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James Cain, Jr.

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James D. Cain, Jr.
Image of James D. Cain, Jr.
United States District Court for the Western District of Louisiana
Tenure

2019 - Present

Years in position

6

Education

Bachelor's

McNeese State University, 1990

Law

Southern University Law Center, 1993

Personal
Birthplace
DeRidder, La.
Contact

James David Cain, Jr. is a judge on the United States District Court for the Western District of Louisiana. On August 28, 2018, President Donald Trump (R) nominated Cain to a seat on this court.[1] The U.S. Senate confirmed Cain on June 19, 2019, by a vote of 77-21.[2] He received commission on June 25, 2019.[3] To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the Western District of Louisiana 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 court, click here.

Cain was a founding member and partner of the law firm Loftin, Cain & LeBlanc, LLC, in Lake Charles, Louisiana, from 2007 to 2019.[4]

Judicial nominations and appointments

U.S. District Court for the Western District of Louisiana (2019-present)

See also: Federal judges nominated by Donald Trump

Cain was nominated by President Donald Trump (R) on August 28, 2018, to a seat on the United States District Court for the Western District of Louisiana. The U.S. Senate confirmed Cain on June 19, 2019, by a vote of 77-21.[1][2] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: James Cain, Jr.
Court: United States District Court for the Western District of Louisiana
Progress
Confirmed 295 days after nomination.
ApprovedANominated: August 28, 2018
ApprovedAABA Rating: Substantial majority well qualified / Minority qualified
Questionnaire: Questionnaire
ApprovedAHearing: November 13, 2018
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 7, 2019 
ApprovedAConfirmed: June 19, 2019
ApprovedAVote: 77-21


Confirmation vote

The U.S. Senate confirmed Cain on June 19, 2019, on a vote of 77-21.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Cain confirmation vote (June 19, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 23 20 2
Ends.png Republican 53 0 0
Grey.png Independent 1 1 0
Total 77 21 2
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Cain was 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.[5]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[6]

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.[7] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Cain's nomination on November 13, 2018.[8]

The Senate Judiciary Committee favorably reported Cain's nomination on February 7, 2019.[9] Click here to see how the committee voted. Cain's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.


Nomination

On August 27, 2018, President Donald Trump (R) announced that he would nominate Cain to a seat on the U.S. District Court for the Western District of Louisiana[10] The U.S. Senate received the nomination on August 28, 2018.[1]

Cain was nominated to succeed Judge Patricia Minaldi, who retired on July 31, 2017.[1]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Cain's nomination to President Trump.[11] Cain was one of 51 individuals the president re-nominated on January 23, 2019.[12]

The American Bar Association rated Cain well qualified by a substantial majority and qualified by a minority for the position.[13] To read more about ABA ratings, click here.

Early life and education

Cain was born in DeRidder, Louisiana, in 1964. He earned a B.S. from McNeese State University in 1990 and a J.D., cum laude, from Southern University Law Center in Baton Rouge, Louisiana, in 1993.[4][10]

Professional career

About the court

Western District of Louisiana
Fifth Circuit
LA-WD Seal.gif
Judgeships
Posts: 7
Judges: 6
Vacancies: 1
Judges
Chief: Terry A. Doughty
Active judges: James D. Cain, Jr., Terry A. Doughty, Jerry Edwards Jr., Maurice Hicks, David C. Joseph, Robert Summerhays

Senior judges:
Dee Drell, Elizabeth Erny Foote, Robert James, Tucker Melancon, James Trimble, Donald Walter


The United States District Court for the Western District of Louisiana is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fifth Circuit, based in New Orleans, at the John Minor Wisdom Federal Courthouse.

The Parishes of the Western District of Louisiana (click for larger map)

The Western District of Louisiana has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The geographic jurisdiction of the Western District of Louisiana consists of all the following parishes in the western part of the state of Louisiana.[14]

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

  1. 1.0 1.1 1.2 1.3 Congress.gov, "PN2472 — James David Cain Jr. — The Judiciary," accessed June 20, 2019
  2. 2.0 2.1 2.2 Congress.gov, "PN225 — James David Cain Jr. — The Judiciary," accessed June 20, 2019
  3. Federal Judicial Center, "Cain, James David, Jr.," accessed June 27, 2019
  4. 4.0 4.1 4.2 Senate Judiciary Committee, "Questionnaire for judicial nominees: James David Cain, Jr.," accessed June 20, 2019
  5. The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  6. Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  7. NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  8. Committee on the Judiciary, "Nominations," November 13, 2018
  9. U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
  10. 10.0 10.1 10.2 The White House, "President Donald J. Trump Announces Seventeenth Wave of Judicial Nominees," August 27, 2018
  11. 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
  12. WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
  13. American Bar Association, "Ratings of Article III and Article IV Judicial Nominees: 116th Congress," accessed March 7, 2019
  14. Legal Information Institute, "28 U.S.C. § 98(a) - Louisiana," accessed April 24, 2014

Political offices
Preceded by
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United States District Court for the Western District of Louisiana
2019-Present
Succeeded by
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