Richard E. Myers II

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This article is about the federal judge. For other people with similar names, see Richard Myers (disambiguation).

Richard E. Myers II
Chief Judge of the United States District Court for the Eastern District of North Carolina
Assumed office
January 1, 2021
Preceded byTerrence Boyle
Judge of the United States District Court for the Eastern District of North Carolina
Assumed office
December 10, 2019
Appointed byDonald Trump
Preceded byMalcolm Jones Howard
Personal details
Born1967 (age 56–57)
University of North Carolina, Chapel Hill (JD
)

Richard Ernest Myers II (born 1967)[1] is the Chief United States district judge of the United States District Court for the Eastern District of North Carolina. He is a former law professor at the University of North Carolina School of Law.

Early life and education

Myers was born in

University of North Carolina at Wilmington. He worked as a reporter for the Star-News from 1991 to 1995, where he covered the murder of James R. Jordan Sr., the father of Michael Jordan.[3]

In 1998, Myers received his Juris Doctor, magna cum laude, from the University of North Carolina School of Law, where he served as an Articles Editor on the North Carolina Law Review.[4] He graduated Order of the Coif.[1]

Legal and academic career

Upon graduation from law school, Myers served as a law clerk to Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit. He then worked in private practice at O'Melveny & Myers. He previously served as an Assistant United States Attorney for the Central District of California and later the Eastern District of North Carolina. While a federal prosecutor, Myers prosecuted a wide variety of crimes including counterfeiting, narcotics, and firearms offenses.[4] Myers was the Henry Brandis Distinguished Professor of Law and Director of Trial Advocacy at the University of North Carolina School of Law, where his teaching and scholarship focused on criminal law.[4] He joined UNC as a faculty member in 2004, and left in 2019 upon becoming a judge.[3]

At UNC, Myers served as the advisor to the law school's Federalist Society chapter.[3]

Federal judicial service

On August 14, 2019, President Donald Trump announced his intent to nominate Myers to serve as a United States district judge for the United States District Court for the Eastern District of North Carolina. On September 9, 2019, his nomination was sent to the Senate. He has been nominated to the seat vacated by Malcolm Jones Howard, who assumed senior status on December 31, 2005.[5] Myers was nominated to a seat that had been vacant since December 31, 2005, at the time was the longest federal judicial vacancy.[6] On September 11, 2019, a hearing on his nomination was held before the Senate Judiciary Committee.[7] On October 31, 2019, his nomination was reported out of committee by a 16–6 vote.[8] On December 4, 2019, the United States Senate invoked cloture on his nomination by a 72–22 vote.[9] On December 5, 2019, his nomination was confirmed by a 68–21 vote.[10] He received his judicial commission on December 10, 2019. Myers became Chief Judge in January 2021.[11] He maintains chambers in Wilmington.[12]

Memberships

Myers has been a member of the Federalist Society since 2004. He has been a member of the National Rifle Association since 2010. He has been a member of the Christian Legal Society since 2004, of which he serves as a faculty advisor.[1]

Review of judicial rulings

In 2022, Chief Judge Richard Myers concluded that a Civil War amnesty law passed by Congress in 1872 essentially repealed the 14th Amendment's "disqualification clause," which prohibited officeholders from returning to elected positions if they supported an insurrection.[13] Myers agreed that the Amnesty Act of 1872 applied not only retroactively to Confederate officials, but also in perpetuity regarding future rebellions. This interpretation was later rejected by an appeals court, which ruled that this law applied only to people who committed "constitutionally wrongful acts" before 1872.[14][15][16]

See also

  • List of African-American federal judges
  • List of African-American jurists

References

  1. ^ a b c "United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Richard Myers" (PDF).
  2. ^ "Trump nominates law professor for judicial vacancy". Associated Press. August 15, 2019. Retrieved August 17, 2019.
  3. ^ a b c d e Murphy, Brian (August 14, 2019). "Trump picks UNC law professor for long-vacant judge post, ending push for Thomas Farr". The News & Observer. Retrieved August 17, 2019.
  4. ^
    National Archives
    .
  5. National Archives
    .
  6. ^ Ruger, Todd (August 14, 2019). "Trump names new nominee to oldest federal judicial vacancy". Roll Call. Retrieved August 17, 2019.
  7. ^ "Nominations | United States Senate Committee on the Judiciary". www.judiciary.senate.gov. September 11, 2019.
  8. ^ "Results of Executive Business Meeting – October 31, 2019, Senate Judiciary Committee" (PDF).
  9. ^ "On the Cloture Motion (Motion to Invoke Cloture: Richard Ernest Myers II to be U.S. District Judge for the Eastern District of North Carolina)". United States Senate. December 4, 2019. Retrieved December 4, 2019.
  10. ^ "On the Nomination (Confirmation: Richard Ernest Myers II, of North Carolina, to be U.S. District Judge for the Eastern District of North Carolina)". United States Senate. December 5, 2019. Retrieved December 6, 2019.
  11. ^ Richard E. Myers II at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  12. ^ Board, StarNews Editorial. "OUR VIEW: Ex-StarNews reporter returns to Wilmington – as a federal judge". Wilmington Star News.
  13. ^ Marshall Cohen (March 4, 2022). "Judge shuts down January 6-based challenge to Rep. Madison Cawthorn's candidacy". CNN. Retrieved March 5, 2022.
  14. ^ Weiner, Rachel (May 24, 2022). "Insurrectionists can be barred from office, appeals court says". The Washington Post. Retrieved May 25, 2022.
  15. ^ Weiner, Rachel (May 4, 2022). "Cawthorn fights ballot challenge accusing him of being 'insurrectionist'". The Washington Post. Retrieved May 4, 2022.
  16. ^ Wynn; Richardson; Heytens (May 24, 2022). "MADISON CAWTHORN v. BARBARA LYNN AMALFI et al; No. 22-1251" (PDF). US Court of Appeals, 4th Circuit. p. 20. Retrieved May 25, 2022. The question currently before us, however, is not whether Section 3 of the Fourteenth Amendment would (or would not) disqualify Representative Cawthorn from future federal or state service, and this appeal cannot result in an order declaring Representative Cawthorn constitutionally qualified (or unqualified) for further service in the House of Representatives. Instead, the question before us is: Regardless of whether Section 3 would otherwise disqualify Representative Cawthorn, does the 1872 Amnesty Act nevertheless authorize him to serve?

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Legal offices
Preceded by Judge of the United States District Court for the Eastern District of North Carolina
2019–present 		Incumbent
Preceded by Chief Judge of the United States District Court for the Eastern District of North Carolina
2021–present
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