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Caitlin Halligan

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Caitlin Halligan
Halligan in 2011
Associate Judge of the New York Court of Appeals
Incumbent
Assumed office
April 19, 2023
Appointed byKathy Hochul
Preceded byRowan D. Wilson
Solicitor General of New York
In office
September 24, 2001 – January 1, 2007
GovernorGeorge Pataki
Preceded byPreeta Bansal
Succeeded byBarbara Underwood
Personal details
Born (1966-12-14) December 14, 1966 (age 57)
Xenia, Ohio, U.S.
Political partyDemocratic
Education

Caitlin Joan Halligan (born December 14, 1966) is an American lawyer who has served as an associate judge of the New York Court of Appeals since April 2023. She served as Solicitor General of New York from 2001 until 2007. President Barack Obama nominated her several times to fill a vacancy on the United States Court of Appeals for the District of Columbia Circuit, but the U.S. Senate did not vote directly on the nomination, and in March 2013, Obama withdrew the nomination at her request.

Early life and education

Halligan was born in Xenia, Ohio[1] on December 14, 1966, to teachers John J. Halligan Jr. and Christine H. Smith.[2]

Halligan graduated cum laude with a B.A. in history from Princeton University in 1988 after completing a 123-page long senior thesis titled "Origins and Development of Labor Radicalism in Pullman, Illinois, 1881–1894."[3] She then received a J.D. magna cum laude from Georgetown University Law Center in 1995.[4] She was the managing editor of the Georgetown Law Journal (1994–1995).[5]

Before law school, Halligan served as a legislative aide for U.S. Rep. William Vollie Alexander Jr., and as a policy associate at Georgians for Children, a non-profit organization devoted to improving state policies for families and children. Halligan also taught writing, American history, and American literature at a university in Wuhan, China, through the Princeton in Asia program.[4]

Career

After law school, Halligan served as a law clerk, first for United States Court of Appeals for the District of Columbia Circuit Judge Patricia Wald and then for Justice Stephen Breyer of the Supreme Court of the United States.

After her clerkships, Halligan served as an associate with Howard, Smith & Levin LLP (now merged with Covington & Burling). She then spent eight years with the New York Attorney General's Office.[6] From 1999 to 2000, she served as the first Chief of the Office's Internet Bureau,[7] where she developed and coordinated statewide law enforcement and policy initiatives regarding online consumer fraud, privacy, online securities trading, and other Internet-related issues. Halligan served as First Deputy Solicitor General in 2001, and then served as Solicitor General from 2001 until 2007.

Halligan has served as adjunct faculty at Columbia Law School since 2005.[4][8]

After leaving the Solicitor General's office in 2007, Halligan joined the law firm Weil, Gotshal & Manges to head up its appellate practice.[9]

In 2009, Nina Totenberg of National Public Radio included Halligan's name on a list of possible nominees to the U.S. Supreme Court.[10]

In early 2010, Halligan left Weil Gotshal to join the Manhattan district attorney's office as its general counsel.[9][11]

In March 2014, Halligan joined Gibson Dunn in New York as one of the firm's Appellate & Constitutional Law Practice Group leaders.[12] Halligan represented Chevron in a landmark climate case against Steven Donziger using the civil provisions of RICO law to shield corporations from having to pay environmental damages. [13] In March 2019, she joined the firm Selendy & Gay.

Halligan has argued six cases before the U.S. Supreme Court.[14]

Judicial career

Expired nomination to the D.C. Circuit

On May 26, 2010, legal blogger Ed Whelan reported that President Obama has placed Halligan on "the inside track" to be nominated to one of two vacancies on the United States Court of Appeals for the District of Columbia Circuit.[15] In July 2010, the Blog of Legal Times reported that two unidentified lawyers said agents with the Federal Bureau of Investigation had interviewed them regarding Halligan, which is standard for federal judicial nominees and often is precursor to a nomination.[14] On September 29, 2010, Obama nominated Halligan to replace John G. Roberts.[16] On December 22, 2010, the Senate returned the nomination to the President, having taken no action on the nomination in the One Hundred and Eleventh Congress.

