Allison Eid
2017 - Present
7
Allison Hartwell Eid is a judge on the United States Court of Appeals for the 10th Circuit. She was nominated to the court by President Donald Trump (R) on June 7, 2017, and confirmed by the U.S. Senate on November 2, 2017, by a vote of 56-41.[1] To see a full list of judges appointed by Donald Trump, click here.
The United States Court of Appeals for the 10th 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 10th Circuit Court, click here.
Eid 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.[2][3] She was also on the short list to potentially replace Justice Ruth Bader Ginsburg in September 2020.[4]
Prior to her service on the Tenth Circuit, Judge Eid was a justice on the Colorado Supreme Court. She was the 95th justice to serve on the court, serving from 2006 to 2017.[5] Eid was appointed to the court by Republican Governor Bill Owens on February 15, 2006, to succeed Justice Rebecca Kourlis, who retired. She was retained by voters in November 2008.
Judicial nominations and appointments
United States Court of Appeals for the 10th Circuit (2017-present)
- See also: Federal judges nominated by Donald Trump
Eid was nominated to the United States Court of Appeals for the 10th Circuit by President Donald Trump (R) on June 7, 2017. The U.S. Senate confirmed Eid on November 2, 2017, by a vote of 56-41.[6] She received commission the next day.[5]To read more about the federal nomination process, click here.
 |
| Nominee Information |
| Name: Allison H. Eid |
| Court: United States Court of Appeals for the 10th Circuit |
| Progress |
| Confirmed 148 days after nomination. |
 Nominated: June 7, 2017
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| ABA Rating: Substantial Majority Well Qualified, Minority Qualified
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| Questionnaire: Questionnaire |
| Hearing: September 20, 2017
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| QFRs: (Hover over QFRs to read more) |
| Reported: October 26, 2017
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| Confirmed: November 2, 2017
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| Vote: 56-41
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Confirmation vote
The U.S. Senate confirmed Eid on November 2, 2017, on a vote of 56-41.[7]To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Allison Eid confirmation vote (November 2, 2017) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
4 | 39 | 3 | ||||||
 Republican |
52 | 0 | 0 | ||||||
 Independent |
0 | 2 | 0 | ||||||
| Total | 56 | 41 | 3 | ||||||
Senate Judiciary Committee hearing
Eid had her hearing before the Senate Judiciary Committee on September 20, 2017. The committee voted to advance Eid's nomination to the full Senate on October 26, 2017.[8]
Nomination
Eid was nominated to replace Judge Neil Gorsuch, who was nominated to the Supreme Court on January 31, 2017.
The American Bar Association rated Eid Substantial Majority Well Qualified, Minority Qualified for the position.[9] To read more about ABA ratings, click here.
Colorado Supreme Court (2006-2017)
Eid was a justice on the Colorado Supreme Court. She was the 95th justice to serve on the court, serving from 2006 to 2017.[5] Eid was appointed to the court by Republican Governor Bill Owens on February 15, 2006, to succeed Justice Rebecca Kourlis, who retired. She was retained by voters in November 2008.
Elections
2008
| Colorado Supreme Court, Associate Justice 2008 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
Allison Eid 
|
1,338,571 | 74.6% | ||
| Against retention | 456,337 | 25.4% | ||
Early life and education
A native of Seattle, Washington, Eid received her bachelor's degree in American studies with distinction from Stanford University in 1987. She received her J.D. with high honors from the University of Chicago Law School in 1991. She was inducted into the Order of the Coif, a legal scholastic honor society. During a period of her legal studies, she served as articles editor of the University of Chicago Law Review.[5]
Professional career
- 2017 - Present: Judge, United States Court of Appeals for the 10th Circuit
- 2006-2017: Associate justice, Colorado Supreme Court
- 2005-2006: Solicitor general of Colorado
- 1998 - Present: Associate professor, University of Colorado School of Law
- 1994-1998: Private practice, Denver, Colo.
- 1993-1994: Law clerk, Hon. Clarence Thomas, Supreme Court of the United States
- 1992-1993: Law clerk, Hon. Jerry E. Smith, United States Court of Appeals for the 5th Circuit
- 1987-1988: Special assistant and speechwriter, William Bennett, U.S. Secretary of Education[5][10]
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]
Eid 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
- See also: Possible nominees to replace Anthony Kennedy on the United States Supreme Court and Process to fill the vacated seat of Justice Antonin Scalia
Eid 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]
2017
On November 17, 2017, Eid 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] |
” |
Remarking on Eid's inclusion in the list of possible Trump nominees, Colorado Peak Politics, a self-declared conservative blog, praised Eid, saying:
| “ | Eid has consistently stood up for school choice reform, small government and taxpayers against fellow justices who are known for their political activism. That kind of experience builds character and a strong backbone – qualities that Scalia had an abundance of and would be great to see in his replacement.[16][15] | ” |
Noteworthy cases
University may not prohibit concealed weapons on campus
In an opinion authored by Justice Eid, the Colorado Supreme Court ruled that the Colorado Concealed Carry Act (CCA) prevented University of Colorado officials from banning handguns on campus. The Students for Concealed Carry on Campus, LLC had filed suit against the Board of Regents of the University of Colorado and other officials, challenging a policy that prohibited anyone other than law enforcement officials from carrying handguns on campus. The students claimed that the policy violated the Colorado Concealed Carry Act and the right to bear arms under the Colorado Constitution.[17]
The trial court dismissed the students' claims, but the Colorado Court of Appeals revived the case. On appeal, Justice Eid said that the CCA allowed permitted handgun owners “to carry a concealed handgun in all areas of the state, except as specifically limited.” Although the CCA prohibited permit holders from carrying handguns onto elementary, middle, or high school property, the act did not specifically exempt University of Colorado property. Justice Eid concluded that because the university was not specifically excluded from the CCA, the legislature did not intend to exempt the university from the CCA's coverage. She wrote that "the CCA’s comprehensive statewide purpose, broad language, and narrow exclusions show that the General Assembly intended to divest the Board of Regents of its authority to regulate concealed handgun possession on campus." Because the court based its ruling on the CCA, it did not consider the students' claims under the Colorado Constitution.[17]
- Click here (scroll to page 120) for 2008 General Election Results from the Colorado Secretary of State.
