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Gerard Lynch Confirmed to Second Circuit:
Gerard Lynch has been confirmed to the Second Circuit by the U.S. Senate by a vote of 94-3. Bravo. Judge Lynch has been an outstanding District Judge, and he is extremely bright; I am very much looking forward to reading his work now that he will be on the Second Circuit.
blabla (mail):
Woot. That is my response as someone who has met and genuinely likes and respects Judge Lynch. A great pick by President Obama.
9.17.2009 8:02pm
JWB:
The vote is particularly noteworthy since his nomination to the S.D.N.Y. ended up being somewhat controversial and he only got confirmed 63-36. I can't recall how much of that was nominee-specific controversy versus process controversy - I think he was in the last batch of Clinton nominees to get to the floor of the full Senate before everything shut down for election season.
9.17.2009 8:08pm
Cornellian (mail):
I wonder how rare it is to get confirmed to a Circuit court by that kind of margin these days.
9.17.2009 8:19pm
Upend, Coming:
He was the original Twombly trial judge! Check this out

e. Provide a list of all cases in which certiorari was requested or granted.
I don't believe that certiorari was ever sought directly from any decision of mine.
The only case over which I presided that eventually was reviewed by the Supreme Court was Twombly v. Bell Atlantic Corp., ___ U.S. ___ (May 21, 2007), rev'g 425 F.3d 99 (2d Cir. 2005), rev'g 313 F. Supp.2d 174 (S.D.N.Y. 2003). In that case, the Supreme Court agreed with the decision I had reached and reversed the judgment of the Second Circuit that had reversed me.
9.17.2009 9:25pm
Constitutional Crisis (mail):
Great choice.
9.17.2009 9:28pm
John Thacker (mail):
I wonder how rare it is to get confirmed to a Circuit court by that kind of margin these days.


Rare that it happens, or rare that we hear about it? It's not the sort of thing that's "news."
9.17.2009 9:48pm
Steve:
Many judges are still confirmed by voice vote. It's getting to the Senate floor that's the challenging part.
9.17.2009 9:50pm
GV:
For support for what Steve said, Bush's last two picks for the Fifth Circuit -- Elrod and Haynes -- were confirmed via voice vote.
9.17.2009 10:00pm
Oren:

As a district court judge, Lynch presided over the perjury trial of rap artist Lil' Kim in 2005.

Awesome.
9.17.2009 10:16pm
ayzc:
My experience has been that he's a good judge but every time I hear his name I think of Heinlein's line "Judge Lynch never sleeps"
9.17.2009 10:38pm
Mark N. (www):
Here's the roll call, in case anyone's curious. Bunning, Coburn, and Inhofe were the three nays--- anyone know if they had particular objections or it was just a vote-against-Obama-nominees thing? And is the fact that 2 of the 3 nays were Oklahoma Senators coincidence?
9.18.2009 12:11am
ruuffles (mail) (www):

And is the fact that 2 of the 3 nays were Oklahoma Senators coincidence?

Probably not unrelated to the new study that 77% of OK students don't know who the first president is.
9.18.2009 9:18am
Upend, Coming:
ruufles what I love is that 2% of statistics can be made up or fudged when cross-posting an article. It's true.

Huffingtonpost Link name 75-percent; Story title 77%; lede "Only one in four"

Source Article title 75%; lede "Only one in four;" percentage tested as shown in the body of the article: "Who was the first President of the United States? 23%"

Conclusion: HuffPost editor correctly titles the piece based on the stats, only to leave the link and lede intact. Sloppy.
9.18.2009 9:42am
ruuffles (mail) (www):
I can't parse your post to figure out what your complaint is. The original study is here. It says 23% can, or 77% cannot.
9.18.2009 10:42am
CJColucci:
And is the fact that 2 of the 3 nays were Oklahoma Senators coincidence?


Perhaps he was incautious enough to say he preferred West Side Story to Oklahoma.
9.18.2009 10:52am
SFH (mail):
Maybe he roots for Texas. We have to have some standards.
9.18.2009 12:48pm
Jay:
"For support for what Steve said, Bush's last two picks for the Fifth Circuit -- Elrod and Haynes -- were confirmed via voice vote."

Bush's last two Fifth Circuit picks (in order of confirmation) were actually Southwick and Haynes; Southwick was confirmed a couple of weeks after Elrod. But point taken, the two female judges were oddly uncontroversial, I supposed because there wasn't much of a paper trail to dig up.
9.19.2009 12:30am

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