Standard of Review
An Appellate Law Blog

Full Senate Approves Third Circuit Nominee

By Andrew Gimigliano on 11/02/2017
Posted In Third Circuit

A divided Senate today, by a vote of 53-43, approved Third Circuit nominee Stephanos Bibas, with Sen. Joe Manchin (WV) the sole Democrat to vote in his favor.

Bibas will replace Judge Marjorie O. Rendell, who took senior status in 2016.

Bibas’ confirmation marks the fourth Court of Appeals confirmation this week (Joan Larsen to the 6th Circuit, Amy Coney Barrett to the 7th Circuit, and Allison Eid to the 10th Circuit).

Senate Judiciary Committee Advances Third Circuit Nominee

By Andrew Gimigliano on 10/26/2017
Posted In Third Circuit

The Senate Judiciary Committee approved eight federal court nominees today, including nominee to the Third Circuit Stephanos Bibas, a professor at the University of Pennsylvania Law School.  Professor Bibas is a former law clerk to Justice Anthony Kennedy and to Judge Patrick Higginbotham of the Fifth Circuit Court of Appeals.  He also served as an Assistant United States Attorney in the Southern District of New York.

Opposition to his nomination has largely focused on his lack of judicial experience and on a paper Professor Bibas wrote but never published, which advocated for certain crimes to be punished by “non-disfiguring corporal punishment.”  In response to the Committee’s written questions on the topic, Professor Bibas said he “workshopped” the paper during the summer of 2009 and decided not to seek publication of the paper after seeing that corporal punishment is “wrong and deeply offensive.”  He pointed to feedback from a Yale Law professor who informed him of the role of corporal punishment to Jim Crow and slavery.

Professor Bibas’ nomination will move to the full Senate, likely as soon as next week, where he is nearly certain to be confirmed due to the Republicans’ control of that chamber.