Thomas Hardiman
Thomas M. Hardiman | |
---|---|
Judge of the United States Court of Appeals for the Third Circuit | |
Assumed office April 2, 2007 | |
Appointed by | George W. Bush |
Preceded by | Richard Lowell Nygaard |
Judge of the United States District Court for the Western District of Pennsylvania | |
In office October 27, 2003 – April 5, 2007 | |
Appointed by | George W. Bush |
Preceded by | William Lloyd Standish |
Succeeded by | Cathy Bissoon |
Personal details | |
Born | Thomas Michael Hardiman July 8, 1965[1] Winchester, Massachusetts, U.S. |
Political party | Republican |
Education | University of Notre Dame (BA) Georgetown University (JD) |
Thomas Michael Hardiman (born July 8, 1965) is a
In 2017, Hardiman was a finalist to succeed Antonin Scalia as an Associate Justice of the Supreme Court of the United States, alongside the eventual nominee, Neil Gorsuch.[2] The next year, after Justice Anthony Kennedy had announced his retirement from the Supreme Court, Hardiman was once again considered to be a frontrunner to fill the vacant seat,[3] though it was eventually filled by Brett Kavanaugh.
Early life and education
Hardiman was born in 1965 in
As a teenager, Hardiman began working part-time as a taxi driver, which he continued to do throughout high school and college.[7][8] In 1983, he graduated from Waltham High School.[9]
He was the first person in his family to graduate from college, receiving a
Early career
After graduation, Hardiman joined the
Federal judicial service
District court service
Hardiman was appointed by President George W. Bush to be a judge of the United States District Court for the Western District of Pennsylvania. He was nominated to a seat on April 9, 2003, and was confirmed by a voice vote on October 22, 2003.[13] He received his commission on October 27, 2003 and took the bench on November 1, 2003.[14] His service as a district court judge was terminated on April 5, 2007 when he was elevated to the court of appeals.[14]
Court of appeals service
Hardiman was subsequently nominated to the Third Circuit by President Bush on January 9, 2007, to fill a seat vacated by Judge Richard Lowell Nygaard, who assumed senior status in 2005.[14] Hardiman was confirmed by the Senate on March 15, 2007 by a 95–0 vote.[15] He received his commission on April 2, 2007.[14]
Notable rulings
Police and prison powers
In Florence v. Board of Chosen Freeholders (2010), Hardiman held that a jail policy of strip-searching everyone who is arrested does not violate the prohibition of unreasonable searches and seizures in the Fourth Amendment.[16] The Supreme Court affirmed the decision in 2012.
In Barkes v. First Correctional Medical, Inc. (2014), Hardiman dissented from a ruling that two Delaware prison officials could be sued for failing to provide adequate suicide prevention protocols after a mentally-ill inmate committed suicide. The Supreme Court agreed and unanimously reversed in Taylor v. Barkes.[17]
Capital punishment
Hardiman has generally voted in favor of the state and against inmates when he decided on cases that centered on
Criminal sentencing
In two cases, Hardiman has ruled in favor of longer criminal sentences. In United States v. Abbott (2009), Hardiman held that a defendant's mandatory minimum sentence is not affected by the imposition of another mandatory minimum for a different offense.[21] The panel held that the trial court judge had not erred in allowing the prosecutor to present evidence that the defendant had a prior conviction for a different charge, where such information is typically barred by Federal Rules of Evidence. It also upheld mandatory minimum sentences to be run consecutively, rather than concurrently, such that the defendant would serve 30 years rather than the mandatory minimum of 15 years.[21] The Supreme Court affirmed the decision in 2010, in Abbott v. United States.
In United States v. Fisher (2007), Hardiman ruled that a judge could find facts to enhance a criminal sentence according to the
Religious freedom
In Busch v. Marple Newtown School District (2008), Hardiman wrote a dissenting opinion in favor of parents who described themselves as
In Groff v. Dejoy (2022), Hardiman wrote a dissenting opinion in favor of a postal worker who sued the U.S. Postal Service for failing to accommodate his religious observance of the Sabbath, as required by Title VII of the Civil Rights Act of 1964.[26] Hardiman questioned a 1977 Supreme Court precedent interpreting Title VII not to require such accommodations when they would impose more than a "de minimis cost" on employers. The Supreme Court granted review and reversed in an opinion by Justice Samuel Alito, rejecting the "de minimis" standard and remanding the case to the Third Circuit.
