Raymond Kethledge Explained

Raymond Kethledge
Office:Judge of the United States Court of Appeals for the Sixth Circuit
Term Start:July 7, 2008
Appointer:George W. Bush
Predecessor:James L. Ryan
Birth Name:Raymond Michael Kethledge
Birth Date:11 December 1966
Birth Place:Summit, New Jersey, U.S.
Education:University of Michigan (BA, JD)
Party:Republican[1]
Children:2
Relations:Raymond W. Ketchledge (grandfather)

Raymond Michael Kethledge (born December 11, 1966) is a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He was appointed by President George W. Bush in 2008. Kethledge appeared on Donald Trump's list of potential Supreme Court of the United States nominees in 2016, and was described by press reports as a finalist in President Trump's nomination to replace Anthony Kennedy on the court.[2]

Early life and education

Kethledge was born in Summit, New Jersey, the son of Diane and Ray Kethledge.[3] [4] His paternal grandfather was Raymond W. Ketchledge, an engineer who invented an acoustically guided torpedo that was used to sink dozens of German U-boats during World War II.[5]

Kethledge grew up in Michigan, and has since lived in Michigan, with the exception of the three years he worked while in Washington, D.C. Kethledge graduated from Birmingham Groves High School in the Birmingham Public School District. He attended the University of Michigan, graduating in 1989 with a Bachelor of Arts degree in history. He then attended the University of Michigan Law School, graduating in 1993 ranked second in his class with a Juris Doctor, magna cum laude.[6]

Career

After graduating from law school, Kethledge clerked for Judge Ralph B. Guy Jr. of the U.S. Court of Appeals for the Sixth Circuit from 1994 to 1995.[7] After finishing his clerkship, he served as judiciary counsel to Michigan Senator Spencer Abraham from 1995 to 1997. Following that, Kethledge clerked for Associate Justice Anthony Kennedy of the Supreme Court of the United States from 1997–1998, where he was a co-clerk with Stephanos Bibas and Mary-Rose Papandrea, a distinguished professor at the University of North Carolina School of Law.

After completing his Supreme Court clerkship, Kethledge returned to Michigan in 1998 to join the law firm of Honigman, Miller, Schwartz & Cohn, where he became a partner. In 2001, he joined Ford Motor Company as in-house counsel in the company's Dearborn headquarters. He later joined Feeney, Kellett, Wienner & Bush as a partner. In 2003, Kethledge co-founded a boutique law firm, now known as Bush, Seyferth & Paige, with its office in Troy, Michigan. In addition to his duties as a federal judge, Kethledge has taught courses at the University of Michigan Law School, including "Fundamentals of Appellate Practice," which focuses on the elements of good legal writing, and Federal Courts. [8]

Federal judicial service

Kethledge was first nominated to the United States Court of Appeals for the Sixth Circuit by President George W. Bush on June 28, 2006, to replace Judge James L. Ryan.[9] From November 2001 to March 2006, Henry Saad had been nominated to the seat, but he had been filibustered by the Senate Democrats and later withdrew. Kethledge's nomination lapsed when the 109th Congress adjourned in December 2006. Bush again nominated Kethledge on March 19, 2007. However, his nomination stalled for over a year due to opposition from Michigan's two Democratic Senators, Carl Levin and Debbie Stabenow.

In April 2008, the Bush Administration struck a deal with Levin and Stabenow to break the logjam on judicial nominees to federal courts in Michigan. In exchange for Levin and Stabenow supporting Kethledge's nomination (and that of United States Attorney Stephen J. Murphy III to a district court position), Bush also nominated Democratic Michigan state judge Helene White, a former Clinton nominee to the Sixth Circuit who had been married to Levin's cousin at the time of her first nomination.[10] Soon afterwards, Kethledge, White, and Murphy were granted a joint hearing before the Senate Judiciary Committee on May 7, 2008. Kethledge was voted out of committee by voice vote on June 12, 2008. On June 24, 2008, he was confirmed by voice vote, almost exactly two years after his original nomination.[11] He received his commission on July 7, 2008.

