Carolyn Lerner

Court of Federal Claims
	Federal Circuit
Judgeships
	Posts: 16
	Judges: 16
	Vacancies: 0
Judges
	Chief: Elaine Kaplan
	Active judges: Armando Omar Bonilla, Kathryn Davis, Thompson Michael Dietz, Philip Hadji, Richard Hertling, Ryan Holte, Elaine Kaplan, Carolyn Lerner, Robin M. Meriweather, Edward Meyers, Eleni Roumel, Stephen Schwartz, Molly Silfen, Matthew Solomson, Zachary Somers, David A. Tapp; Senior judges:; Susan G. Braden, Eric G. Bruggink, Lynn J. Bush, Edward J. Damich, Nancy B. Firestone, Robert H. Hodges Jr., Marian Blank Horn, Charles F. Lettow, Loren A. Smith, Margaret M. Sweeney, Thomas C. Wheeler, John Paul Wiese, Mary Ellen Coster Williams, Victor J. Wolski

Nomination Tracker
Nominee Information
	Name: Carolyn Lerner
	Court: United States Court of Federal Claims
Progress
	Confirmed 158 days after nomination.
	Nominated: July 13, 2021
	ABA Rating: N/A
	Questionnaire: Questionnaire
	Hearing: October 6, 2021
	Hearing Transcript: Hearing Transcript
	QFRs: (Hover over QFRs to read more)
	Reported: October 28, 2021
	Confirmed: December 18, 2021
	Vote: Voice vote

Carolyn Lerner is a judge on the United States Court of Federal Claims. She was nominated to the court by President Joe Biden (D) on July 13, 2021, and confirmed by the United States Senate on December 18, 2021, by voice vote.^[1] To see a full list of judges appointed by Joe Biden, click here.

The United States Court of Federal Claims is an Article I tribunal, a federal court organized under Article I of the United States Constitution. To learn more about the court, click here.

Prior to her nomination, Lerner was the chief circuit mediator with the U.S. Courts of the D.C. Circuit.^[2]

Judicial nominations and appointments

United States Court of Federal Claims (2022-present)

See also: Federal judges nominated by Joe Biden

On July 13, 2021, President Joe Biden (D) nominated Lerner to the United States Court of Federal Claims. The U.S. Senate confirmed Lerner by voice vote on December 18, 2021.^[1] Lerner received commission on February 18, 2022. To read more about the federal nominations process, click here.

Confirmation vote

The U.S. Senate confirmed Lerner on December 18, 2021, by voice vote.^[1]

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Lerner's nomination on October 6, 2021. The committee voted to advance Lerner's nomination to the full Senate on October 28, 2021. .

Nomination

On June 30, 2021, President Joe Biden (D) announced his intent to nominate Lerner to the United States Court of Federal Claims.^[2] The president officially nominated Lerner on July 13, 2021.^[1]

Lerner was nominated to replace Judge Margaret M. Sweeney, who assumed senior status on October 23, 2020.^[3]

Biography

Education

Lerner earned a bachelor's degree from the Honors College at the University of Michigan in 1986. She earned a J.D. from New York University Law School in 1989, where she was a Root-Tilden Scholar.^[2]

Professional career

2022-present: Judge, United States Court of Federal Claims
2017-2021: Chief circuit mediator, U.S. Courts of the D.C. Circuit
2011-2017: Special Counsel, U.S. Office of Special Counsel
1997-2011: Founding partner, Heller, Huron, Chertkof, Lerner, Simon & Salzman
2003-2005: Special Inspector, Office of Special Inspector, D.C. Department of Corrections
1991-1996: Litigation attorney, Kator, Scott, Heller & Huron
Adjunct law professor, Georgetown University Law Center
Adjunct law professor, George Washington University Law School
Law clerk, Chief Judge Julian Abele Cook, Jr., United States District Court for the Eastern District of Michigan^[2]

About the court

The United States Court of Federal Claims is a United States federal court that hears claims against the U.S. government. It was created in 1982 as an Article I tribunal.

Judgments of the court may be appealed to the Federal Circuit.

The court has jurisdiction over claims across the United States for over $10,000 and congruent jurisdiction with the United States District Courts on claims under $10,000.^[4]

The court has original jurisdiction over all money claims against the federal government based in federal statute, executive order or contract. This jurisdiction also includes bid protests and vaccine compensations. The approximate breakdown of the cases by jurisdiction includes:

Tax Refund Suits ~ 25%
Contract Claims ~ 33%
Fifth Amendment takings ~ 10%

The rest constitute other varieties of claims.^[4]

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.