Andrew Brasher
2020 - Present
5
Andrew L. Brasher 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 November 21, 2019, and confirmed by the United States Senate on February 11, 2020, by a vote of 52-43.[1][2] To see a full list of judges appointed by Donald Trump, click here.
Brasher was a judge on the United States District Court for the Middle District of Alabama. He was nominated by President Trump on April 10, 2018, and confirmed by the U.S. Senate on May 1, 2019, by a 52-47 vote.[3][4]
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.
The United States District Court for the Middle District of Alabama is one of 94 U.S. district courts. They are the general trial courts of the United States federal courts. To learn more about the courts, click here.
Judicial nominations and appointments
U.S. Court of Appeals for the 11th Circuit (2020-present)
- See also: Federal judges nominated by Donald Trump
On November 21, 2019, President Donald Trump (R) nominated Brasher to a seat on the United States Court of Appeals for the 11th Circuit. He was confirmed by a 52-43 vote of the U.S. Senate on February 11, 2020.[1][2] Brasher received commission on June 30, 2020.[5] To read more about the federal nominations process, click here.
 |
| Nominee Information |
| Name: Andrew Brasher |
| Court: United States Court of Appeals for the 11th Circuit |
| Progress |
| Confirmed 82 days after nomination. |
 Nominated: November 21, 2019
|
| ABA Rating: Unanimously well qualified
|
| Questionnaire: Questionnaire |
| Hearing: December 4, 2019
|
| QFRs: (Hover over QFRs to read more) |
| Reported: January 16, 2020
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| Confirmed: February 11, 2020
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| Vote: 52-43
|
Confirmation vote
The U.S. Senate confirmed Brasher on February 11, 2020, on a vote of 52-43.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Brasher confirmation vote (February 11, 2020) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
0 | 42 | 3 | ||||||
 Republican |
52 | 0 | 1 | ||||||
 Independent |
0 | 1 | 1 | ||||||
| Total | 52 | 43 | 5 | ||||||
Senate Judiciary Committee hearing
The Senate Judiciary Committee held a hearing on Brasher's nomination on December 4, 2019.[6] Brasher was reported to the full Senate on January 16, 2020, after a 12-10 committee vote.[7]
Nomination
On November 6, 2019, President Donald Trump (R) announced his intent to nominate Brasher to a seat on the United States Court of Appeals for the 11th Circuit.[8] The president officially nominated Brasher on November 21.[1]
The nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2020.[9] The president officially renominated Brasher the same day.[2]
Brasher was nominated to replace Judge Ed Carnes.
The American Bar Association unanimously rated Brasher well qualified for the position.[10] To read more about ABA ratings, click here.
U.S. District Court for the Middle District of Alabama (2019-2020)
- See also: Federal judges nominated by Donald Trump
President Donald Trump (R) nominated Brasher to serve on the Middle District of Alabama on April 10, 2018.[3] The U.S. Senate confirmed Brasher on May 1, 2019, by a 52-47 vote.[4] He received commission on May 3, 2019.[11] Brasher left the Middle District of Alabama after being elevated to the 11th Circuit Court of Appeals. To read more about the federal nominations process, click here.
Confirmation vote
The U.S. Senate confirmed Brasher on May 1, 2019, on a vote of 52-47.[4] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Brasher confirmation vote (May 1, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
| Democratic |
0 | 45 | 0 | ||||||
| Republican |
52 | 0 | 1 | ||||||
| Independent |
0 | 2 | 0 | ||||||
| Total | 52 | 47 | 1 | ||||||
Opposition from home-state senator
- See also: Blue slip (federal judicial nominations)
Sen. Doug Jones (D-Ala.) voted against Brasher's confirmation. Sen. Richard Shelby (R-Ala.) voted in favor of the confirmation.[12] Shelby said of Brasher, "His judicial temperament and vast legal experience make him well-suited to assume this new role."[13]
Change in Senate rules
Brasher was the seventh judge to be confirmed to a U.S. District Court under a new precedent the Senate established.
