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Katherine Forrest

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Katherine Forrest

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Prior offices
United States District Court for the Southern District of New York
Successor: Dale Ho

Education

Bachelor's

Wesleyan University, 1986

Law

New York University Law, 1990

Personal
Birthplace
New York, N.Y.


Katherine Forrest was a federal judge for the United States District Court for the Southern District of New York from 2011 to 2018. President Barack Obama (D) nominated her to the court in 2011. She stepped down September 11, 2018, to rejoin a law firm.[1][2]

Education

Forrest received a bachelor's from Wesleyan University in 1986 and a J.D. from the New York University School of Law in 1990.[1][3]

Judicial career

Southern District of New York

Nomination Tracker
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Nominee Information
Name: Katherine Forrest
Court: Southern District of New York
Progress
Confirmed 162 days after nomination.
ApprovedANominated: May 4, 2011
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: June 8, 2011
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: July 14, 2011 
ApprovedAConfirmed: October 13, 2011
ApprovedAVote: Voice vote

On May 4, 2011, President Obama nominated Katherine Forrest to the United States District Court for the Southern District of New York. She succeeded Judge Jed Rakoff.[4]

Obama told the press:

These individuals have demonstrated the talent, expertise, and fair-mindedness Americans expect and deserve from their judicial system. I am grateful for their willingness to serve and confident that they will apply the law with the utmost impartiality and integrity.[3][5]

Forrest's committee hearing was June 8, 2011. The committee recommended her to the Senate as a whole on July 14, 2011. You can find her Committee Questionnaire available here and her Questions for the Record available here.[6]

Forrest was confirmed by a voice vote October 13, 2011.[7]

She resigned September 11, 2018, to return to private practice.[2]

Noteworthy cases

National Defense Authorization Act case (2012)

See also: United States District Court for the Southern District of New York (Hedges et al v. Obama et al, 12 Civ. 331)

On September 12, 2012, Judge Forrest stuck down a section of the National Defense Authorization Act for 2012 that would have allowed the government to indefinitely detain a "person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces."[8] Forrest ruled the law unconstitutional for violating First Amendment rights to free speech. In May of 2012, she had ordered a temporary injunction against the law; this was her final ruling.

In her 112-page opinion, Forrest explained:

First Amendment rights are guaranteed by the Constitution and cannot be legislated away. This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.[9][5]

The judge explained that the law does not specifically define what it means for a person to have "substantially supported" terrorist groups and that, legally, the support of such groups could not justify the detention of a citizen.[9] She noted that, though the executive branch was responsible for national security, the courts were responsible for guarding against such infringements of Constitutional rights.

The plaintiffs' lawyer, Bruce Afran, called the law "a very extraordinary attempt by the government to provide punishment for speech."[9] The U.S. Attorney's office had no comment.[9][10]

See also

External links

Footnotes

Political offices
Preceded by:
Jed Rakoff
Southern District of New York
2011–2018
Succeeded by:
NA