Senate Confirms Justice (Now Judge) Keenan By 99-0 Vote

Virginia Lawyer's Weekly reports that the U.S. Senate has unanmiously confirmed Justice Keenan for a seat on the Fourth Circuit. The Senate voted for cloture on her nomination this afternoon, then confirmed her by a 99-0 vote. Great news, and congratulations to the new Judge.

Now, about those other three vacancies . . .

Keenan Nomination Watch: Virginia Senators Invoke McDonnell on Nominee's Behalf

There hasn't been much news on Justice Keenan's nomination to the Fourth Circuit recently. But yesterday, the VLW Blog reported that Virginia's two Democratic Senators, Jim Webb and Mark Warner, invoked their Republican Governor, Robert McDonnell, in urging their Senate colleagues to act on her nomination.

According to the VLW Blog, Sens. Webb and Warner note that Justice Keenan has been a trailblazer for female jurists. She passed the Judiciary Committee by a unanimous voice vote in October. And, as further evidence of her bipartisan support, Webb and Warner point out that McDonnell had requested that she swear him in as governor.

That's an interesting point. There was some commentary on the interwebs to the effect that Justice Keenan was a "relative moderate" without a real track record on LGBT issues. To the author's way of thinking, she's ruled the correct way in two LGBT cases on the SCV, but only for procedural reasons.

Leaving aside the merits of that position, at least it sounds like there's general agreement that Justice Keenan calls balls and strikes. Isn't there something about "being an umpire" in her job description? Yes, I'm certain I remember reading that somewhere once.

Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them.

The role of an umpire and a judge is critical. They make sure everybody plays by the rules.

That's right. Thank you, Mr. Chief Justice.

All true. And to that I would add that Justice Keenan an excellent judge. It may be only marginally relevant to the political process, but she does a terrific job on the SCV and will do equally well on the Fourth Circuit. So let's get on with it.

Keenan Nomination Watch

The VLW Blog reports that the Senate Judiciary Committee has unanimously approved Justice Keenan's nomination to the Fourth Circuit. Justice Keenan is President Obama's second nominee for one of the five open spots on that court. The National Review Online states that ranking minority member Jeff Sessions called Justice Keenan a "fine nominee." 

Keenan Nomination Watch: Hearing to be Webcast; Eight Candidates Announce Interest in Potential Opening on SCV

Justice Keenan, who has been nominated for a seat on the 4th Circuit, will appear before the Senate Judiciary Committee on Wednesday at 4:00 p.m. Our friends at The VLW Blog report that the entire nomination hearing will be webcast.

Yesterday, Virginia Lawyer's Weekly reported that eight candidates have alerted the Virginia State Bar that they would like to be considered for the vacancy that Justice Keenan's appointment to the 4th Circuit would create. They candidates interested in the potential opening are:

  • Virginia Court of Appeals Judge Robert J. Humphreys;
  • State Sen. John S. Edwards of Roanoke;
  • Petersburg Circuit Judge Pamela S. Baskervill;
  • Loudoun County Circuit Judge Thomas D. Horne;
  • Alexandria Circuit Judge Lisa B. Kemler;
  • Fairfax Circuit Judge Jane M. Roush;
  • Stuart A. Raphael, a partner in the McLean and Washington offices of Hunton & Williams; and 
  • Elwood E. Sanders Jr., an attorney with Lantagne Legal Printing in Richmond.

The VSB's judicial nominating committee recently vetted Senator Edwards and Judges Humphreys and Horne, so it will not reinterview them. It will meet with the remaining candidates on October 12.

Of course, the candidates may be in for a long wait. As an editorial in this morning's Baltimore Sun notes, President Obama nominated Judge Andre Davis for another opening on the 4th Circuit. The Senate Judiciary Committee approved Judge Davis 16-3 in June, but he is still awaiting a vote on his nomination.

Justice Keenan Nominated to Fourth Circuit

On Monday, President Obama nominated Supreme Court of Virginia Justice Barbara Milano Keenan to fill one of the vacancies on the Fourth Circuit. The White House press release is here. Our friends at the VLW Blog have the story, as does WaPo and, by now, everybody with Google Reader.

Not much to add. It's hard to talk about Justice Keenan without using the word "trailblazer." She has served on each of the four levels of Virginia's court system (General District Court, Circuit Court, Court of Appeals, and Supreme Court). She was the first woman to sit on three of those benches; by the time she made it to the Supreme Court in 1991, Justice Keenan was just the second woman to sit on the Court. She's scary smart and, as readers of this blog know, a class act. We wish her the best of luck with her confirmation.