On January 5, 2011, President Obama renominated Halligan for the same post. On February 2, 2011, the Senate Judiciary Committee held a hearing on her nomination and on March 10, 2011, the Judiciary Committee reported her nomination to the floor favorably, in a 10–8 vote.[17] On December 6, 2011, the Senate failed to invoke cloture in a 54–45 vote, falling six votes short of the 60 votes needed to move forward with a floor vote on her nomination.[18] Her nomination was returned to the President on December 17, 2011, pursuant to the rules of the Senate.[19]

Halligan was renominated on June 11, 2012.[20] Two more attempts to gain cloture on her confirmation failed, and on August 3, 2012, her nomination was again returned to the White House.[21] She was renominated on September 19, 2012.[22] Her nomination was again returned to the President on January 2, 2013, due to the sine die adjournment of the Senate.

On January 3, 2013, she was renominated to the same office. Her nomination was reported by the Senate Judiciary Committee on February 14, 2013, initially in a 10–8 vote, strictly along party lines.[23] However, Sen. Lindsey Graham later changed his vote to "pass," making the final committee vote 10–7.[24]

On March 4, 2013, Senate Majority Leader Harry Reid again filed a motion to invoke cloture on Halligan's nomination.[25] On March 6, 2013, cloture failed by a vote of 51 ayes to 41 nays.[26][27] According to Senator Charles E. Grassley, one objection of Republicans to the nominee was based on the legal theory she advanced while Solicitor General of New York, which was that "gun manufacturers, wholesalers and retailers contributed to a 'public nuisance' of illegal handguns in the state."[28]

On March 22, 2013, Halligan requested that Obama withdraw the nomination and he did so.[29]

Appointment to the New York Court of Appeals

Halligan was one of seven candidates under consideration for appointment to the New York Court of Appeals after the retirement of Judge Paul Feinman on March 23, 2021.[30][31]

On March 24, 2023, Halligan was again selected as a finalist under consideration for appointment to the New York Court of Appeals, this time for the position of Chief Judge following the retirement of Chief Judge Janet DiFiore and the subsequent rejection of Justice Hector LaSalle's nomination to that seat by the New York State Senate.[32]

On April 10, 2023, Governor Kathy Hochul announced her intention to nominate Halligan as an associate judge of the New York Court of Appeals, replacing Rowan D. Wilson, who was nominated for chief judge on the same day.[33] On April 19, the New York Senate confirmed Halligan as associate judge by a vote of 47–12,[34] she took her oath the same day.

Personal

Halligan married Marc C. Falcone, the son of former New York Times food critic, Mimi Sheraton, in a civil ceremony on January 22, 1999.[2] The couple has five children and live in Manhattan's West Village neighborhood. Halligan is an avid runner and has been a member of the New York Road Runners club.[5]

