- The Second Circuit has 13 active judgeships. Of the judges currently on the bench, one was appointed by Bill Clinton, one by George W. Bush, three by Barack Obama, and five by Donald Trump. There are three total vacancies (including Katzmann’s), the other two judges who vacated their seats to take senior status were appointed by Bill Clinton and George W. Bush. Nominees to the two other seats will likely be considered by the Senate later this year.
— Eric Revell
(Photo Credit: iStock / imaginima)
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My opinion has shifted. I might be wrong. Hear me out. Then think about it. She sounds fine, glad to have her but... My boxes haven't been all checked: Smart [√] Well Educated [√] Female [√] Dark Skinned [√] Moral [?] Pro 99% [?] We need a few judges who will be truly representative of and fair to the 99% and down to the lowest 1% Judges who will not side with the Realtors, the Banks, the Insurance Companies, or the Large Corporations. _That_ judge will be mischaracterized as a Socialist. Since Judge Eunice hasnt be condemned vociferously, I now have some doubt.
Question: Are Blue Dog Democrats a subset of Corporate Democrats? See https://en.wikipedia.org/wiki/List_of_members_of_the_Blue_Dog_Coalition? I don't trust suits.
Related: What intel do we have on Damian Williams whom Biden is nominating for Manhattan’s U.S. attorney? Sorry, my pre-Trumpian skepticism of Corporate Democrats is returning, and it's stronger and is even more questioning.
Well qualified and Republicans are balking. ABA says ‘well qualified’, has a history of looking out for the people - what’s not to like. It is curious though that the Republican Faction still feels that they have a say in this manner. I do not recall the Democrats having any say in McConnell’s extensive and unprecedented packing the justice system at all levels including the Supreme Court; and in many cases unqualified judicial appointments (according to the ABA because of lack of experience or a overtly conservative bias in their rulings). … … … When an actual President takes the responsibility of appointing judges based on their qualifications and experience instead of delegating that responsibility to political activist organizations like the Federalist Society and the Republican Faction’s chief hatchet man, McConnell, you can expect to see nominees without any demonstrated political bias and a history of working for our country which, by definition, is the all of us and not the chosen few.
It is interesting the Republican vote on party lines no matter what and more so when they control all three branches. Lock step works for them, right off the cliff of no return, dragging the rest of the country down with them into the abyss, Sort of like the corona virus! Sadly One thing the delta corona virus is doing, is weed out republicans and the conspiracy theories mainly. To prove their point dying and killing others is no big deal, until they show up in the hospital. Then they want to get the shot, but it’s to late the only thing that might save them is the antibody, just like Trump got!
Vote NO!!
Excellent choice
You allowed a fraudulent election (Judges, Governors, election officials violated their State's election law. Our Sacred Constitution gives authority to State Lawmakers, and no-one else. You must not allow this fake p to seat anyone, for any reason.You stand between Our Exceptional Nation and the biden plan to turn USA into a communist cesspool. Act Now, or do not expect anymore votes from Your GOP base.
Do Not Vote for this Joker, we the people will regret it.
I'm so glad that Judge Lee has been confirmed to the Second Circuit. Not only is she a rare (only?) public defender elevated to the Federal Court, but she will help add compassion and diversity to the court, which desperately needs it. I hope President Biden continues to reshape the courts like this so that they are more diverse and balanced.
We don’t need another liberal judge.
I support.
Well we have another nomination for an appellate judgeship and she meets the two top qualifications for Comrade dear leader Beijing Biden which are she is black and she has a vagina. We have here a person that has never been even a town judge that is now being elevated to the appellate court level. It seems strange that in the entire state of New York considering only democrats which are in the majority and you were only going to pick black women with a vagina or a transgender woman that has not had the surgery in NY or for that matter someone from even another state that was at sometime in their career at least a traffic court judge in a township of say 50 people like Sheriff Andy was not only the Sheriff but also the city judge of Mayberry RFD. You know someone who had at one time made a legal decision in a court of law. Her comments about Supreme Court Justice Thomas was totally racist. This should have been a reason never to even put her nomination forward. I am assuming she was not a teenager at the time but a full grown woman making these kinds of decisions and writing a letter to state her true views. You have to feel sorry for the black republicans or any white republicans that come before the second circuit court of appeals knowing her previous judgement on Supreme Court Justice Thomas.
I support Eunice Lee for this appointment. Well qualified by the ABA, experienced, and has a history of representing real people, not corporations! Yes!!!
I support any nominee that Biden appoints. They are qualified and will rule based upon the law.
Totally support this candidate especially since she worked as Public Defender. She knows the real roots of criminal courts process.
Vetted and a good record. Nice to see qualified people who take the law seriously being appointed
Compared to some of the "ringers " Republicans bulldozed to sit on Supreme Court, they have ZERO room to criticize, except for their sole reason for being in Senate: obstruction and trying to slither back to majority! Confirm this nominee! At this point, Republicans objections to most issues is "White Noise"! And I mean that literally!!
Confirmed by a 50-47 vote according to Reuters! Eunice Lee becomes the only former federal defender among the court’s 10 active judges. According to Wikipedia, a group of 70 former New York federal prosecutors wrote a letter in support of her nomination calling Lee a “brilliant, accomplished advocate who is supremely well qualified to serve on the bench.” 👏👏👏👏👏Senate, continue to confirm Biden’s court nominees!!
She is well qualified, has great experience and she doesn’t fit into the republican “mold” of what an American woman “should” be. She sounds great and that’s why the trumplicans are objecting. Too bad.