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Kevin Newsom

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Kevin C. Newsom

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United States Court of Appeals for the 11th Circuit

Tenure

2017 - Present

Years in position

Education

Personal

Kevin Christopher Newsom is a judge on the United States Court of Appeals for the 11th Circuit. He was nominated to the court by President Donald Trump (R) on May 8, 2017, and confirmed by the U.S. Senate on August 1, 2017, by a vote of 66-31.^[1]^[2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 11th 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 11th Circuit Court, click here.

At the time of his nomination, Newsom was a partner at Bradley Arant Boult Cummings LLP in Birmingham, Alabama.^[3]

Newsom 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.”^[4]^[5]

Judicial nominations and appointments

United States Court of Appeals for the 11th Circuit

See also: Federal judges nominated by Donald Trump

Newsom was nominated to the United States Court of Appeals for the 11th Circuit by President Donald Trump (R) on May 8, 2017. The U.S. Senate confirmed Newsom on August 1, 2017, by a vote of 66-31.^[2] He received commission on August 2, 2017.^[1] To read more about the federal nomination process, click here.

Nomination Tracker

Nominee Information
Name: Kevin C. Newsom
Court: United States Court of Appeals for the 11th Circuit
Progress
Confirmed 85 days after nomination.
Nominated: May 8, 2017
ABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
Hearing: June 14, 2017

QFRs: (Hover over QFRs to read more)

Reported: July 13, 2017
Confirmed: August 1, 2017
Vote: 66-31

Confirmation vote

The U.S. Senate confirmed Newsom on August 1, 2017, on a vote of 66-31.^[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Kevin Newsom confirmation vote (August 1, 2017)
Party	Yea	Nay	No vote
Democratic	16	29	1
Republican	50	0	2
Independent	0	2	0
Total	66	31	3

Senate Judiciary Committee hearing

Newsom had his hearing before the Senate Judiciary Committee on June 14, 2017. The committee voted to advance Newsom's nomination to the full Senate on July 13, 2017.^[2]

Nomination

Newsom was nominated to replace Judge Joel Dubina, who assumed senior status on October 26, 2013.

The American Bar Association unanimously rated Newsom well qualified for the position.^[6] To read more about ABA ratings, click here.

Early life and education

A native of Birmingham, Alabama, Newsom earned his bachelor's degree, summa cum laude, from Samford University in 1994. He graduated first in his class from Samford University. Newsom earned his J.D. from Harvard Law School, magna cum laude, in 1997. During a period of his legal studies, Newsom was articles editor of the Harvard Law Review.^[1]^[7]

Professional career

2017-present: Judge, United States Court of Appeals for the 11th Circuit
2011: Adjunct professor, Vanderbilt University Law School
2009-2011: Adjunct professor, Samford University, Cumberland School of Law
2007-2017: Private practice, Birmingham, Ala.
2003-2007: Solicitor general of Alabama
2002: Adjunct professor, Georgetown University Law Center
2001-2003: Private practice, Washington, D.C.
2000-2001: Law clerk, Hon. David Souter, Supreme Court of the United States
1998-2000: Private practice, Washington, D.C.
1997-1998: Law clerk, Hon. Diarmuid O'Scannlain, United States Court of Appeals for the 9th Circuit^[1]^[7]^[3]

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

Newsom 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, Newsom 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

SCOTUS holds Title IX permits retaliation suits (2005)

See also: United States Court of Appeals for the 11th Circuit (Jackson v. Birmingham Board of Education, 544 U.S. 167)

On March 29, 2005, the U.S. Supreme Court issued its opinion in Jackson v. Birmingham Board of Education, an appeal from a judgment of the United States Court of Appeals for the 11th Circuit. Jackson, a former coach of the Ensley High School girls' basketball team, complained to his supervisors alleging unequal treatment and access to equipment and facilities for his team, but not for the boys' team. Rather than acting on Jackson's complaints, Jackson instead began to receive negative work evaluations and was removed as the girls' basketball coach in 2001. Jackson filed a lawsuit in federal district court, alleging that Birmingham Board of Education violated Title IX of the Civil Rights Act of 1964 by retaliating against him for protesting the discrimination of the girls' team. The district court dismissed the complaint and the Eleventh Circuit affirmed, holding that a private cause of action for retaliation was not permitted under Title IX.

At oral arguments before the U.S. Supreme Court, Kevin Newsom argued for the court to uphold the lower court rulings in his capacity as the solicitor general of Alabama. Newsom argued that Jackson's position claiming Title IX allowed for a private implied right of action in retaliation claims was not correct, and that in citing express claims providing for retaliation under Title VII, Congress intended to exclude retaliation claims under Title IX. In a 5-4 opinion by Justice Sandra Day O'Connor, the court reversed the lower courts and held that Title IX permitted retaliation claims.^[11]

About the court

Eleventh Circuit
Court of Appeals

Judgeships
Posts: 12
Judges: 12
Vacancies: 0
Judges
Chief: William Pryor
Active judges: Nancy Gbana Abudu, Elizabeth L. Branch, Andrew Brasher, Britt Grant, Adalberto Jordan, Embry Kidd, Barbara Lagoa, Robert J. Luck, Kevin C. Newsom, Jill Pryor, William Pryor, Robin Rosenbaum Senior judges: Robert Lanier Anderson, Susan Black, Edward Carnes, Julie Carnes, Joel Dubina, James L. Edmondson, Frank Hull, Stanley Marcus, Gerald Tjoflat, Charles Wilson

The United States Court of Appeals for the Eleventh 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. Appeals are heard in the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta.

Map of the Eleventh Circuit. Click on a district to find out more about it.

The Eleventh 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 Eleventh Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Clarence Thomas is the circuit justice for the Eleventh Circuit.

The United States Court of Appeals for the 11th Circuit has appellate jurisdiction over the district courts in the following 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.