See also

References

  1. ^ President Obama Names Two to U.S. Circuit Courts, White House (September 29, 2010).
  2. ^ a b "Marc Falcone and Caitlin Halligan". The New York Times. January 24, 1999. Retrieved May 24, 2013.
  3. ^ Halligan, Caitlin Joan (1988). Origins and Development of Labor Radicalism in Pullman, Illinois, 1881–1894 (Thesis).
  4. ^ a b c "Columbia Law Faculty Biography: Caitlin J. Halligan". Law.columbia.edu. Retrieved March 7, 2013.
  5. ^ a b "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Archived from the original (PDF) on March 13, 2016. Retrieved May 11, 2011.
  6. ^ "Manhattan District Attorney-Elect Cy Vance Announces Executive Staff". SoHo Journal. Retrieved March 7, 2013.
  7. ^ "The Gang of 14 is Dead". Booman Tribune. December 6, 2011. Retrieved March 7, 2013.
  8. ^ President Obama Nominates Two to Serve on Court Appeals District Columbia, White House Press Release. June 6, 2012. June 13, 2012.
  9. ^ a b Irene Plagianos, Maverick and Goose, Move Over: There Are Some New Top (Legal) Guns in NYC, Corporate Counsel (March 30, 2010).
  10. ^ Nina Totenberg, Supreme Court Choices You Haven't Heard Of, NPR (May 17, 2009).
  11. ^ Manhattan District Attorney-elect Cy Vance Announces Executive Staff, SoHo Journal
  12. ^ "Prominent New York Appellate Lawyer Caitlin Halligan Joins Gibson Dunn" (Press release). Gibson Dunn. March 31, 2014. Retrieved August 21, 2014.
  13. ^ "Hochul's Top Court Pick Represented Chevron in Climate Case Against Steven Donziger". New York Focus. April 17, 2023. Retrieved October 15, 2024.
  14. ^ a b David Ingram, Sources: Obama Administration Vetting N.Y. Lawyer for D.C. Circuit, The Blog of Legal Times (July 16, 2010).
  15. ^ "Re: Obama and the D.C. Circuit". National Review. May 26, 2010. Retrieved March 7, 2013.
  16. ^ David Ingram and Mike Scarcella, Obama Nominates N.Y. Lawyer to D.C. Circuit, The Blog of Legal Times (September 29, 2010).
  17. ^ "Senate Democrats Pushing Caitlin Halligan For D.C. Circuit". Legal Times. December 2, 2011. Retrieved March 7, 2013.
  18. ^ "Senate Roll Call On the Cloture Motion (Cloture on the Nomination of Caitlin Joan Halligan, of New York, to be U.S. Circuit Judge)". Senate.gov. December 6, 2011. Retrieved March 7, 2013.
  19. ^ "Senate Record for December 17, 2011". Thomas.loc.gov. Archived from the original on July 4, 2016. Retrieved March 7, 2013.
  20. ^ "President Obama Nominates Two to Serve on the U.S. Court of Appeals for the District of Columbia Circuit". White House. June 11, 2012. Retrieved March 7, 2013 – via National Archives.
  21. ^ "Senate Record for August 2, 2012". Thomas.loc.gov. Archived from the original on October 2, 2014. Retrieved March 7, 2013.
  22. ^ "Presidential Nominations Sent to the Senate". White House. September 19, 2012. Retrieved March 7, 2013 – via National Archives.
  23. ^ "President Obama Re-nominates Thirty-Three to Federal Judgeships". White House. January 3, 2013. Retrieved March 7, 2013 – via National Archives.
  24. ^ "Controversial D.C. Circuit Prospect Among Nominees Clearing Committee". The BLT: The Blog of Legal Times. February 14, 2013. Retrieved March 7, 2013.
  25. ^ "U.S. Senate Periodical Press Gallery". Senate.gov. March 1, 2013. Archived from the original on November 26, 2011. Retrieved March 7, 2013.
  26. ^ "Congressional Record – 113th Congress (2013–2014): Daily Digest". THOMAS (Library of Congress). March 4, 2013. Archived from the original on September 22, 2014. Retrieved March 7, 2013.
  27. ^ "Senate Roll Call On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Caitlin Joan Halligan, of New York, to be U.S. Circuit Judge )". Senate.gov. March 6, 2013. Retrieved March 7, 2013.
  28. ^ Carl Hulse (March 8, 2013). "Blocked Bids to Fill Judgeships Stir New Fight on Filibuster". The New York Times. Retrieved March 9, 2013.
  29. ^ "Statement by the President on the Withdrawal of the Nomination of Caitlin Halligan". White House. March 22, 2013. Retrieved May 23, 2013 – via National Archives.
  30. ^ Tarinelli, Ryan (April 30, 2021). "Meet the Latest Candidates for a Seat on New York's Top Court". New York Law Journal. Retrieved May 25, 2021.
  31. ^ https://nysba.org/app/uploads/2021/04/Vacancy-Report-and-Press-Release.pdf [bare URL PDF]
  32. ^ Mellins, Sam (March 24, 2023). "New Chief Judge Shortlist Features Previously Excluded Liberal Judges". New York Focus. Retrieved April 8, 2023.
  33. ^ Ferré-Sadurní, Luis (April 10, 2023). "Hochul Names a New Candidate to Become New York's Top Judge". The New York Times. ISSN 0362-4331. Retrieved April 10, 2023.
  34. ^ Reisman, Nick (April 19, 2023). "Caitlin Halligan confirmed for New York's top court". Spectrum News. Retrieved April 20, 2023.
Legal offices
Preceded by Solicitor General of New York
2001–2007 		Succeeded by
Preceded by Associate Judge of the New York Court of Appeals
2023–present 		Incumbent
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