Joan Larsen
2017 - Present
6
Joan Louise Larsen is a judge on the United States Court of Appeals for the 6th Circuit. She was nominated to the court by President Donald Trump (R) on May 8, 2017, and confirmed by the U.S. Senate on November 1, 2017, by a vote of 60-38.[1] To see a full list of judges appointed by Donald Trump, click here.
The United States Court of Appeals for the 6th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 6th Circuit Court, click here.
Prior to her elevation to the Sixth Circuit, Larsen was a justice on the Michigan Supreme Court. She was appointed by Governor Rick Snyder (R) on September 30, 2015, and took office the following day. Michigan law required Larsen to run for election to her appointed seat in 2016 in order to complete the unfinished term of her predecessor, retired Justice Mary Beth Kelly.[2][3]
Larsen was included on a list of potential U.S. Supreme Court nominees released by President Donald Trump (R) on November 17, 2017.[4] For more information on the 2020 Supreme Court vacancy created by the death of former Justice Ruth Bader Ginsburg on September 18, 2020, click here.
Judicial nominations and appointments
United States Court of Appeals for the 6th Circuit (2017-present)
- See also: Federal judges nominated by Donald Trump
Larsen was nominated to the United States Court of Appeals for the 6th Circuit by President Donald Trump (R) on May 8, 2017. The U.S. Senate confirmed Larsen on November 1, 2017, by a vote of 60-38.[1] She received commission on November 2, 2017.[5] To read more about the federal nomination process, click here.
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| Nominee Information |
| Name: Joan L. Larsen |
| Court: United States Court of Appeals for the 6th Circuit |
| Progress |
| Confirmed 176 days after nomination. |
 Nominated: May 8, 2017
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| ABA Rating: Unanimously Well Qualified
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| Questionnaire: Questionnaire |
| Hearing: September 6, 2017
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| QFRs: (Hover over QFRs to read more) |
| Reported: October 5, 2017
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| Confirmed: October 31, 2017
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| Vote: 60-38
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Confirmation vote
The U.S. Senate confirmed Larsen on November 1, 2017, on a vote of 60-38.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Joan Larsen confirmation vote (November 1, 2017) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
8 | 36 | 2 | ||||||
 Republican |
52 | 0 | 0 | ||||||
 Independent |
0 | 2 | 0 | ||||||
| Total | 60 | 38 | 2 | ||||||
Senate Judiciary Committee hearing
Larsen had her hearing before the Senate Judiciary Committee on September 6, 2017. The committee voted to advance Larsen's nomination to the full Senate on October 5, 2017.[1]
Nomination
Larsen was nominated to replace Judge David McKeague, who assumed senior status on November 1, 2017.
The American Bar Association unanimously rated Larsen well qualified for the position.[6] To read more about ABA ratings, click here.
Michigan Supreme Court (2015-2017)
Larsen served on the Michigan Supreme Court from 2015 to 2017. She was appointed to the court by Governor Rick Snyder (R) on September 30, 2015, to replace retired Justice Mary Beth Kelly. Larsen was required by Michigan law to run for election to her appointed seat in 2016.[2][3]
2016 Election
- See also: Michigan Supreme Court elections, 2016
Justice Larsen ran for election in 2016 in order to complete the unfinished term of retired Justice Mary Beth Kelly.[3] She was nominated as the Republican candidate for the seat at the state Republican Party's convention on August 27.[7] She faced Judge Deborah Thomas (D) and attorney Kerry L. Morgan (Lib.) on November 8.
Justices on the Michigan Supreme Court are elected in nonpartisan elections. However, state parties often nominate candidates for the general election during their state conventions. Larsen was appointed to the court by Governor Rick Snyder (R) after working for President George W. Bush.
Election results
November 8 general election
Incumbent Joan Larsen defeated Deborah Thomas and Kerry L. Morgan in the general election for the Michigan Supreme Court, Larsen's seat.
| Michigan Supreme Court, Larsen's Seat, 2016 | ||||
|---|---|---|---|---|
| Party | Candidate | Vote % | Votes | |
| Republican |  Joan Larsen Incumbent |
57.62% | 1,940,260 | |
| Democratic | Deborah Thomas | 29.23% | 984,107 | |
| Libertarian | Kerry L. Morgan | 13.15% | 442,781 | |
| Total Votes (84 of 83 counties: 100%) | 3,367,148 | |||
| Source: Michigan Secretary of State Official Results | ||||
Political affiliation
Only nine states hold partisan elections for their appellate courts. Other states hold nonpartisan elections or use a combination of appointments and retention elections.
