John Gallagher (Pennsylvania federal judicial nominee)
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2019 - Present
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John Michael Gallagher is a judge on the United States District Court for the Eastern District of Pennsylvania. He was nominated to the court by President Donald Trump (R) on October 15, 2019, and confirmed by the United States Senate on December 19, 2019, by a vote of 83-9.[1][2] He received commission on December 31, 2019.[3] To see a full list of judges appointed by Donald Trump, click here.
The United States District Court for the Eastern District of Pennsylvania is one of 94 U.S. District Courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.
Gallagher was previously the chief of the Allentown Branch and an assistant United States attorney in the United States Attorney's Office for the Eastern District of Pennsylvania.[4]
Judicial nominations and appointments
United States District Court for the Eastern District of Pennsylvania (2019-present)
- See also: Federal judges nominated by Donald Trump
On October 15, 2019, President Donald Trump (R) nominated Gallagher to a seat on the United States District Court for the Eastern District of Pennsylvania. The United States Senate confirmed Gallagher on December 19, 2019, by a vote of 83-9.[1] To read more about the federal nominations process, click here.
 |
| Nominee Information |
| Name: John Gallagher |
| Court: United States District Court for the Eastern District of Pennsylvania |
| Progress |
| Confirmed 65 days after nomination. |
| Questionnaire: Questionnaire |
| QFRs: QFRs (Hover over QFRs to read more) |
Confirmation vote
The U.S. Senate confirmed Gallagher on December 19, 2019, on a vote of 83-9.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Gallagher confirmation vote (December 19, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
| 31 | 9 | 5 | |||||||
| 51 | 0 | 2 | |||||||
| 1 | 0 | 1 | |||||||
| Total | 83 | 9 | 8 | ||||||
Change in Senate rules
Gallagher was confirmed to a U.S. District Court under a new precedent the Senate established.
On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[5]
The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[6]
It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[7] For more, see Filibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
The Senate Judiciary Committee held hearings on Gallagher's nomination on October 16, 2019.[8] The committee voted 19-3 on November 7 to advance the nomination to the full Senate.[9]
Nomination
On August 28, 2019, President Donald Trump (R) announced his intent to nominate Gallagher to a seat on the United States District Court for the Eastern District of Pennsylvania.[4] The U.S. Senate officially received the nomination October 15, 2019.[1]
Gallagher was nominated to replace Judge Lawrence Stengel, who retired August 31, 2018.[10]
Senators Pat Toomey (R) and Bob Casey (D) of Pennsylvania supported Gallagher's nomination. Toomey said of Gallagher, "I am confident he will be an impartial jurist who treats everyone fairly." Casey said, "I am confident that he has the integrity, intellect and independence necessary to serve honorably as a federal judge."[10]
The American Bar Association rated John Gallagher well qualified by a substantial majority and qualified by a minority.[11] To read more about ABA ratings, click here.
Early life and education
Gallagher was born in Queens, New York, in 1966. He earned his B.S. from Long Island University in 1989 and his J.D. from New York Law School in 1994.[12]
Professional career
- 2019-present: Judge, U.S. District Court for the Eastern District of Pennsylvania
- 2004-2019: United States Attorney's Office for the Eastern District of Pennsylvania
- 2014-2019: Chief of Allentown Branch Office
- 2004-2019: Assistant U.S. attorney
- 2003-2004: Assistant chief of police, Miami Police Department Administration Division
- 2001-2003: Assistant U.S. attorney and civil rights coordinator, U.S. Attorney's Office for the District of New Mexico
- 2000-2001: White House Fellow, U.S. Department of Justice
- 1998-2000: Special counsel to police commissioner, Philadelphia Police Department
- 1997-1998: Assistant district attorney, Monroe County, New York
- 1996-1997: Assistant special prosecutor, New York City Police Department
- 1994-1996: Assistant district attorney, Bronx County, New York
- 1989-1994: Various positions, Miami and Philadelphia police departments[12]
Awards
Gallagher received the following awards from the U.S. Department of Justice:
- 2015:
- Director's Award for Superior Performance, Executive Office of U.S. Attorneys, United States v. Kaboni Savage et al.
- National Prosecutorial Award, Federal Law Enforcement Association, United States v. Kaboni Savage et al.
- 2014:
- Certificate of Recognition, FBI Director, United States v. Dale Mentzer et al.
- Associate Attorney General Award for Distinguished Service, United States v. Kaboni Savage et al.
- Award of Recognition, FBI Director, United States v. Kaboni Savage et al.
- Outstanding Prosecutor Award, Philadelphia/Camden High Intensity Drug Trafficking Areas, United States v. Kaboni Savage et al.
- 2012: Commendation, Emmaus Police Department, United States v. Trammel Bledsoe, et al.