Gun rights
In United States vs. Barton (2011), Hardiman rejected a challenge to the federal law that bans
In the 2013 case Drake v. Filko, Hardiman filed a dissenting opinion that argued that the New Jersey requirement for gun owners to show a "justifiable need" to carry a handgun was unconstitutional. Hardiman cited District of Columbia v. Heller and wrote that based on the Heller ruling, the Second Amendment "protects an inherent right to self-defense."[30][31]
In Range v. Attorney General (2023), Hardiman wrote the majority opinion for the en banc Third Circuit holding that the federal law barring firearm possession by felons was unconstitutional under the Second Amendment as applied to a man who had been convicted of making false statements to obtain food stamps.[32]
Free speech
In United States v. Stevens (2008), Hardiman voted to strike down a federal law that criminalized videos depicting
In Kelly v. Borough of Carlisle (2010), Hardiman ruled that a police officer had qualified immunity because there was no clearly-established First Amendment right to videotape police officers during traffic stops.[34]
In B.H. ex rel. Hawk v. Easton Area School District (2013), Hardiman dissented from the court's holding that a public school violated the First Amendment by banning middle-school students from wearing bracelets inscribed "I [love] boobies!" sold by a breast cancer awareness group.[35]
In Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia (2014), Hardiman struck down a city charter provision barring police officers from donating to their union's political action committee, under the First Amendment to the United States Constitution.[36]
In Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System, Hardiman struck down the application of a county provision barring religious speech on public buses because the policy was viewpoint discriminatory against religious organizations.
Immigration
In Valdiviezo-Galdamez v. Attorney General (2010), Hardiman ruled in favor of a man from Honduras who was seeking asylum in the United States to avoid being recruited into a violent gang.[37]
In Di Li Li v. Attorney General (2015), Hardiman decided that the
In Cazun v. Attorney General (2017), Hardiman concurred in the judgment to explain that the Immigration and Nationality Act unambiguously forbids aliens subject to reinstated removal orders from applying for asylum and that the court should have held so without resorting to Chevron deference.[39]
LGBT issues
In Brian D. Prowel v. Wise Business Forms, INC., Hardiman "wrote for the court in allowing a gender-stereotyping claim by a gay man who described himself as 'effeminate' to go forward, reversing the district court’s grant of summary judgment in favor of the company where the man worked, and which ultimately fired him."[40] Hardiman determined that Prowel's case could move forward because Prowel may argue that he faced discrimination for not conforming to the company's vision of gender norms.[41]
Commerce
In United States v. Pendleton (2011), Thomas Pendleton, a man who sexually molested a 15-year-old boy in Germany was convicted and sentenced in Delaware under the PROTECT Act of 2003. The defendant argued that the PROTECT Act was unconstitutional based on the Foreign Commerce Clause. Hardiman ruled that the PROTECT Act was valid because of an "express connection" to the channels of foreign commerce.[42]
In 2018, Hardiman held for the en banc court in Rotkiske v. Klemm that despite the decisions of the Fourth and the Ninth Circuits, the statute of limitations under the Fair Debt Collection Practices Act begins to run when a violation of the Act occurs, not when the violation is later discovered.[43]
Affiliations and recognition
Before becoming a judge, Hardiman was a member of the bars of
In 2010 Hardiman received the Georgetown University Law Center's Paul R. Dean Award recognizing distinguished alumni.[4][11]
Personal life
Hardiman married Lori Hardiman (née Zappala), an attorney and real estate professional, in 1992.[47] The Zappala family, which includes Stephen Zappala and Stephen Zappala Sr., are prominent Democrats.[47][7] Hardiman is the father of three children.[48] Hardiman is Roman Catholic.[49]
As a student, Hardiman participated in an exchange program in Mexico, and he later volunteered with the Ayuda immigration legal aid office in Washington, D.C., representing immigrants.[7]
Hardiman is a board member and former president of Big Brothers Big Sisters of Greater Pittsburgh.[4]
See also
References
- ^ "CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS" (PDF). United States Senate Committee on the Judiciary. September 19, 2006. p. 511. Retrieved July 24, 2021.