Nonpartisan elections in some states require judges to declare their partisan affiliations; in other states, judges are not required to declare a political affiliation and in fact may be prohibited from doing so.
Ballotpedia collects information about the political and ideological leanings of judges to offer better context for court decisions.
Political contributions
According to campaign finance records, Larsen donated to Mitt Romney's presidential campaign in 2012.
| Year | Race | Candidate | Contribution | Won/Lost |
|---|---|---|---|---|
| 2012 | U.S. President | Mitt Romney | $500 | Lost |
| 2012 | U.S. President | Romney Victory PAC | $500 | Lost |
Early life and education
A native of Waterloo, Iowa, Larsen earned her undergraduate degree at the University of Northern Iowa in 1990 and her J.D. at Northwestern University Pritzker School of Law in 1993. During her legal studies, she served as articles editor for the Northwestern University Law Review.[5][2][8]
Professional career
- 2017-present: Judge, United States Court of Appeals for the 6th Circuit
- 2015-2017: Justice, Michigan Supreme Court
- 2003-2015: Lecturer and special counsel to the dean, University of Michigan School of Law
- 2002-2003: Deputy assistant attorney general, office of legal counsel, U.S. Department of Justice
- 1998-2002: Lecturer and special counsel to the dean, University of Michigan School of Law
- 1997-1998: Visiting lecturer, Northwestern University Law School
- 1995-1997: Private practice, Washington, D.C.
- 1994-1995: Law clerk, Hon. Antonin Scalia, Supreme Court of the United States
- 1993-1994: Law clerk, Hon. David Sentelle, United States Court of Appeals for the District of Columbia Circuit[9][10][8]
Possible Donald Trump nominee to the U.S. Supreme Court
2020
- See also: Supreme Court vacancy, 2020
On September 18, 2020, Justice Ruth Bader Ginsburg died, leaving a vacancy on the Supreme Court. The following day, President Donald Trump (R) said he would nominate a woman to replace Ginsburg.[11] On September 26, 2020, President Trump nominated Amy Coney Barrett to fill the vacancy.[12]
Larsen was among the women President Trump had previously identified as a potential Supreme Court nominee before nominating Amy Coney Barrett. President Trump released four lists of potential U.S. Supreme Court nominees; two in 2016, one in 2017, and one in 2020. Click here for more information on the vacancy and nomination process.
2018
Larsen 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.[13] Trump ultimately chose Brett Kavanaugh as the nominee. Click here to learn more.
2017
On November 17, 2017, Larsen 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,[14]
| “ |
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.[15] |
” |
Endorsements and scorecards
After Larsen was named as a potential U.S. Supreme Court nominee by Donald Trump, the Michigan Republican Party issued the following statement in support of her:
| “ | It’s no surprise that Justice Joan Larsen and Judge Raymond Kethledge are on Donald Trump’s shortlist for potential Supreme Court nominees. These constitutional, rule-of-law jurists are great public servants for the people of Michigan, and would be a great addition to the highest court in the country.[16][15] | ” |
Views on the administrative state
The New Civil Liberties Alliance (NCLA), a public interest law firm with a focus on the administrative state, published an assessment of potential replacements for Justice Anthony Kennedy based on how each of them approached questions about the administrative state.[17][18]
According to its assessment, Larsen has said things that might indicate opposition to administrative power, but that "her sparse academic and judicial record on these topics makes it impossible to predict her likely future stance with any degree of certainty."[17] In the view of the assessment, though Larsen has taught legislation and regulation courses at the University of Michigan Law School, her lack of an established judicial record made it difficult to determine her potential stance of administrative power:[17]