- 2011:
- Certificate of Recognition, FBI Director, Investigation and prosecution of the Bethlehem Sun Tribe of the Almighty Latin Kings Queens Nation
- Outstanding Prosecutor Award, Pennsylvania Narcotics Officers Association, Investigation and prosecution of the Bethlehem Sun Tribe of the Almighty Latin Kings Queens Nation
- 2010: Top Street Gang/Narcotics Investigation, Northeast Region, FBI, Operation Easton Sweep
- 2008: Administrator's Award for Excellence, DEA Administrator, Operation White Market
- 2006: Award of Recognition, FBI Philadelphia Squad 2, United States v. Robert Merritt
- 2005: Award of Recognition, A TF Philadelphia, Project Safe Neighborhood
- 2001: Award of Recognition, United States Attorney General John Ashcroft, Service as White House Fellow
- 2000:
- Certificate of Appreciation, United States Attorney/Eastern District of Pennsylvania, Service as Special Advisor to Police Commissioner
- Award of Recognition, United States Attorney General Janet Reno, Service as White House Fellow[12]
About the court
| Eastern District of Pennsylvania |
|---|
| Third Circuit |
|
| Judgeships |
| Posts: 22 |
| Judges: 22 |
| Vacancies: 0 |
| Judges |
| Chief: Mitchell Goldberg |
| Active judges: Wendy Beetlestone, Mary Kay Costello, Paul Diamond, John Gallagher, Mitchell Goldberg, Catherine Henry, Kelley Hodge, Mark A. Kearney, Chad F. Kenney Sr., Joseph F. Leeson Jr., Karen Marston, Gerald Austin McHugh Jr., John Frank Murphy, Gerald J. Pappert, Mia Roberts Perez, Nitza I. Quinones Alejandro, Juan Sanchez, Jeffrey L. Schmehl, Kai Scott, Gail Weilheimer, Joshua Wolson, John M. Younge Senior judges: |
The United States District Court for the Eastern District of Pennsylvania is one of 94 United States district courts. It is one of the original thirteen federal judiciary districts created by the Judiciary Act of 1789.
When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Third Circuit based in downtown Philadelphia at the James Byrne Courthouse.
The Eastern District of Pennsylvania has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
The geographic jurisdiction of the Eastern District of Pennsylvania consists of all the following counties in the eastern part of the state of Pennsylvania.
To read opinions published by this court, click here.
The federal nomination process
Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:
- The president nominates an individual for a judicial seat.
- The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
- The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
- As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
- After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
- If approved, the nominee is voted on by the full Senate.
- If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
- The Senate holds a vote on the candidate.
- If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
- If the Senate does not confirm the nomination, that nominee does not become a judge.
See also
- United States District Court for the Eastern District of Pennsylvania
- United States Court of Appeals for the 3rd Circuit
External links
- Search Google News for this topic
- United States District Court for the Eastern District of Pennsylvania
- United States Court of Appeals for the 3rd Circuit
- Biography from the Federal Judicial Center
Footnotes
- ↑ 1.0 1.1 1.2 Congress.gov, "PN1169 — John M. Gallagher — The Judiciary," accessed October 17, 2019
- ↑ 2.0 2.1 Congress.gov, "PN1169 — John M. Gallagher — The Judiciary," accessed December 19, 2019
- ↑ Federal Judicial Center, "Gallagher, John Michael," accessed January 1, 2020
- ↑ 4.0 4.1 WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee," August 28, 2019
- ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
- ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
- ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
- ↑ Senate Judiciary Committee, "Nominations," October 16, 2019
- ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," November 7, 2019
- ↑ 10.0 10.1 The Morning Call, "Allentown federal prosecutor nominated to fill federal judgeship serving Lehigh Valley," August 28, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed October 16, 2019
- ↑ 12.0 12.1 12.2 Senate Judiciary Committee, "Questionnaire for Judicial Nominees: John Michael Gallagher," accessed October 17, 2019
| Political offices | ||
|---|---|---|
| Preceded by - |
United States District Court for the Eastern District of Pennsylvania 2019-Present |
Succeeded by - |
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|---|---|---|---|
| 2017 |
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| 2019 |
Eric Miller • Chad Readler • Eric Murphy • Neomi Rao • Paul Matey • Allison Jones Rushing • Bridget S. Bade • Roy Altman • Patrick Wyrick • Holly Brady • David Morales • Andrew Brasher • J. Campbell Barker • Rodolfo Ruiz • Daniel Domenico • Michael Truncale • Michael Park • Joseph Bianco • Raúl Arias-Marxuach • Daniel Collins • Joshua Wolson • Wendy Vitter • Kenneth Kiyul Lee • Kenneth Bell • Stephen Clark • Howard Nielson • Rodney Smith • Jean-Paul Boulee • Sarah Daggett Morrison • Rossie Alston • Pamela A. Barker • Corey Maze • Greg Guidry • Matthew Kacsmaryk • Allen Winsor • Carl Nichols • James Cain, Jr. • Tom Barber • J. Nicholas Ranjan • Clifton L. Corker • Peter Phipps • Daniel Bress • Damon Leichty • Wendy W. Berger • Peter Welte • Michael Liburdi • William Shaw Stickman • Mark Pittman • Karin J. Immergut • Jason Pulliam • Brantley Starr • Brian Buescher • James Wesley Hendrix • Timothy Reif • Martha Pacold • Sean Jordan • Mary Rowland • John M. Younge • Jeff Brown • Ada Brown • Steven Grimberg • Stephanie A. Gallagher • Steven Seeger • Stephanie Haines • Mary McElroy • David J. Novak • Frank W. Volk • Charles Eskridge • Rachel Kovner • Justin Walker • T. Kent Wetherell • Danielle Hunsaker • Lee Rudofsky • Jennifer Philpott Wilson • William Nardini • Steven Menashi • Robert J. Luck • Eric Komitee • Douglas Cole • John Sinatra • Sarah Pitlyk • Barbara Lagoa • Richard Myers II • Sherri Lydon • Patrick Bumatay • R. Austin Huffaker • Miller Baker • Anuraag Singhal • Karen Marston • Jodi Dishman • Mary Kay Vyskocil • Matthew McFarland • John Gallagher • Bernard Jones • Kea Riggs • Robert J. Colville • Stephanie Dawkins Davis • Gary R. Brown • David Barlow • Lewis Liman | ||
| 2020 |
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Federal courts:
Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania
State courts:
Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts
State resources:
Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania