Stephanos Bibas Explained

Stephanos Bibas
Office:Judge of the United States Court of Appeals for the Third Circuit
Term Start:November 20, 2017
Appointer:Donald Trump
Predecessor:Marjorie Rendell
Party:Republican
Birth Date:18 June 1969
Birth Place:New York City, U.S.
Education:Columbia University (BA)
University College, Oxford (MA)
Yale University (JD)

Stephanos Bibas (born June 18, 1969)[1] is an American lawyer and jurist who serves as a circuit judge on the U.S. Court of Appeals for the Third Circuit. Before his appointment to the bench, Bibas was a professor of law and criminology at the University of Pennsylvania Law School, where he also served as director of its Supreme Court clinic.

Bibas is a noted scholar of criminal procedure with expertise in criminal charging, plea bargaining, and sentencing.[2] [3] As a professor, he examined how procedural rules written for jury trials have unintended consequences when cases involving jury trials are the exception, rather than the rule, with 95 percent of defendants pleading guilty. Bibas also studied the role of substantive goals such as remorse and apology in criminal procedure. Bibas has been praised for the quality of his legal writing.[4] [5]

Early life and education

Bibas was born in New York City and spent his summers growing up working for his father, a Greek immigrant who survived the occupation of Greece during World War II, in his family's restaurants. In high school, he became involved in debate and public speaking. He graduated high school at the age of 15 and entered Columbia University.[6]

At Columbia, Bibas was a member of the Philolexian Society and participated in Parliamentary debate. He graduated from Columbia in 1989 at age 19 with a Bachelor of Arts, summa cum laude, in political theory.[7] He then studied jurisprudence at University College, Oxford, receiving a Bachelor of Arts in 1991 (later promoted per tradition to a Master of Arts). While at Oxford, he won the 1st place speaker award in the World Debate Championships. Bibas then attended Yale Law School.[8] Bibas joined the moot court team and won awards for the best oralist and best team, and he was a symposium editor of the Yale Law Journal.[9] He graduated in 1994 with a Juris Doctor.

Professional career

From 1994 to 1995, Bibas was a law clerk for judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit. He worked in private practice with the law firm Covington & Burling from 1995 to 1997, then clerked for justice Anthony Kennedy of the U.S. Supreme Court from 1997 to 1998, where he was a co-clerk of Raymond Kethledge.

After his Supreme Court clerkship, Bibas was an Assistant United States Attorney for the Southern District of New York from 1998 to 2000. He successfully prosecuted Alastair Duncan, the world's leading expert in Tiffany stained glass for hiring a grave robber to steal Tiffany windows from cemeteries.[10] Duncan was sentenced to 27 months in Federal prison.[11]

Bibas was a research fellow at Yale Law from 2000 to 2001, then became a professor at the University of Iowa College of Law. In 2006, Bibas moved to the University of Pennsylvania Law School. He received the Robert A. Gorman Award for Excellence in Teaching in 2008.[12]

Bibas is the 15th-most-cited law professor by the U.S. Supreme Court, U.S. Courts of Appeals, and state high courts[13] as well as the 5th-most-cited professor of criminal law and procedure by law professors.[14]

Supreme Court clinic

Bibas also directed Penn Law's Supreme Court clinic, for which he litigated a wide range of appellate cases under consideration by the United States Supreme Court. The clinic allows students to assist on real Supreme Court cases, including recruiting, strategizing, researching, writing briefs, participating in moot court rehearsals, and attending oral arguments at the Court itself. The Court appointed him to brief and argue Tapia v. United States as amicus curiae.[15] The Court praised Bibas and the clinic for doing "an exceptionally good job" on that case.[16]

Cases argued

Federal judicial service

On June 19, 2017, President Donald Trump nominated Bibas to serve as a United States circuit judge of the United States Court of Appeals for the Third Circuit, to fill the seat vacated by Judge Midge Rendell, who assumed senior status on July 1, 2015.[17] The American Bar Association rated him a unanimously “Well Qualified” nominee, its highest ranking.[18] On October 4, 2017, a hearing on his nomination was held before the Senate Judiciary Committee.[19] On October 26, 2017, his nomination was reported out of committee by an 11–9 vote.[20] On November 2, 2017, the United States Senate invoked cloture on his nomination by a 54–43 vote.[21] His nomination was confirmed on the same day by a 53–43 vote.[22] He received his judicial commission on November 20, 2017.[1] Judge Bibas also has sat by designation as a trial judge in the U.S. District Court for the District of Delaware.[23]