Performance evaluations
The Colorado Office of Judicial Performance Evaluation voted unanimously to recommend Eid for retention in 2008. The COJPE asks a variety of questions to determine the judge's performance and reviews the answers of attorneys and district judges. The score is based on a four-point scale, similar to school grades, where 4 is the highest and 1 is the lowest. Since 1990, which was the first election year after the statutory creation of judicial performance commissions and the use of performance evaluations, all Colorado Supreme Court justices and court of appeals judges standing for retention have been recommended for retention. No justice or judge has received a recommendation for non-retention.[18]
| Question classification | Attorney score | District Judge score | Combined average |
|---|---|---|---|
| Impartiality | 3.6 | 3.7 | 3.65 |
| Clear opinions | 3.6 | 3.7 | 3.65 |
| Adequate explanation of opinion | 3.7 | 3.6 | 3.65 |
| Timely response | 3.3 | 3.6 | 3.45 |
| Response without criticism | 3.7 | 3.8 | 3.75 |
| Response based on law | 3.5 | 3.6 | 3.55 |
| Not ruling on extra issues | 3.7 | 3.6 | 3.65 |
| Respect towards all parties | 3.9 | 3.9 | 3.9 |
| No ex parte communications | 3.9 | 3.9 | 3.9 |
| Overall | 3.56 | 3.71 | 3.64 |
About the court
| Tenth Circuit |
|---|
| Court of Appeals |
|
| Judgeships |
| Posts: 12 |
| Judges: 12 |
| Vacancies: 0 |
| Judges |
| Chief: Jerome Holmes |
| Active judges: Robert Bacharach, Joel Carson, Allison Eid, Richard Federico, Harris Hartz, Jerome Holmes, Scott Matheson, Carolyn McHugh, Nancy Moritz, Gregory Alan Phillips, Veronica Rossman, Timothy Tymkovich Senior judges: |
The United States Court of Appeals for the Tenth 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 Byron White U.S. Courthouse in Denver.
One judge from the Tenth Circuit has served on the Supreme Court of the United States. Neil Gorsuch was appointed to the Supreme Court in 2017 by Donald Trump (R).
The 10th 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 10th Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Sonia Sotomayor is the circuit justice for the 10th Circuit.
The United States Court of Appeals for the 10th Circuit has jurisdiction over the United States district courts in the following federal judicial districts:
- District of Colorado
- District of Kansas
- District of New Mexico
- Eastern District of Oklahoma
- Northern District of Oklahoma
- Western District of Oklahoma
- District of Utah
- District of Wyoming
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
- ↑ United States Congress, "PN 585 — Allison H. Eid — The Judiciary," accessed November 28, 2017
- ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
- ↑ FindLaw, "Trump Revises His Supreme Court Picks," September 26, 2016
- ↑ The Olympian, "Trump spoke with Supreme Court candidates and may meet one in Miami," September 21, 2020
- ↑ 5.0 5.1 5.2 5.3 5.4 Colorado Judicial Branch, "Allison H. Eid," accessed August 10, 2016
- ↑ United States Congress, "PN 585 — Allison H. Eid — The Judiciary," accessed November 28, 2017
- ↑ United States Congress, "PN 585 — Allison H. Eid — The Judiciary," accessed November 28, 2017
- ↑ United States Congress, "PN 585 — Allison H. Eid — The Judiciary," accessed November 28, 2017
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed April 23, 2020
- ↑ National Review, "Who is Allison Eid?" June 7, 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 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Colorado Peak Politics, "SHOUT OUT: Eid Makes Trumps Short List for SCOTUS," accessed May 21, 2016
- ↑ 17.0 17.1 Colorado Supreme Court, Regents of the University of Colorado v. Students for Concealed Carry on Campus Opinion, filed March 5, 2012
- ↑ Email correspondence with Jane B. Howell, Executive Director of the CCJPE, Aug 27, 2010
- ↑ Colorado Office of Judicial Performance Evaluation, Review of Justice Eid
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| Preceded by - |
United States Court of Appeals for the 10th Circuit 2017-Present |
Succeeded by - |
