Helene White
From Ballotpedia
Helene White
United States Court of Appeals for the 6th Circuit (senior status)
Tenure
2022 - Present
Years in position
2
Prior offices
United States Court of Appeals for the 6th Circuit
Education
Personal
Helene N. White is a federal judge on senior status with the United States Court of Appeals for the 6th Circuit. She joined the court on August 8, 2008, after being nominated by President George W. Bush (R). She assumed senior status on June 13, 2022.[1]
On November 22, 2021, White announced that she would assume senior status upon the confirmation of her successor.[2]
Biography
Education
A native of Jackson Heights, New York, White earned her bachelor's degree from Barnard College in 1975 and her J.D. from the University of Pennsylvania Law School in 1978.[1]
Professional career
- 2008-present: Judge, United States Court of Appeals for the 6th Circuit
- 1993-2008: Judge, Michigan Court of Appeals
- 1983-1993: Judge, Michigan Third Circuit
- 1981-1983: Judge, 36th District Court of Michigan
- 1978-1980: Law clerk, Hon. Charles Levin, Michigan Supreme Court[1]
Judicial career
Sixth Circuit Court of Appeals
| Nomination Tracker |
|---|
|
| Nominee Information |
| Name: Helene N. White |
| Court: United States Court of Appeals for the 6th Circuit |
| Progress |
| Confirmed 70 days after nomination. |
 Nominated: April 15, 2008
|
| ABA Rating: Majority Well Qualified, Minority Qualified
|
| Questionnaire: |
| Hearing: May 7, 2008
|
| Hearing Transcript: Hearing Transcript |
| QFRs: (Hover over QFRs to read more) |
| Reported: June 12, 2008
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| Confirmed: June 24, 2008
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| Vote: 63-32
|
White was nominated to the United States Court of Appeals for the 6th Circuit by President George W. Bush to a seat vacated by Judge Susan Neilson. The American Bar Association rated White Majority Well Qualified, Minority Qualified for the nomination.[3] Hearings on White's nomination were held before the United States Senate Committee on the Judiciary on May 7, 2008, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 12, 2008. White was confirmed on a recorded 63-32 vote of the U.S. Senate on June 24, 2008, and she received her commission on August 8, 2008.[1][4]
Prior to her 2008 confirmation, White was nominated by President Bill Clinton during the 105th, 106th, and 107th Congresses to succeed Judge Damon Keith on the Sixth Circuit Court of Appeals. The Senate Judiciary Committee never considered White's nomination. Judge Keith was succeeded by Judge Richard Griffin.[5][6][7]
Noteworthy cases
Sixth Circuit narrows applications of Chevron deference in criminal contexts (2021)
A divided three-judge panel of the United States Court of Appeals for the Sixth Circuit on March 25, 2021, limited applications Chevron deference in the criminal context in its Gun Owners of America v. Garland decision, which invalidated the Trump administration’s bump stock ban.[8][9]
The court declined to apply Chevron deference to the Bureau of Alcohol, Tobacco, and Firearm's statutory interpretation supporting the agency’s rule that allowed bump stocks to be classified as machine guns. The court held that Chevron deference did not apply because the law in question was a criminal statute. The court also found that the district court should have permitted the plaintiffs’ request for an injunction to block the rule.[8][9]
“Consistent with our precedent and mandated by separation-of-powers and fair-notice concerns,” wrote Judge Alice Batchelder in the opinion, “we hold that an administering agency's interpretation of a criminal statute is not entitled to Chevron deference.”[8][9]
Judge Eric Murphy joined Judge Batchelder in the opinion. Judge Helene White dissented.[9]
Judge White disagreed with the court’s limitation on Chevron deference. “The Supreme Court has applied Chevron in the criminal context in three binding decisions—Chevron itself, Babbitt, and O'Hagan—and has never purported to overrule those cases,” she wrote.[8][9]
The court remanded the case to the district court and eliminated the possibility of a nationwide injunction by limiting any subsequent injunctions to the four states within the Sixth Circuit.[8][9]
SCOTUS reverses Sixth Circuit panel in First Amendment employment discrimination claim (2012)
On January 11, 2012, the U.S. Supreme Court reversed the judgment of a three-judge panel of the Sixth Circuit. Judge Helene White issued a concurring opinion in the case.
After being dismissed by her employer, a Michigan-based evangelical church and school, Cheryl Perich filed a complaint with the Equal Employment Opportunity Commission (EEOC), which authorized a lawsuit. Perich filed a suit against the school in a federal district court. The school moved to dismiss Perich's lawsuit, arguing that the First Amendment provided a ministerial exception for the school's termination decision. The exception permits religious institutions greater latitude over employment actions. The district court granted summary judgment in favor of the school. A three-judge panel of the Sixth Circuit, in an opinion by Judge Eric Clay, vacated the lower court judgment and ordered the district court to proceed to a merits trial. The circuit panel concluded that Perich did not qualify as a minister under the exception, noting that her duties were akin to those of lay teacher.
In a concurring opinion, Judge Helene White ultimately sided with the panel, but noted that the case law on which the panel relied lead Judge White to note, "Perich's daily duties resemble to some extent those of the plaintiffs in each of these cases, including those in which the courts found the plaintiffs' 'primary duties' to be ministerial in nature." White agreed, however, that the exception did not apply in this case.[10]
Writing for a unanimous U.S. Supreme Court, Chief Justice John G. Roberts reversed the circuit panel, holding that "the interest of society in the enforcement of employment discrimination statutes is undoubtedly important. But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission. When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide it on its way."[11][12]
See also
External links
- Search Google News for this topic
- United States Court of Appeals for the 6th Circuit
- Biography from the Federal Judicial Center
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "White, Helene N.," accessed December 14, 2021
- ↑ U.S. Courts, "Future Judicial Vacancies," accessed December 14, 2021
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 110th Congress," accessed November 30, 2016
- ↑ United States Congress, "PN1560 — Helene N. White — The Judiciary," accessed November 30, 2016
- ↑ United States Congress, "PN 26 — Helene N. White — The Judiciary," accessed November 30, 2016
- ↑ United States Congress, "PN 48 — Helene N. White — The Judiciary," accessed November 30, 2016
- ↑ United States Congress, "PN 8 — Helene N. White — The Judiciary," accessed November 30, 2016
- ↑ 8.0 8.1 8.2 8.3 8.4 Reason, "Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute," March 25, 2021
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 United States Court of Appeals for the Sixth Circuit, "Gun Owners of America v. Garland," March 25, 2021
- ↑ U.S. Court of Appeals for the Sixth Circuit, EEOC v. Hosanna Tabor Evangelical Lutheran Church and School, March 9, 2010
- ↑ Supreme Court of the United States, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, January 11, 2012
- ↑ Oyez.org, "Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC," accessed October 13, 2017
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