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Noteworthy cases
Michigan Supreme Court holds that General Motors may coordinate retirees' benefits
In 1990, the United Auto Workers (UAW) and General Motors agreed that General Motors would not coordinate workers’ compensation and disability pensions, giving workers full benefits in both categories. The agreement was recorded in a letter of agreement that was then incorporated in the 1990 collective bargaining agreement (CBA) between the UAW and General Motors. Although that CBA expired in 1993, the prohibition of benefits coordination from the 1990 letter of agreement was included in every subsequent CBA until 2007. In 2007, the UAW and General Motors signed a new letter of agreement. The new letter provided that General Motors would be allowed to coordinate benefits, but only for future retirees. Then, in 2009, the UAW and General Motors agreed that General Motors could coordinate benefits for all retirees, including those who retired prior to the 2007 agreement.[19]
Clifton Arbuckle began working for General Motors in 1969, and he was represented by the UAW throughout his career with General Motors. In 1991, Arbuckle was injured on the job, and in 1993 he retired and began receiving a disability pension from General Motors. In 1995, he was granted workers’ compensation benefits as a result of his work injury. In 2009, Arbuckle was informed that the UAW and General Motors had agreed to begin coordinating benefits and that his total benefits would be reduced. Arbuckle filed suit. He argued that once he retired, the UAW no longer represented him, so he was not covered by the 2009 agreement. He argued that the 1990 agreement prohibiting General Motors from coordinating benefits still applied to him.[19]
In an opinion authored by Justice Larsen, a unanimous Michigan Supreme Court disagreed, ruling that General Motors was permitted to coordinate Arbuckle's benefits. Larsen wrote, “Neither the 1990 Letter of Agreement along with the 1990 CBA nor any subsequent agreements created an unalterable right to uncoordinated benefits for life.” Instead, she held, the termed nature of the agreements “evinced the parties’ intent to reserve the power to amend plaintiff’s right to uncoordinated benefits.” Therefore, General Motors’ “coordination of plaintiff’s workers’ compensation benefits with his disability pension benefits did not violate the terms of plaintiff’s disability pension plan.” [19]
About the court
| Sixth Circuit |
|---|
| Court of Appeals |
|
| Judgeships |
| Posts: 16 |
| Judges: 16 |
| Vacancies: 0 |
| Judges |
| Chief: Jeffrey Sutton |
| Active judges: Rachel Bloomekatz, John K. Bush, Eric Clay, Stephanie Dawkins Davis, Julia Gibbons, Richard Griffin, Raymond Kethledge, Joan Larsen, Andre Mathis, Karen Moore, Eric Murphy, John Nalbandian, Chad Readler, Jane Stranch, Jeffrey Sutton, Amul Thapar Senior judges: |
The United States Court of Appeals for the Sixth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.
The Sixth Circuit has 16 authorized judicial posts. The chief judge of the court is Jeffrey Sutton, who was appointed by President George W. Bush (R). Six of the judges on the court were appointed by Donald Trump (R).
Appeals are heard in the Potter Stewart United States Courthouse in Cincinnati, Ohio.
Four judges of the Sixth Circuit went on to serve on the Supreme Court of the United States. Howell Edmunds Jackson was appointed to the Supreme Court in 1893 by Benjamin Harrison (R), William R. Day was appointed in 1903 by Theodore Roosevelt (R), Horace Harmon Lurton was appointed in 1909 by William Howard Taft (R), and Potter Stewart was appointed in 1958 by Dwight Eisenhower (R).
The Sixth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Sixth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Sonia Sotomayor is the circuit justice for the Sixth Circuit.
