Federico Moreno

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Federico Moreno
Image of Federico Moreno

Nonpartisan

United States District Court for the Southern District of Florida (senior status)
Tenure

2020 - Present

Years in position

4

Prior offices
United States District Court for the Southern District of Florida
Successor: David Leibowitz

Education

Bachelor's

University of Notre Dame, 1974

Law

University of Miami School of Law, 1978

Federico A. Moreno is an Article III federal judge on senior status on the United States District Court for the Southern District of Florida. He joined the court in 1990 after being nominated by President George H.W. Bush (R). Moreno assumed senior status on July 17, 2020. He served as the chief judge of the court from 2007 to 2014.[1]

Before his appointment to the federal bench, Moreno was a judge on the Eleventh Circuit Court of Florida.[1]

Moreno was included on President Donald Trump’s (R) June 2018 list of 25 potential Supreme Court nominees to replace Justice Anthony Kennedy on the court. Trump first released such a list during his 2016 presidential campaign and stated, “This list is definitive and I will choose only from it in picking future Justices of the United States Supreme Court.”[2][3]

Early life and education

A native of Caracas, Venezuela, Moreno graduated from the University of Notre Dame with his bachelor's degree in 1974 and from the University of Miami School of Law with his J.D. in 1978.[1]

Professional career

Judicial career

Southern District of Florida

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Federico A. Moreno
Court: United States District Court for the Southern District of Florida
Progress
Confirmed 38 days after nomination.
ApprovedANominated: June 5, 1990
ApprovedAABA Rating: Unanimously Qualified
Questionnaire:
ApprovedAHearing: June 27, 1990
QFRs: (Hover over QFRs to read more)
ApprovedAReported: July 12, 1990 
ApprovedAConfirmed: July 13, 1990
ApprovedAVote: Unanimous consent

Moreno was nominated to the United States District Court for the Southern District of Florida by President George H.W. Bush (R) on June 5, 1990, to a seat vacated by Alcee Hastings. The American Bar Association rated Moreno Unanimously Qualified for the nomination.[4] Hearings on Moreno's nomination were held before the United States Senate Committee on the Judiciary on June 27, 1990, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on July 12, 1990. Moreno was confirmed by the unanimous consent of the U.S. Senate on July 13, 1990, and he received his commission on July 16, 1990. He assumed senior status on July 17, 2020. Moreno was chief judge of the court from 2007 to 2014.[1][5]

Eleventh Circuit Court of Appeals

Moreno was nominated to the United States Court of Appeals for the 11th Circuit on March 10, 1992, by President George H.W. Bush to a seat vacated by Judge Paul Roney. The American Bar Association rated Moreno Unanimously Qualified for the nomination.[6] Under Rule XXXI, paragraph six of the standing rules of the Senate, Moreno's nomination was returned to the president on October 8, 1992.[7]

Possible Donald Trump nominee to the U.S. Supreme Court

See also: Possible nominees to replace Anthony Kennedy on the United States Supreme Court
See also: Process to fill the vacated seat of Justice Antonin Scalia

2018

Moreno was listed by President Donald Trump (R) as a potential Supreme Court nominee to replace Justice Anthony Kennedy. Kennedy announced he would retire from the court effective July 31, 2018.[8] Trump ultimately chose Brett Kavanaugh as the nominee. Click here to learn more.

2017

On November 17, 2017, Moreno was included in a third list of individuals from which President Donald Trump would choose to fill vacancies on the U.S. Supreme Court.

A White House statement announcing the nominees stated,[9]

“

One year ago, President Donald J. Trump was elected to restore the rule of law and to Make the Judiciary Great Again. Following the successful confirmation of Justice Neil M. Gorsuch to the Supreme Court of the United States and the nomination of more than seventy Federal judges—including five individuals from his Supreme Court list—President Trump today announced that he is refreshing his Supreme Court list with five additional judges. President Trump will choose a nominee for a future Supreme Court vacancy, should one arise, from this updated list of 25 individuals. The President remains deeply committed to identifying and selecting outstanding jurists in the mold of Justice Gorsuch. These additions, like those on the original list released more than a year ago, were selected with input from respected conservative leaders.[10]

”

