Karen L. Henderson
Karen L. Henderson | |
---|---|
Judge of the United States Court of Appeals for the District of Columbia Circuit | |
Assumed office July 5, 1990 | |
Appointed by | George H. W. Bush |
Preceded by | Ken Starr |
Judge of the United States District Court for the District of South Carolina | |
In office June 16, 1986 – July 11, 1990 | |
Appointed by | Ronald Reagan |
Preceded by | William Walter Wilkins |
Succeeded by | Dennis Shedd |
Personal details | |
Born | Oberlin, Ohio, U.S. | July 11, 1944
Education | |
Karen LeCraft Henderson (born July 11, 1944) is an American lawyer and jurist serving since 1990 as a U.S. circuit judge on the U.S. Court of Appeals for the District of Columbia Circuit. She previously was a U.S. district judge on the U.S. District Court for the District of South Carolina from 1986 to 1990.
Early life, education, and career
Henderson was born and raised in
Federal judicial service
On June 3, 1986, Henderson was nominated by President Ronald Reagan to a seat on the United States District Court for the District of South Carolina vacated by Judge William Walter Wilkins.[2] She was confirmed by the United States Senate on June 13, 1986, and received her commission on June 16, 1986. Her service terminated on July 11, 1990, due to her elevation to the court of appeals.[1]
On May 8, 1990, President
Second Amendment
In
National security
In Rasul v. Myers (2008), Henderson wrote for the majority when it found that British detainees at the Guantanamo Bay detention camp could not sue the government under the Alien Tort Statute, the Geneva Conventions, and the Religious Freedom Restoration Act for alleged torture, abuse, and denial of religious free expression.[6][7] The case was reportedly the first federal appeals court decision involving the treatment of terrorism suspects in the wake of the September 11 attacks.[8][9]
In March 2017, Henderson found that the
In August 2018, Henderson wrote for the unanimous panel when it again rejected Guantanamo Bay detainee
Immigration
In October 2017, Henderson dissented in the en banc-stage of
Cases involving President Donald Trump
In November 2019, Henderson indicated she wanted to revisit a 3-panel ruling allowing Congress to access Trump's tax records. The DC Circuit rejected her view by an 8–3 vote. She was the only judge to dissent who was not appointed by Trump.[15]
In February 2020, Henderson joined the opinion of Circuit Judge Thomas B. Griffith when the majority held that the United States House Committee on the Judiciary could not enforce a subpoena upon President Trump's former White House Counsel, Don McGahn.[16] Henderson wrote a concurrence arguing that the House did not have standing to sue here, while Circuit Judge Judith W. Rogers wrote a dissent.[17] The full D.C. Circuit rejected this position on August 8, 2020.[18]
In June 2020, Henderson joined the opinion of fellow Circuit Judge Neomi Rao issuing a writ of mandamus ordering a district court judge to grant a motion brought by federal prosecutors asking that the criminal charges against Michael Flynn be dismissed.[19] The district judge appealed[20] and after hearing the case en banc, the appeals court on August 31, 2020, ruled 8–2 against issuing the writ of mandamus, with Rao and Henderson joining each other's dissents.[21]
On November 30, 2021, Henderson authored a unanimous ruling requiring the DOJ hand over more of the Mueller report, citing the Freedom of Information Act.[22][23]
Criticism of hiring practices
On May 16, 2022, the Washington Post published an article reporting that Henderson "hires only men among the three or four people she selects each year for clerkships." Specifically, the article stated that of "more than 70 clerks" Henderson hired since 1990, all but one were men. Henderson responded in a statement: "I give equal treatment and consideration to all applicants and hire law clerks based only on their credentials. To the extent any contrary impression exists, I regret that such impression exists and I will use my best efforts to address it."[24]
References
- ^ a b c Karen L. Henderson at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ "Pres. Nom. 1140". 99th Cong. (1986). June 13, 1986.
- ^ "Pres. Nom. 1239". 101st Cong. (1990). June 29, 1990.
- ^ "D.C.'s Ban On Handguns In Homes Is Thrown Out". www.washingtonpost.com.
- ^ The Seat Congress Can't Offer.
- .
- ^ Rasul v. Myers, 512 F. 3d 644 (D.C. Cir. 2008).
- ^ Denniston, Lyle (January 11, 2008). "Detainees barred from challenging torture, abuse". SCOTUSblog. Retrieved February 29, 2020.
- ^ Vicini, James (January 11, 2008). "U.S. appeals court dismisses Guantanamo torture suit". Reuters. Retrieved February 29, 2020.
- ^ Note, Recent Case: D.C. Circuit Finds Ethiopia Immune in Hacking Suit, 131 Harv. L. Rev. 1179 (2018).
- ^ Doe v. Federal Democratic Republic of Ethiopia, 851 F.3d 7 (D.C. Cir. 2017).
- ^ Note, Recent Case: D.C. Circuit Holds the Government's Authority Has Not Unraveled, 132 Harv. L. Rev. 1542 (2019).
- ^ Al-Alwi v. Trump, 901 F3d 294 (D.C. Cir. 2018).
- ^ Note, Recent Case: En Banc D.C. Circuit Upholds Order Requiring HHS to Allow an Undocumented Minor to Have an Abortion, 131 Harv. L. Rev. 1812 (2018).
- ^ "Trump's tax records can be sought by Congress, appeals court orders". The Washington Post.
- ^ "House Judiciary Committee v. McGahn" (PDF). www.cadc.uscourts.gov. Retrieved February 28, 2020.
- ^ Savage, Charlie (February 29, 2020). "Court Rules Congress Cannot Sue to Force Executive Branch Officials to Testify". The New York Times. p. A1. Retrieved February 29, 2020.
- ^ "En Banc DC Circuit Rules for House's Power to Sue Over Don McGahn Subpoena | Law.com".
- ^ "Appeals court orders judge to dismiss Michael Flynn case – The Washington Post". The Washington Post.
- ^ "A key federal appeals court will reexamine case on Michael Flynn's guilty plea". Business Insider.
- ^ "Michael Flynn case does not have to be immediately dismissed, appeals court rules". The Washington Post.
- ^ "Appeals court orders release of more from Mueller report". MSN. November 30, 2021. Retrieved December 5, 2021.
- ^ "Electronic Privacy Information Center, Appellee, Jason Leopold and Buzzfeed, Inc., Appellants v. United States Department of Justice, et al., Appellees" (PDF). cadc.uscourts.gov. November 30, 2021. Retrieved December 5, 2021.
- ^ "Judges accused of sex discrimination, bullying, internal survey shows – The Washington Post". The Washington Post.
External links
- Karen L. Henderson at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Appearances on C-SPAN
- National Review, Article dated March 29, 2007