In 2014, The Wall Street Journals 'Review & Outlook' editorial described Kethledge's ruling in EEOC v. Kaplan as the "Opinion of the Year".[12] In 2016, in another 'Review & Outlook' editorial,[13] the Wall Street Journal cited Kethledge's opinion in In re United States, 817 F.3d 953 (6th Cir. 2016), saying: "Writing for a unanimous three-judge panel, Judge Raymond Kethledge dismantled that argument and excoriated the IRS for stonewalling..." Commentators have noted that Kethledge has "broadly criticized judicial deference and specifically criticized deference to federal agencies under Chevron"[14] and "has set himself apart as a dedicated defender of the Constitution's structural protections."[15]

In May 2016, Kethledge was included on President Donald Trump's list of potential Supreme Court justices.[16] On July 2, 2018, Kethledge was one of the four circuit judges given a personal 45-minute interview in consideration of the vacancy created by Justice Kennedy's retirement.[17]

In October 2019, Judge Kethledge became chair of the Advisory Committee on Criminal Rules.[18] He has served on the committee since 2013.[19]

Judge Kethledge's originalism

In July 2018, conservative radio host Hugh Hewitt wrote an op-ed in The Washington Post endorsing Kethledge for the seat left vacant by Associate Justice of the Supreme Court of the United States Anthony Kennedy's retirement and declared, "Kethledge has been faithful for more than a decade to the originalist approach."[20] In Turner v. United States, 885 F.3d 949, 955 (6th Cir. 2018), Kethledge joined a concurring opinion that argued "faithful adherence to the Constitution and its Amendments requires us to examine their terms as they were commonly understood when the text was adopted and ratified." In Tyler v. Hillsdale Cty. Sheriff's Dep't, 837 F.3d 678, 710 (6th Cir. 2016). Kethledge joined a concurring opinion that quoted District of Columbia v. Heller and declared, "What determines the scope of the right to bear arms are the 'historical justifications' that gave birth to it."

Book

In 2017, Kethledge coauthored a book with Michael S. Erwin, a West Point graduate and military veteran.[21] The book, entitled Lead Yourself First: Inspiring Leadership Through Solitude, details how leaders can benefit from solitude. Among the leaders profiled in the book are General James Mattis, Pope John Paul II, General Dwight D. Eisenhower, Reverend Martin Luther King, Jr., and many others. Through these profiles, Kethledge illustrates how leaders must identify their first principles "with enough clarity and conviction to hold fast to [them]—even when, inevitably, there are great pressures to yield." Doing so, Kethledge writes, requires "conviction of purpose, and the moral courage" to choose principle over popularity.

The book has been reviewed on Above The Law,[22] in The Washington Post, [23] and in Publishers Weekly.[24] The Wall Street Journal said the book "makes a compelling argument for the integral relationship between solitude and leadership."[25]

Notable opinions

The Green Bag Almanac has recognized Judge Kethledge for "exemplary legal writing" in two different years: in 2013 (for Bennett v. State Farm Mutual Automobile Insurance) and in 2017 (for Wayside Church v. Van Buren County).[26]

Major cases

Other cases

Personal life

Kethledge is married to Jessica Levinson Kethledge, who worked for the Red Cross.[37] They have a son and daughter.[38] Kethledge is an evangelical Protestant Christian.[39] When Kethledge is in northern Michigan, he works in an office he created in a family barn near Lake Huron. The office has a wood stove for heat and a pine desk for a work space.[40] He has spoken publicly about hunting with his son in the Michigan wilderness.[41]

Affiliations

Kethledge was elected to the American Law Institute in 2013[42] and currently serves as an adviser to the Institute's panel preparing its Restatement of the Law, Consumer Contracts.[43]

