Senate confirms Circuit Judge: Democrats take control of US 4th Circuit

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US Judge Andre M. Davis
U.S. Court of Appeals for the Fourth Circuit
(Photo credit - Maryland’s Daily Record)


WASHINGTON — The Senate gave President Barack Obama a major victory Monday in his efforts to remake the federal courts, confirming a judge who will tip the political balance on the once-conservative appeals court based in Richmond.

The 72-16 vote for U.S. District Judge Andre Davis gives Democratic nominees a 6-5 edge on the 4th U.S. Circuit Court of Appeals, which has been tough in death penalty cases, backed abortion restrictions and supported President George W. Bush's detainee policies.
http://www.google.com/hostednews/ap/article/ALeqM5jBG43x5tiEl_h6WA-uXKq7KkLJTwD9BSB5V02






XML U.S. Senate Roll Call Votes 111th Congress - 1st Session
Vote Summary

Question: On the Nomination (Confirmation Andre M. Davis, of Maryland, to be U.S. Circuit Judge for the Fourth Circuit )
Vote Number: 342 Vote Date: November 9, 2009, 05:42 PM
Required For Majority: 1/2 Vote Result: Nomination Confirmed
Nomination Number: PN262
Nomination Description: Andre M. Davis, of Maryland, to be United States Circuit Judge for the Fourth Circuit

Vote Counts:

YEAs 72
NAYs 16
Not Voting 12


Grouped By Vote Position:

YEAs ---72
Akaka (D-HI)
Alexander (R-TN)
Baucus (D-MT)
Bayh (D-IN)
Begich (D-AK)
Bennet (D-CO)
Bennett (R-UT)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Burris (D-IL)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Cochran (R-MS)
Collins (R-ME)
Conrad (D-ND)
Corker (R-TN)
Dodd (D-CT)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Franken (D-MN)
Gillibrand (D-NY)
Graham (R-SC)
Hagan (D-NC)
Harkin (D-IA)
Hatch (R-UT)
Inouye (D-HI)
Johnson (D-SD)
Kaufman (D-DE)
Kirk (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Landrieu (D-LA)
Lautenberg (D-NJ)
LeMieux (R-FL)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
Lugar (R-IN)
McCain (R-AZ)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murkowski (R-AK)
Murray (D-WA)
Nelson (D-NE)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Sanders (I-VT)
Schumer (D-NY)
Shaheen (D-NH)
Snowe (R-ME)
Specter (D-PA)
Stabenow (D-MI)
Tester (D-MT)
Udall (D-CO)
Udall (D-NM)
Voinovich (R-OH)
Warner (D-VA)
Webb (D-VA)
Whitehouse (D-RI)
Wicker (R-MS)
Wyden (D-OR)

NAYs ---16
Barrasso (R-WY)
Brownback (R-KS)
Bunning (R-KY)
Coburn (R-OK)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Grassley (R-IA)
Inhofe (R-OK)
Johanns (R-NE)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)

Not Voting - 12
Bond (R-MO)
Burr (R-NC)
Byrd (D-WV)
Chambliss (R-GA)
Cornyn (R-TX)
Dorgan (D-ND)
Gregg (R-NH)
Hutchison (R-TX)
Isakson (R-GA)
Kerry (D-MA)
Nelson (D-FL)
Risch (R-ID)
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00342


Previous posts

Obama taps 2 more for federal appeals courts
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8317188

Senate panel OKs nomination of Judge Andre Davis with bipartisan support for the 4th Circuit
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8452286

[annabanana]

1. Hmm. .Where was Kerry? . . . . . . n/t

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2. Not sure

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8. Was he surfing?

snicker snicker...

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3. Clinton had previously nominated him for the same post but Senate GOP blocked

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11. They mustered less than 20 votes this time

[kelly1mm]

4. Judge Davis is a very competent jurist and a great asset to

the 4th Circuit. I had the privilege of being in his Criminal Procedure course at UMD Law School a few years back. A really nice guy too.

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5. Wow, tell me more, any insight into his philosophy? Democratic constitutionalist?

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6. Also, please share a few details about what kind of guy he is...

[kelly1mm]

7. Well you need to remember that what Professors teach in

most law school courses can be split into three categories - 1) theory classes (torts, contracts, criminal law) 2) survey of current law (civ. pro, evidence, and crim pro.) and 3) practical classes - mainly clinics. Thus, this was not really a class for discussing what should be the law but rather what is the law.

He was VERY familiar with the progress/history of search and seizure law. Had a healthy (IMO) skepticism of police actions but certainly was no "bleeding heart" or did a darn good job of hiding it. What I was so impressed with was his mastery of being able to break down often complex factual situations to the proper terms in which to analyze the legal tests that apply. He did once gripe a bit about being a US District Court Judge was 90% handling low level drug crimes instead of the interesting constitutional issues one thinks of happening. I would not describe him as an ideologue in any way.

Why I thought he was a nice guy was because 1) he taught this course in the evening after work - a lot of people don't teach at all and even fewer will teach at night and 2) I was having a problem with some aspect of probable cause involving closed containers in vehicles (if you are not an attorney you would probably be amazed at the complexity of vehicle searches). He answered my questions in class (about 10 minutes worth) and at th end of class, seeing I was still not getting it asked me to sit with him and we went over it from the beginning. That took about 20 minutes AFTER class which ended at 9:30 PM. Never a hint of "I am a Judge! I know ALL!" as is sometimes seen (from my experience from the lower court judges ie state district courts). Plus he liked Maryland basketball and thats always a plus in my book!

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9. fascinating! I still wish I would have went into law.

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10. kick

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12. Anyone know the status of Sen Byrd?

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13. wikipedia updates at least 10 times faster than the court's website

Still no listing of Judge Davis:
http://www.ca4.uscourts.gov/

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14. More today from the Baltimore Sun:

more here:
http://www.baltimoresun.com/news/maryland/politics/bal-md.davis10nov10,0,568339.story?track=rss