- ISSN 1091-2339. Retrieved February 15, 2017.
- ^ "The Front-Runners and Full List of Potential Supreme Court Nominees". The New York Times. June 27, 2018. Retrieved June 27, 2018.
- ^ The Federalist Society(TFS). February 1, 2017.
- ^ better source needed]
- ^ "Robert Hardiman, Thomas Hardiman's Father: 5 Fast Facts You Need to Know". July 9, 2018.
- ^ a b c d e Sari Horwitz (January 28, 2017). "Judge Thomas Hardiman Has Taken an Unorthodox Road to the Federal Bench". The Washington Post. Retrieved February 1, 2017.
- ^ Ariane de Vogue (December 6, 2016). "Trump Could Bring a Different Kind of Diversity to the Supreme Court". CNN. Retrieved February 1, 2017.
- ^ "Judge Thomas Hardiman - "Dark horse" Supreme Court candidate with solid conservative credentials - SCOTUSblog". SCOTUSblog. January 30, 2017. Retrieved February 15, 2017.
- ^ "Confirmation of Thomas Hardiman" (PDF). United States Congress.
- ^ a b c d Thomas Hardiman & Georgetown Law Staff (October 20, 2010). "Georgetown Law Honors Five Distinguished Alumni" (participant autobiogr.). Georgetown Law (Online). Washington DC: Georgetown University Law Center. Retrieved February 1, 2017.
- ^ "Senate Judiciary Questionnaire" (PDF). Retrieved February 15, 2017.
- ^ "PN513 — Thomas M. Hardiman — The Judiciary".
- ^ a b c d Thomas Hardiman at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ "On the Nomination (Confirmation Thomas M. Hardiman, of Pennsylvania, to be U.S. Circuit Judge)". www.senate.gov.
- ^ "Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington; Burlington County Jail; Warden Jude Cole; Essex County Correctional Facility; Essex County Sheriff Department" (PDF). United States Court of Appeals for the Third Circuit. June 1, 2009.
- ^ "Karen Barkes v. First Correctional Medical, Inc., et al" (PDF). United States Court of Appeals for the Third Circuit. September 5, 2014.
- ^ a b "Potential nominee profile: Thomas Hardiman - SCOTUSblog". Scotusblog. January 23, 2017.
- ^ a b Roeder, Oliver (July 6, 2018). "How Four Potential Nominees Would Change The Supreme Court".
- ^ Fisher, D. Michael (February 1, 2010). "FindLaw's United States Third Circuit case and opinions". Findlaw. Retrieved July 10, 2018. This article incorporates public domain material from this U.S government document.
- ^ a b "United States of America v. Kevin Abbott" (PDF). United States Court of Appeals for the Third Circuit. July 28, 2009.
- ^ "United States of America v. Tracy Lamar Fisher" (PDF). United States Court of Appeals for the Third Circuit. May 7, 2007.
- ^ "Donna Kay Busch, in Her Individual Capacity and As the Parent and Next Friend of Wesley Busch, a Minor V. Marple Newtown School District; Marple Newtown School District Board of Directors; Robert Mesaros, Superintendent of the Marple Newtown School District; Thomas Cook, Principal of Culbertson Elementary School" (PDF). United States Court of Appeals for the Third Circuit. June 1, 2009.
- ^ "Injunction would make Lehigh County seal disappear, pending appeal". Morning Call. November 2, 2017.
- ^ "Appeals court says cross can stay in Lehigh County's seal". Morning Call. August 8, 2019.
- ^ "Groff v. Dejoy, 35 F.4th 162 | Casetext Search + Citator". casetext.com. Retrieved July 7, 2023.
- ^ "United States of America vs. James Francis Barton, Jr" (PDF). United States Court of Appeals for the Third Circuit. March 4, 2011.
- ^ Binderup v. Attorney General uscourts.gov
- ^ "Daniel Binderup v. Attorney General of United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives" (PDF). United States Court of Appeals for the Third Circuit. June 1, 2016.
- ^ "U.S. Supreme Court rejects NJ man's appeal of gun-carry suit". NJ.com. May 5, 2014.