Further reading

See also

External links

Notes and References

  1. Web site: Lewis . Neil A. . White House and Democrats Move on Ohio Court Plan . . May 8, 2008.
  2. News: Religious liberty becomes a main focus for conservatives in Supreme Court nomination. Washington Post. en. July 9, 2018. July 8, 2018. https://web.archive.org/web/20180708073149/https://www.washingtonpost.com/national/health-science/religious-liberty-becomes-a-main-focus-for-conservatives-in-supreme-court-nomination/2018/07/07/45503c2c-807e-11e8-b0ef-fffcabeff946_story.html. live.
  3. Web site: Kethledge, Raymond M. – Federal Judicial Center.
  4. Web site: - CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS. www.congress.gov. November 3, 2017. November 7, 2017. https://web.archive.org/web/20171107003248/https://www.congress.gov/110/chrg/shrg48894/CHRG-110shrg48894.htm. live.
  5. Book: Memorial Tributes. January 1, 1992. 10.17226/1966. 978-0-309-04689-3. December 14, 2017. December 15, 2017. https://web.archive.org/web/20171215000559/https://www.nap.edu/read/1966/chapter/27#129. live.
  6. Web site: Hon. Raymond Kethledge. www.fed-soc.org. en. January 28, 2017. February 2, 2017. https://web.archive.org/web/20170202074806/http://www.fed-soc.org/experts/detail/raymond-kethledge. live.
  7. News: Howe . Amy . Potential nominee profile: Raymond Kethledge . July 9, 2018 . . July 7, 2018 . July 9, 2018 . https://web.archive.org/web/20180709064939/http://www.scotusblog.com/2018/07/potential-nominee-profile-raymond-kethledge/ . live .
  8. Web site: Kethledge, Raymond – University of Michigan Law School. www.law.umich.edu. en-US. January 28, 2017. February 2, 2017. https://web.archive.org/web/20170202130834/https://www.law.umich.edu/FacultyBio/Pages/FacultyBio.aspx?FacID=rmketh. live.
  9. Web site: Presidential Nomination 1747, 109th United States Congress . June 28, 2006 . . July 9, 2018 . July 9, 2018 . https://web.archive.org/web/20180709065439/https://www.congress.gov/nomination/109th-congress/1747 . live .
  10. Byron. York. Much More Democratic Obstruction. https://web.archive.org/web/20080725150740/http://www.nationalreview.com/york/york032003.asp. dead. July 25, 2008. National Review. New York City. March 20, 2003. July 5, 2018.
  11. Web site: Pres. Nom. 343 . 110th Cong. (2008) . July 9, 2018 . July 9, 2018 . https://web.archive.org/web/20180709064744/https://www.congress.gov/nomination/110th-congress/343 . live .
  12. News: Opinion of the Year. Wall Street Journal. Dow Jones and Company. New York City. 0099-9660. April 16, 2014. January 28, 2018. April 23, 2017. https://web.archive.org/web/20170423151221/https://www.wsj.com/articles/SB10001424052702304512504579491860052683176. live.
  13. News: Chipping Away at the IRS Stonewall. Wall Street Journal. Dow Jones and Company. New York City. 0099-9660. June 23, 2016. January 28, 2017. February 5, 2017. https://web.archive.org/web/20170205100353/https://www.wsj.com/articles/chipping-away-at-the-irs-stonewall-1458775990. live.
  14. News: Alison. Frankel. The (other) attack on Chevron deference. Reuters. London, England. December 8, 2017. July 5, 2018. June 20, 2018. https://web.archive.org/web/20180620024400/https://www.reuters.com/article/frankel-chevron-otc/the-attack-on-chevron-deference-idUSKBN1E22SM. live.