Noteworthy cases

Cuban refugees that reached unconnected portion of Fla. bridge eligible to apply for asylum (2006)
See also: United States District Court for the Southern District of Florida (Movemiento Democracia, Inc. et al. v. Chertoff et al., No. 06-20044CIV)

On February 28, 2006, a federal court denied the U.S. government's motion for summary judgment after concluding the government illegally removed 15 Cuban refugees from U.S. soil. In 2006, an interest group, Movemiento Democracia, Inc., filed an emergency lawsuit pursuant to the U.S. Coast Guard's decision to remove 15 Cuban refugees from the United States. The refugees were found by the Coast Guard on a portion of a bridge in the Florida Keys that was not physically connected to the U.S. mainland. The Coast Guard determined, under the government's wet foot/dry foot policy, that the refugees were found at sea and not on land. The policy, as applied to Cuban refugees, stipulated that if Cuban refugees reach U.S. land "they are allowed to stay, apply for political asylum and eventually residency. If they are picked up at sea, they are repatriated to Cuba."[11]

In proceedings before Judge Federico Moreno, the U.S. government's petition for summary judgment was denied. The government argued that the Coast Guard was entitled to judicial deference in enforcing the policy. Judicial deference is a doctrine that says judges generally should defer to legislative or executive agencies in their enforcement of laws or policies. Here, the government maintained that the Coast Guard's assessment that the bridge on which the refugees were found was unconnected to the U.S. mainland. Accordingly, the Coast Guard's detention of the refugees constituted a capture at sea and, therefore, required the refugees' repatriation to Cuba. Judge Moreno, however, ruled that the Coast Guard's decision was unreasonable and would receive no deference. In his order denying summary judgment, Judge Moreno wrote,[11]

“

The Court finds that the historic bridge, which the State of Florida owns and pioneer Henry Flagler built to develop the tip of Florida, is indeed part of the United States despite its present lack of use. Therefore, the Coast Guard's decision to remove those Cuban refugees back to Cuba was not a reasonable interpretation of present executive policy. ... the Court cannot escape the legal conclusion ... that those Cuban refugees who reached American soil in early January 2006 were removed to Cuba illegally.[10]

”

Despite acknowledging the lack of jurisdiction his order would have in Cuba, Judge Moreno ordered the U.S. government to make best efforts to afford the removed plaintiffs the due process rights that the refugees deserved after their illegal removal from the U.S. and repatriation back to Cuba.[11]

In 2016, Judge Moreno's opinion was considered precedential by 21 plaintiffs who were found on a lighthouse in the Florida Keys after fleeing Cuba. A federal judge, however, held that the lighthouse was not considered U.S. soil, and the plaintiffs were removed to the U.S. naval base at Guantanamo Bay, Cuba. 20 of those plaintiffs were identified as having legitimate refugee claims. On August 22, 2017, 17 of those refugees were resettled in Brisbane, Australia.[12][13]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Biographical directory of federal judges," accessed September 23, 2016
  2. ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
  3. ↑ FindLaw, "Trump Revises His Supreme Court Picks," September 26, 2016
  4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 101st Congress," accessed September 23, 2016
  5. ↑ United States Congress, "PN 1312 - Federico A. Moreno - The Judiciary," accessed September 23, 2016
  6. ↑ American Bar Association, "Ratings of Article III judicial nominees," accessed September 23, 2016
  7. ↑ United States Congress, "PN 932 - Federico A. Moreno - The Judiciary," accessed September 23, 2016
  8. ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
  9. ↑ The White House, "President Donald J. Trump Announces Five Additions to Supreme Court List," November 17, 2017
  10. ↑ 10.0 10.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. ↑ 11.0 11.1 11.2 U.S. District Court for the Southern District of Florida, Movimiento Democracia, Inc. et al. v. Chertoff et al., February 28, 2006
  12. ↑ The Miami Herald, "After 39 days at sea, lighthouse Cubans have wet feet, judge rules," June 28, 2016
  13. ↑ The Guardian, "Australia resettles Cuban refugees found clinging to lighthouse off Florida Keys," August 22, 2017
Political offices
Preceded by:
Alcee Hastings 		Southern District of Florida
1990–2020
Seat #12 		Succeeded by:
NA



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