According to a legal writing expert, “Judge Bibas is considered one of the best writers on the federal bench.”[24] Bibas’s judicial writing style has been called “instantly recognizable”; its use of short, punchy sentences and colorful examples aims for "radical clarity."[25] His writing style and typography have been praised as “point[ing] the way to opinions that are more professional-looking and readable.” [26] In a widely quoted speech, he argued that judges should write “in a way that ordinary citizens can understand.” Doing so helps the public see that “judges aren’t just politicians in robes.”[27] [28]

As covered in the Wall Street Journal, Bibas has stated: "My boss is not my chief judge. My boss is not my appointing president. My boss is the Constitution and the laws."[29]

Notable Circuit Court opinions

Bibas has authored over one hundred opinions for the Third Circuit on a wide range of subjects, including the following notable opinions:

District court opinions

Judge Bibas sits by designation routinely in the District of Delaware and occasionally in the Eastern District of Pennsylvania. Some of his notable opinions are:

Clerks

Judge Bibas is one of the top judges for “feeding” his clerks to the United States Supreme Court. Six of his law clerks have been hired to clerk for six different Supreme Court Justices (Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch, and Barrett).[50] [51] Another of his clerks served as a Bristow Fellow in the Office of the Solicitor General.[52]

Personal life

Bibas has made some donations to Republicans.[53] He was a member of the Federalist Society from 1991 to 2017.[54] He has also served as a deacon of the Russian Orthodox Church since 2015.[55]