  15. Web site: Charles J.. Cooper. G. Ryan. Snyder. Judge Kethledge on the Separation of Powers. 36 Yale J. on Reg.: Notice & Comment. Yale University. New Haven, Connecticut. June 18, 2018. June 20, 2018. June 20, 2018. https://web.archive.org/web/20180620024646/http://yalejreg.com/nc/judge-raymond-kethledge-and-the-separation-of-powers-by-charles-j-cooper-and-g-ryan-snyder/. live.
  16. News: Jill. Colvin. Trump unveils list of his top Supreme Court picks. May 18, 2016. October 25, 2017. Fox4news.com. Associated Press. October 26, 2017. https://web.archive.org/web/20171026110805/http://www.fox4news.com/politics/trump-unveils-list-of-11-potential-supreme-court-justices. live.
  17. News: Shear . Michael D. . Haberman . Maggie . Trump Interviews 4 Supreme Court Prospects in Rush to Name Replacement . July 9, 2018 . . July 2, 2018 . July 3, 2018 . A1 . July 8, 2018 . https://web.archive.org/web/20180708201617/https://www.nytimes.com/2018/07/02/us/politics/trump-supreme-court-nomination.html . live .
  18. Web site: Chief Justice Names Conference Committee Chairs. October 1, 2019. November 2, 2020. Administrative Office of the United States Courts. October 1, 2019. https://web.archive.org/web/20191001192349/https://www.uscourts.gov/news/2019/10/01/chief-justice-names-conference-committee-chairs. live.
  19. Web site: November 2020 Agenda Book for the Advisory Committee on Criminal Rules. November 2, 2020. November 2, 2020. Administrative Office of the United States Courts. December 19, 2020. https://web.archive.org/web/20201219040004/https://www.uscourts.gov/rules-policies/archives/agenda-books/advisory-committee-criminal-rules-november-2020. live.
  20. Web site: Hugh. Hewitt. Hugh Hewitt. Here's who Trump should pick for the Supreme Court. Washington Post. Nash Holdings LLC. Washington, DC. en. July 2, 2018. July 5, 2018. July 5, 2018. https://web.archive.org/web/20180705204113/https://www.washingtonpost.com/opinions/why-trump-should-nominate-raymond-kethledge/2018/07/02/e13e0540-7e37-11e8-b660-4d0f9f0351f1_story.html. live.
  21. Book: Lead Yourself First: Inspiring Leadership Through Solitude. Kethledge. Raymond M.. Erwin. Michael S.. Collins. Jim. June 13, 2017. Bloomsbury USA. 9781632866318. en.
  22. News: Lead Yourself First: An Interview With Judge Raymond M. Kethledge. Lat. David. David Lat. Above the Law. December 7, 2017. en-US. December 25, 2017. https://wayback.archive-it.org/all/20171225052357/https://abovethelaw.com/2017/09/lead-yourself-first-an-interview-with-judge-raymond-m-kethledge/. live.
  23. News: Technology is impairing our ability to be alone, research shows. Here's how to reap the benefits of solitude. Washington Post. December 7, 2017. December 8, 2017. https://web.archive.org/web/20171208070836/https://www.washingtonpost.com/news/inspired-life/wp/2017/07/12/technology-is-impairing-our-ability-to-be-alone-research-shows-heres-how-to-reap-the-benefits-of-solitude/. live.
  24. News: Nonfiction Book Review: Lead Yourself First: Inspiring Leadership Through Solitude by Raymond M. Kethledge and Michael S. Erwin. Bloomsbury, $27 (288p) ISBN 978-1-63286-631-8. PublishersWeekly.com. December 7, 2017. en. December 8, 2017. https://web.archive.org/web/20171208070809/https://www.publishersweekly.com/978-1-63286-631-8. live.
  25. News: Why Leaders Need Solitude. Stark. Andrew. July 23, 2017. The Wall Street Journal. December 7, 2017. en-US. 0099-9660. December 8, 2017. https://web.archive.org/web/20171208070805/https://www.wsj.com/articles/why-leaders-need-solitude-1500845494. live.