On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[14]
The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[15]
It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[16] For more, see Filibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
Brasher appeared before the Senate Judiciary Committee in a hearing on June 6, 2018.[17] His nomination was reported out of committee by an 11-10 vote on June 28, 2018.[18]
The Senate Judiciary Committee favorably reported Brasher's nomination on February 7, 2019.[19] Click here to see how the committee voted. Brasher's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.
Click here to access Brasher's Senate Judiciary Committee questionnaire.
Nomination
Brasher was nominated to succeed Judge Mark Fuller, who resigned on August 1, 2015.[4]
At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Brasher's nomination to President Trump.[20] Brasher was one of 51 individuals the president re-nominated on January 23, 2019.[21]
The American Bar Association rated Brasher qualified by a substantial majority and well qualified by the minority.[22] To read more about ABA ratings, click here.
Education
Brasher received his B.A., summa cum laude, from Samford University in 2002 and his J.D., cum laude, from Harvard Law School in 2006. Brasher was a member of the Harvard Law Review from 2004 to 2006.[3][23]
Professional career
- 2020-present: Judge, United States Court of Appeals for the 11th Circuit
- 2019-2020: Judge, U.S. District Court for the Middle District of Alabama
- 2011-2019: Office of the Attorney General of Alabama
- 2014-2019: Solicitor general
- 2011-2014: Deputy solicitor general
- 2007-2011: Associate, Bradley Arant Boult Cummings LLP
- 2006-2007: Law clerk to Judge William Pryor on the United States Court of Appeals for the 11th Circuit[23]
Awards and associations
Awards
- 2014-2015, 2013-2014, 2011-2012: Best brief award, National Association of Attorneys General[23]
Associations
- 2013-2017: Member, Alabama State Bar Association
- 2008-2014: Member, American Bar Association
- 2008-2011: Member, Birmingham Bar Association
- 2007-2011: Member, Defense Research Institute
- 2009-2010: Young Lawyer Liaison, Government Enforcement and Corporate Compliance Committee
- 2008-present, 2003-2006: Member, Federalist Society[23]
About the court
11th Circuit Court of Appeals
| 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: |
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.
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.
Middle District of Alabama
| Middle District of Alabama |
|---|
| Eleventh Circuit |
|
| Judgeships |
| Posts: 3 |
| Judges: 2 |
| Vacancies: 1 |
| Judges |
| Chief: Emily Coody Marks |
| Active judges: R. Austin Huffaker Jr., Emily Coody Marks Senior judges: |
The United States District Court for the Middle District of Alabama is one of 94 United States district courts. The district operates out of courthouses in Montgomery, Dothan, and Opelika. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eleventh Circuit based in downtown Atlanta at the Elbert P. Tuttle Federal Courthouse.
The Middle District of Alabama has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
There are three court divisions. Click here to access a list of the divisions and the counties they cover.
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
- United States District Court for the Middle District of Alabama
- United States Court of Appeals for the 11th Circuit
- Federal judges nominated by Donald Trump
- Current federal judicial vacancies
External links
- Search Google News for this topic
- Biography from the Federal Judicial Center
- LinkedIn profile
- United States District Court for the Middle District of Alabama
- United States Court of Appeals for the 11th Circuit
Footnotes
- ↑ 1.0 1.1 1.2 Congress.gov, "PN1297 — Andrew Lynn Brasher — The Judiciary," accessed November 22, 2019
- ↑ 2.0 2.1 2.2 2.3 Congress.gov, "PN1325 — Andrew Lynn Brasher — The Judiciary," accessed January 10, 2020
- ↑ 3.0 3.1 3.2 White House, "President Donald J. Trump Announces Twelfth Wave of Judicial Nominees, Twelfth Wave of United States Attorneys, and Sixth Wave of United States Marshals," April 10, 2018