Selected works

See also

Videos

External links

Notes and References

  1. Web site: Bibas, Stephanos Federal Judicial Center . 2022-10-07 . www.fjc.gov . en.
  2. News: Penn Law Prof. Stephanos Bibas to be nominated to U.S. Third Circuit Court of Appeals . 12 September 2018 . University of Pennsylvania Law School . June 7, 2017.
  3. News: Adler . Jonathan . Professor Bibas writes letters (and lots of articles, too) . 12 September 2018 . Washington Post . June 13, 2017.
  4. Web site: Stiegler . Matthew . 2018-11-14 . Two new opinions, including an impressive one by Judge Bibas . 2023-01-02 . CA3blog . en-US.
  5. Web site: Wasserman . Howard . November 27, 2020 . Making students thirsty for Civ Pro . 2023-01-02 . Prawfsblawg.
  6. News: Early Entry to College Demands Maturity. March 12, 1989. The New York Times. May 23, 2017. 0362-4331.
  7. Web site: Penn Law Faculty: Stephanos Bibas, expert on Law and Criminal Justice, Law and Social Sciences, Legal Process and Dispute Resolution. https://web.archive.org/web/20100122202433/http://www.law.upenn.edu/cf/faculty/sbibas/. January 22, 2010. dead. 2010-01-22. mdy-all.
  8. Web site: United States Senate Judiciary Committee Questionnaire for Judicial Nominees. 2017. www.judiciary.senate.gov. United States Senate Judiciary Committee.
  9. Web site: CrimProf Blog: CrimProf Blog Professor Spotlight: Stephanos Bibas. lawprofessors.typepad.com.
  10. News: Expert Guilty in Scheme to Steal Tiffany Glass From Tombs. Rohde. David. August 13, 1999. The New York Times. May 23, 2017. 0362-4331.
  11. News: METRO NEWS BRIEFS: NEW YORK; Stained-Glass Expert Gets Prison Sentence . The New York Times . March 10, 2000 .
  12. Web site: Stephanos Bibas . 2022-10-07 . www.law.upenn.edu . en.
  13. Farris. Nick. Aggerbeck. Valerie. McNevin. Megan. Gregory Sisk. Sisk. Gregory C.. August 18, 2016. Judicial Impact of Law School Faculties. 2826048.
  14. Web site: Brian Leiter's Law School Reports. leiterlawschool.typepad.com. en. May 23, 2017.
  15. News: Liptak. Adam. Court Chooses Guardians for Orphaned Arguments. The New York Times. December 13, 2010 .
  16. Web site: TAPIA v. UNITED STATES Transcript. Oyez. Kagan. Elena.
  17. Web site: Eleven Nominations Sent to the Senate Today. National Archives. whitehouse.gov.
  18. Web site: December 5, 2017 . Stephanos Bibas: U.S. Court of Appeals for the Third Circuit . 2023-01-02 . University of Pennsylvania Almanac . en.
  19. Web site: Nominations - United States Senate Committee on the Judiciary. www.judiciary.senate.gov. October 4, 2017 .
  20. Web site: Results of Executive Business Meeting – October 26, 2017, Senate Judiciary Committee.
  21. Web site: On the Cloture Motion (Motion to Invoke Cloture: Stephanos Bibas, of Pennsylvania, to be U. S. Circuit Judge for the Third Circuit). www.senate.gov.
  22. Web site: On the Nomination (Confirmation Stephanos Bibas, of Pennsylvania, to be U.S. Circuit Judge for the Third Circuit). www.senate.gov.
  23. News: AbbVie wins dismissal of derivative suit over Humira kickback claims. Reuters. December 11, 2020. Pierson. Brendan.
  24. Web site: Guberman . Ross . Five Ways to Write Like Judge Bibas . .
  25. Web site: Two new opinions. January 23, 2019.
  26. Web site: Typography for Judges | Judicature. August 14, 2020.
  27. News: Raymond . Nate . 2022-11-02 . 'Judges gone wild': Trump-appointed judge says too many write for Twitter . en . Reuters . 2023-01-02.
  28. Web site: Adler . Jonathan . November 2, 2022 . Judge Bibas on 'Judges Gone Wild' . 2023-01-02 . Volokh Conspiracy . en-US.
  29. News: No Obama or Trump Judges Here, Appointees of Both Declare. Wall Street Journal. September 15, 2019. Bravin. Jess.
  30. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 17-1738 CAROL VORCHHEIMER, Appellant v.THE PHILADELPHIAN OWNERS ASSOCIATION; JUNE IDZAL; FRANK J. BONOM . 2024-05-10.
  31. Web site: Wolters Kluwer . 2024-05-10 . login.wolterskluwer.com.
  32. Web site: Sullum . Jacob . 2018-12-06 . A Powerful Dissent Charges Judges Who Casually Uphold Magazine Restrictions With Disrespecting the Second Amendment . 2024-05-10 . Reason.com . en-US.
  33. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 18-3170 ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS, INC.; BLAKE ELLMAN; ALEXANDER DEMBROWSKI, Appellants v. ATTORNEY GENERAL NEW JERSEY; SUPERINTENDENT NEW JERSEY STATE POLICE; THOMAS WILLIVER, in his official capacity as Chief of Police of the Chester Police Department; JAMES B. O’CONNOR, in his official capacity as Chief of Police of the Lyndhurst Police Department . 2024-05-10.