  26. Web site: Almanac & Reader of Useful and Entertaining Tidbits for Lawyers for the Year to Come and Exemplary Legal Writing from the Year Just Passed. The Green Bag. January 28, 2017. January 5, 2017. https://web.archive.org/web/20170105233031/http://www.greenbag.org/green_bag_press/almanacs/almanacs.html. live.
  27. Ohio Republican Party v. Brunner . 544 . F.3d . 711 . 6th Cir. . 2008) (en banc. https://scholar.google.com/scholar_case?case=10067678243758169013.
  28. Web site: Republican Party of Ohio v. Secretary Brunner. live. https://web.archive.org/web/20180709064927/https://www.brennancenter.org/legal-work/republican-party-ohio-v-secretary-brunner. July 9, 2018. July 9, 2018. Brennan Center for Justice. en.
  29. Michigan v. Bay Mills Indian Community . 695 . F.3d . 406 . 6th Cir. . 2012. https://scholar.google.com/scholar_case?case=16560113033573607931.
  30. United States v. Gabrion. 6th Cir.. F.3d. 719. 511. 2013) (en banc. https://scholar.google.com/scholar_case?case=18077132881608220226.
  31. United States v. Carpenter. 6th Cir.. F.3d. 819. 880. 2016. https://scholar.google.com/scholar_case?case=14626167511079628834.
  32. In re Ohio Execution Protocol Litig. . 860 . F.3d . 881 . 6th Cir. . 2017) (en banc. https://scholar.google.com/scholar_case?case=30000438981275624.
  33. https://www.courtlistener.com/opinion/801001/sierra-club-v-korleski/ Sierra Club v. Korleski
  34. Bennett v. Spear, 520 U.S. 154 (1997).
  35. https://casetext.com/case/united-states-v-cth United States v. CTH
  36. Waldman v. Stone , 698 F.3d 910 (6th Cir. 2012)
  37. Web site: Jessica Kethledge, Raymond's Wife: 5 Fast Facts You Need to Know – News & Information. usauknews.com. July 6, 2018. July 6, 2018. https://web.archive.org/web/20180706162917/https://usauknews.com/jessica-kethledge-raymonds-wife-5-fast-facts-you-need-to-know/. live.
  38. Web site: Confirmation Hearings on Federal Appointments, Statement of Raymond Kethledge to the Judiciary Committee. May 7, 2008. United States Senate. November 2, 2017. November 7, 2017. https://web.archive.org/web/20171107003248/https://www.congress.gov/110/chrg/shrg48894/CHRG-110shrg48894.htm. live.
  39. Web site: Religion, The Supreme Court And Why It Matters. NPR.org. July 7, 2018 . April 17, 2019. April 17, 2019. https://web.archive.org/web/20190417003911/https://www.npr.org/2018/07/07/626711777/religion-the-supreme-court-and-why-it-matters. live. McCammon . Sarah . Montanaro . Domenico .
  40. News: Lead Yourself First: An Interview With Judge Raymond M. Kethledge. Lat. David. Above the Law. December 7, 2017. en-US. December 25, 2017. https://wayback.archive-it.org/all/20171225052357/https://abovethelaw.com/2017/09/lead-yourself-first-an-interview-with-judge-raymond-m-kethledge/. live.
  41. Web site: Ambiguities and Agency Cases: Reflections After (Almost) Ten Years on the Bench. Kethledge. Raymond. Vand. L. Rev. En Banc. June 20, 2018. January 17, 2018. https://web.archive.org/web/20180117210438/https://s3.amazonaws.com/vu-wp0/wp-content/uploads/sites/89/2017/12/20092724/Ambiguities-and-Agency-Cases.pdf. live.
  42. Web site: American Law Institute – Newly Elected Members, March 2013. April 28, 2014. April 28, 2014. https://web.archive.org/web/20140428065434/http://www.ali.org/index.cfm?fuseaction=membership.elected319. live.
  43. Web site: Restatement, The Law of Consumer Contracts – Project Participants. ALI. July 5, 2018. July 6, 2018. https://web.archive.org/web/20180706001552/https://www.ali.org/projects/show/consumer-contracts/#_participants. live.