- ^ "John M. Drake et al. v. The Honorable Rudolph A Filko" (PDF). United States Court of Appeals for the Third Circuit. July 31, 2013.
- ^ Court document uscourts.gov
- ^ "United States of America v. Robert J. Stevens". Bloomberg L.P. July 18, 2008.
- ^ "Brian D. Kelly v. Borough of Carlisle" (PDF). United States Court of Appeals for the Third Circuit. October 4, 2010.
- ^ "B.H. Hawk & Relatives v. Easton Area School District" (PDF). United States Court of Appeals for the Third Circuit. August 5, 2013.
- ^ "Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia" (PDF). United States Court of Appeals for the Third Circuit. August 18, 2014.
- ^ "Mauricio Valdiviezo-Galdamez v. Attorney General of United States of America" (PDF). United States Court of Appeals for the Third Circuit. June 1, 2016.
- ^ "Di Li Li v. Attorney General of United States of America". United States Court of Appeals for the Third Circuit. September 15, 2015.
- ^ "Cazun v. Attorney General of United States of America". United States Court of Appeals for the Third Circuit. May 2, 2017.
- ^ "Potential nominee profile: Judge Thomas Hardiman, a close second to Gorsuch and a shortlister again - SCOTUSblog". SCOTUSblog. July 2, 2018. Retrieved July 9, 2018.
- ^ "These Are Trump's Candidates for the Supreme Court". Time. Retrieved July 9, 2018.
- ^ "United States of America v. Thomas S. Pendleton" (PDF). United States Court of Appeals for the Third Circuit. September 7, 2011.
- ^ "Rotkiske v. Klemm" (PDF). U.S. Court of Appeals, Third Circuit.
- ^ "Terms Begin for New Conference Committee Chairs". October 4, 2013.
- ^ Ariane de Vogue (January 24, 2017). "Examining the Top Contenders on Trump's Supreme Court List". CNN. Retrieved February 1, 2017.
- ^ Thomas Hardiman & NCJC Staff (2015). Speakers, Panelists and Special Guests: Circuit Judge Thomas M. Hardiman. Ninth Circuit Judicial Conference, July 13–15. San Diego, CA. Archived from the original (participant autobiogr.) on July 15, 2015. Retrieved February 1, 2017.[third-party source needed]
- ^ better source needed]
- ^ Paula Reed Ward and Tracie Mauriello (January 24, 2017). "Pittsburgh judge Hardiman on Trump's short list for Supreme Court". Pittsburgh Post-Gazette.
- ^ McCammon, Sarah; Montanaro, Domenico (July 7, 2018). "Religion, The Supreme Court And Why It Matters". NPR.org. Retrieved October 13, 2019.
Further reading
- Howe, Amy (January 23, 2017). "Potential Nominee Profile: Thomas Hardiman". SCOTUSblog. Washington, DC: Goldstein & Howe, PC. Retrieved February 1, 2017.
- Bill Whelan (June 10, 2016). "Waltham High Retirees Reflect on Their Careers". Wicked Local Waltham [Mass.] Pittsford, NY: GateHouse Media. Retrieved February 1, 2017. Mentions his participation in Chess, in high school.
- Ward, Pamela Reed, "Hardiman newest judge on federal appeals court" Pittsburgh Post-Gazette, April 6, 2007
- Ward, Pamela Reed, "Hardiman named to U.S. court of appeals" Pittsburgh Post-Gazette, March 17, 2007.
- O'Toole, James, "Bush picks Hardiman for appeals post" Pittsburgh Post-Gazette, September 14, 2006.
- Cato, Jason, "Bush nominates area judge to appeals court" Pittsburgh Tribune-Review, September 14, 2006.
- Ward, Pamela Reed, "Judge Hardiman considered for federal appeals post" Pittsburgh Post-Gazette, August 23, 2006.
- Cato, Jason, "U.S. judge here eyed for court of appeals"[dead link] Pittsburgh Tribune-Review, August 23, 2006.
External links
- Thomas Hardiman at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- U.S. Department of Justice Nominee Resume
- Appearances on C-SPAN
- Works by Thomas Hardiman at LibriVox (public domain audiobooks)