  34. News: Feuer . Alan . 2020-11-27 . In Harsh Rebuke, Appeals Court Rejects Trump’s Election Challenge in Pennsylvania . 2024-05-10 . The New York Times . en-US . 0362-4331.
  35. Web site: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 20-3371 DONALD J. TRUMP FOR PRESIDENT, INC.; LAWRENCE ROBERTS; DAVID JOHN HENRY, Appellants v. SECRETARY COMMONWEALTH OF PENNSYLVANIA; ALLEGHENY COUNTY BOARD OF ELECTIONS; CENTRE COUNTY BOARD OF ELECTIONS; CHESTER COUNTY BOARD OF ELECTIONS; DELAWARE COUNTY BOARD OF ELECTIONS; MONTGOMERY COUNTY BOARD OF ELECTIONS; NORTHAMPTON COUNTY BOARD OF ELECTIONS; PHILADELPHIA COUNTY BOARD OF ELECTIONS . 2024-05-10.
  36. Web site: Guatemalans Seeking Asylum Avoid Deportation At 3rd Circ. - Law360 . 2024-05-10 . www.law360.com . en.
  37. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19-2927 E.O.H.C.; M.S.H.S., a minor child, Appellants v. SECRETARY UNITED STATES DEPARTMENT OF HOMELAND SECURITY; COMMISSIONER UNITED STATES CUSTOMS & BORDER PROTECTION; DIRECTOR UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT; FIELD OFFICE DIRECTOR PHILADELPHIA UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT . 2024-05-10.
  38. Web site: Terruso . Julia . 2020-04-17 . A Philly boy posted videos backing Trump. What has happened since ‘overwhelmed’ him, he says. . 2024-05-10 . en.
  39. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19-1545 BRIAN McCAFFERTY; MELISSA A. McCAFFERTY, individually and on behalf of their minor child, C.M., Appellants v. NEWSWEEK MEDIA GROUP, LTD., trading as Newsweek LLC, or Newsweek Inc., or Newsweek . 2024-05-10.
  40. Web site: 3rd Circ. Affirms Firearm Ban For Convicted Tax Felon - Law360 Tax Authority . 2024-05-10 . www.law360.com . en.
  41. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19-1687 LISA M. FOLAJTAR, Appellant v. ATTORNEY GENERAL OF THE UNITED STATES; ACTING DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES; DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION; UNITED STATES OF AMERICA . 2024-05-10.
  42. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 20-1422 UNITED STATES OF AMERICA v. SAFEHOUSE, a Pennsylvania nonprofit corporation; JOSÉ BENITEZ, as President and Treasurer of Safehouse . 2024-05-10.
  43. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19-3010 EZAKI GLICO KABUSHIKI KAISHA, a Japanese Corporation d/b/a Ezaki Glico; EZAKI GLICO USA CORP., a California Corporation, Appellants v. LOTTE INTERNATIONAL AMERICA CORP.; LOTTE CONFECTIONARY CO. LTD. . 2024-05-10.
  44. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Nos. 19-1640 & 20-3448 UNITED STATES OF AMERICA v. HO KA TERENCE YUNG, Appellant. . 2024-05-10.
  45. Web site: PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 21-1786 GENNADIY NEKRILOV; EUGENE NEKRILOV; KWAN HO TANG;JAYU JEN; ALAN SUENAppellantsv.CITY OF JERSEY CITY . 2024-05-10.
  46. Web site: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DION D. GIBBS, et al., Plaintiffs, v. JOHN CARNEY, CLAIRE D EMATTEIS, TRUMAN MEARS, DEPARTMENT OF CORRECTION, MONROE B. HUDSON, JR. Defendants . 2024-05-10.
  47. Web site: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CONSUMER FINANCIAL PROTECTION BUREAU, Plaintiff, v. NATIONAL COLLEGIATE MASTER STUDENT LOAN TRUST et al. Defendants. . 2024-05-10.
  48. Web site: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PENNY NINIVAGGI et al., individually and on behalf of all others similarly situ- ated, Plaintiffs, v. UNIVERSITY OF DELAWARE, Defendant. . 2024-05-10.
  49. Web site: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MICHAEL AVENATTI, Plaintiff, v. FOX NEWS NETWORK, LLC, et al., Defendants. . 2024-05-10.
  50. Web site: Lat . David . July 20, 2022 . Supreme Court Clerk Hiring Watch: Meet The October Term 2022 SCOTUS Clerks . 2023-01-02 . Original Jurisdiction . en.
  51. Web site: Lat . David . December 16, 2022 . Supreme Court Clerk Hiring Watch: Up-And-Coming Feeder Judges . 2023-01-02 . Original Jurisdiction . en.
  52. Web site: Lat . David . 2021-04-27 . Congratulations To The 2021 Bristow Fellows . 2023-01-02 . Above The Law . en-US.
  53. Web site: Prof. Stephanos Bibas – Nominee to the U.S. Court of Appeals for the Third Circuit. October 2, 2017.
  54. Web site: Questionnaire for Judicial Nominees . judiciary.senate.gov . June 30, 2018.
  55. Web site: BISHOP NICHOLAS LEADS PATRONAL FEAST OF ST. ELIZABETH CHURCH. March 28, 2019.