- ↑ 4.0 4.1 4.2 4.3 Congress.gov, "PN223 — Andrew Lynn Brasher — The Judiciary," accessed May 2, 2019
- ↑ Federal Judicial Center, "Brasher, Andrew Lynn," accessed July 7, 2020
- ↑ Senate Judiciary Committee, "Nominations," December 4, 2019
- ↑ Senate Judiciary Committee, "Results of the Executive Business Meeting," January 16, 2020
- ↑ WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees," November 6, 2019
- ↑ Congress.gov, "PN1297 — Andrew Lynn Brasher — The Judiciary," accessed January 10, 2020
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 116th Congress," accessed December 4, 2019
- ↑ Federal Judicial Center, "Brasher, Andrew Lynn," accessed May 6, 2019
- ↑ United States Senate, "Vote Summary On the Nomination (Confirmation Andrew Lynn Brasher, of Alabama, to be U.S. District Judge for the Middle District of Alabama)," May 1, 2019
- ↑ Yellow Hammer, "Alabama’s Andrew Brasher confirmed as federal judge," May 1, 2019
- ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
- ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
- ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
- ↑ Congress.gov, "PN1807 — Andrew Lynn Brasher — The Judiciary," accessed May 2, 2019
- ↑ Senate Judiciary Committee, "Results of the Executive Business Meeting," June 28, 2018
- ↑ U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
- ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
- ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 116th Congress," accessed May 2, 2019
- ↑ 23.0 23.1 23.2 23.3 Senate Judiciary Committee, "Questionnaire for judicial nominees: Andrew Lynn Brasher," accessed May 2, 2019
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the 11th Circuit 2020-Present |
Succeeded by - |
| Preceded by - |
United States District Court for the Middle District of Alabama 2019-2020 |
Succeeded by - |
| |||
|---|---|---|---|
| Active judges |
Chief Judge: William Pryor • Adalberto Jordan • Barbara Lagoa • Robin Rosenbaum • Jill Pryor • Elizabeth Branch • Robert J. Luck • Britt Grant • Kevin Newsom • Andrew Brasher • Embry Kidd • Nancy Gbana Abudu | ||
| Senior judges |
Stanley Marcus • Julie Carnes • Robert Lanier Anderson • Gerald Tjoflat • James Edmondson (Federal judge) • Joel Dubina • Susan Black (Eleventh Circuit) • Frank Hull • Charles Wilson (Florida) • Edward Carnes • | ||
| Former judges | Beverly Martin • Peter Fay • John Godbold • Phyllis Kravitch • Joseph Hatchett • Albert Henderson • Paul Roney • David Dyer • Elbert Tuttle • Thomas Clark (Eleventh Circuit) • Richard Rives • Robert Vance • Lewis Morgan • Emmett Cox • Stanley Birch • Rosemary Barkett • James Hill (Federal judge) • Warren Leroy Jones • John Bryan Simpson • Frank M. Johnson, Jr. • | ||
| Former Chief judges |
John Godbold • Robert Lanier Anderson • Gerald Tjoflat • Joseph Hatchett • James Edmondson (Federal judge) • Paul Roney • Joel Dubina • Edward Carnes • | ||
| |||
|---|---|---|---|
| Active judges | |||
| Senior judges |
William Albritton • William Watkins (Alabama) • Myron Thompson • | ||
| Magistrate judges | Susan Walker • Charles Coody • Stephen Doyle • Jerusha Adams • Kelly Pate • | ||
| Former Article III judges |
Mark Fuller • Truman McGill Hobbs Sr. (Alabama federal district court judge) • William Crawford (Alabama) • John Gayle • William Giles Jones • Richard Busteed • George Washington Lane • John Bruce • Joel Dubina • Thomas Goode Jones (Alabama) • Henry De Lamar Clayton • Charles Brents Kennamer • Ira De Ment • Thomas Pittman • Robert Varner • Frank M. Johnson, Jr. • Andrew Brasher • | ||
| Former Chief judges |
Mark Fuller • Truman McGill Hobbs Sr. (Alabama federal district court judge) • William Albritton • Myron Thompson • Robert Varner • Frank M. Johnson, Jr. • | ||
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama • U.S. Bankruptcy Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama
State courts:
Alabama Supreme Court • Alabama Court of Civil Appeals • Alabama Court of Criminal Appeals • Alabama Circuit Courts • Alabama District Courts • Alabama Juvenile Courts • Alabama Municipal Courts • Alabama Probate Courts • Alabama Small Claims Courts
State resources:
Courts in Alabama • Alabama judicial elections • Judicial selection in Alabama