The United States Court of Appeals for the 6th Circuit has appellate jurisdiction over the United States district courts in the following federal judicial districts:
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
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 United States Congress, "PN 371 — Joan Louise Larsen — The Judiciary," accessed November 1, 2017
- ↑ 2.0 2.1 2.2 Crain's Detroit Business, "UM law professor Joan Larsen appointed to Michigan Supreme Court," September 30, 2015
- ↑ 3.0 3.1 3.2 Midland Daily News, "Supreme Court justices Viviano, Larsen launch campaigns," April 22, 2016
- ↑ White House, "President Donald J. Trump’s Supreme Court List," November 17, 2017
- ↑ 5.0 5.1 Federal Judicial Center, "Larsen, Joan Louise," accessed April 25, 2020
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed April 25, 2020
- ↑ MLive, "See Democratic and Republican candidates for Supreme Court, university boards," August 28, 2016
- ↑ 8.0 8.1 National Review, "Who is Justice Joan Larsen?" May 7, 2017
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedbio - ↑ Michigan Courts, "Justice Joan L. Larsen," accessed May 8, 2017
- ↑ The Hill, "Trump expects to nominate woman to replace Ginsburg next week," September 19, 2020
- ↑ ‘’CNN’’, “Trump to announce Supreme Court nominee,” September 26, 2020
- ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
- ↑ The White House, "President Donald J. Trump Announces Five Additions to Supreme Court List," November 17, 2017
- ↑ 15.0 15.1 15.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Michigan GOP, "MRP statement on Donald Trump’s list of potential Supreme Court nominees," accessed May 21, 2016
- ↑ 17.0 17.1 17.2 New Civil Liberties Alliance, "NCLA Ranks the Short List of Candidates to Replace Justice Kennedy," July 6, 2018
- ↑ "New Civil Liberties Alliance", "About the Organization," accessed July 9, 2018
- ↑ 19.0 19.1 19.2 Michigan Supreme Court, Arbuckle v. General Motors, LLC Opinion, filed July 15, 2016
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the 6th Circuit 2017-Present |
Succeeded by - |
| |||
|---|---|---|---|
| 2017 |
Thomas Parker • Elizabeth Branch • Neil Gorsuch • Amul Thapar • David C. Nye • John K. Bush • Kevin Newsom • Timothy J. Kelly • Ralph Erickson • Scott Palk • Trevor McFadden • Joan Larsen • Amy Coney Barrett • Allison Eid • Stephanos Bibas • Donald Coggins Jr. • Dabney Friedrich • Greg Katsas • Steven Grasz • Don Willett • James Ho • William L. Campbell Jr. • David Stras • Tilman E. Self III • Karen Gren Scholer • Terry A. Doughty • Claria Horn Boom • John Broomes • Rebecca Grady Jennings • Kyle Duncan • Kurt Engelhardt • Michael B. Brennan • Joel Carson • Robert Wier • Fernando Rodriguez Jr. • Annemarie Carney Axon • | ||
| 2018 |
Andrew Oldham • Amy St. Eve • Michael Scudder • John Nalbandian • Mark Bennett • Andrew Oldham • Britt Grant • Colm Connolly • Maryellen Noreika • Jill Otake • Jeffrey Beaverstock • Emily Coody Marks • Holly Lou Teeter • Julius Richardson • Charles B. Goodwin • Barry Ashe • Stan Baker • A. Marvin Quattlebaum Jr. • Terry F. Moorer • Susan Baxter • William Jung • Alan Albright • Dominic Lanza • Eric Tostrud • Charles Williams • Nancy E. Brasel • James Sweeney • Kari A. Dooley • Marilyn J. Horan • Robert Summerhays • Brett Kavanaugh • David Porter • Liles Burke • Michael Juneau • Peter Phipps • Lance Walker • Richard Sullivan • Eli Richardson • Ryan Nelson • Chad F. Kenney, Sr. • Susan Brnovich • William M. Ray, II • Jeremy Kernodle • Thomas Kleeh • J.P. Hanlon • Mark Norris • Jonathan Kobes • Michael Brown • David Counts | ||
| 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 |
Lawrence VanDyke • Daniel Traynor • John Kness • Joshua Kindred • Philip Halpern • Silvia Carreno-Coll • Scott Rash • John Heil • Anna Manasco • John L. Badalamenti • Drew Tipton • Andrew Brasher • Cory Wilson • Scott Hardy • David Joseph • Matthew Schelp • John Cronan • Justin Walker • Brett H. Ludwig • Christy Wiegand • Thomas Cullen • Diane Gujarati • Stanley Blumenfeld • Mark Scarsi • John Holcomb • Stephen P. McGlynn • Todd Robinson • Hala Jarbou • David Dugan • Iain D. Johnston • Franklin U. Valderrama • John Hinderaker • Roderick Young • Michael Newman • Aileen Cannon • James Knepp • Kathryn Kimball Mizelle • Benjamin Beaton • Kristi Johnson • Toby Crouse • Philip Calabrese • Taylor McNeel • Thomas Kirsch • Stephen Vaden • Katherine Crytzer • Fernando Aenlle-Rocha • Charles Atchley • Joseph Dawson | ||
