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Margaret Ryan
Margaret Ryan is an Article I federal judge serving on the United States Court of Appeals for the Armed Forces. She joined the court on December 20, 2006, following a nomination from President George W. Bush (R).[1]
Liam Hardy was nominated by President Donald Trump (R) to replace Ryan on the United States Court of Appeals for the Armed Forces.
Ryan 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. Trump first released such a list during his 2016 presidential campaign and stated, “This list is definitive and I will choose only from it in picking future Justices of the United States Supreme Court.”[2][3]
Early life and education
A native of Chicago, Illinois, Ryan earned her bachelor's degree cum laude from Knox College in 1985 and her J.D. summa cum laude from Notre Dame Law School in 1995. During a portion of her legal studies, she was a member of the Notre Dame Law Review. Judge Ryan also holds an honorary doctor of laws degree (LL.D.) from Pace University.[4]
Military career
A biography of Judge Ryan from Pace University described her military career:[4]
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Ryan served on active duty for the United States Marine Corps from 1987 to 1999. She served in units within the second and third Marine Expeditionary Forces as a staff officer, company commander, platoon commander, and operations officer. Her tours included deployments to the Philippines during a coup attempt and to Saudi Arabia during Desert Shield and Desert Storm. She then served as a judge advocate general (JAG), and as a trial counsel and chief trial counsel in Okinawa, Japan, and Quantico, Virginia. Ryan was then selected by General Charles C. Krulak, commandant of the Marine Corps, to serve as his aide de camp. For her service, Ryan was awarded the Meritorious Service Medal, Navy and Marine Corps Commendation Medals, and the Navy Marine Corps Achievement Medal. [5] |
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Professional career
- 2006 - 2020: Judge, United States Court of Appeals for the Armed Forces
- 2004-2006: Private practice, Washington, D.C.
- 2002-2004: Private practice, Chicago, Ill.
- 2001-2002: Law clerk, Hon. Clarence Thomas, Supreme Court of the United States
- 2000-2001: Law clerk, Hon. J. Michael Luttig, United States Court of Appeals for the 4th Circuit
- 1999-2000: Private practice, Washington, D.C.[4]
Judicial career
United States Court of Appeals for the Armed Forces
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| Nominee Information |
| Name: Margaret Ryan |
| Court: United States Court of Appeals for the Armed Forces |
| Progress |
| Confirmed 24 days after nomination. |
 Nominated: November 15, 2006
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 ABA Rating:
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| Questionnaire: |
| Hearing: December 4, 2006
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| QFRs: (Hover over QFRs to read more) |
| Reported: December 5, 2006
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| Confirmed: December 9, 2006
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| Vote: Voice
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Ryan was nominated to the United States Court of Appeals for the Armed Forces by President George W. Bush (R) on November 15, 2006.[6] Hearings on Ryan's nomination were held in the United States Senate Committee on Armed Services on December 4, 2006. Ryan's nomination was reported by U.S. Senator John Warner (D-Va.), on December 5, 2006. Ryan was confirmed by the full United States Senate by a voice vote on December 9, 2006.[7] Ryan's term expired on July 31, 2021.[1] As of February 14, 2022, she was serving as a senior judge on the court.
Possible Donald Trump nominee to the U.S. Supreme Court
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.[8] On September 26, 2020, President Trump nominated Amy Coney Barrett to fill the vacancy.[9]
Ryan 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
Ryan 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.[10] Trump ultimately chose Brett Kavanaugh as the nominee. Click here to learn more.
2017
On November 17, 2017, Ryan 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,[11]
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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.[5] |
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Noteworthy cases
First Amendment protections clarified for UCMJ speech violations (2008)
- See also: Court of Appeals for the Armed Forces (U.S. v. Wilcox, Nos. 05-0159)
- See also: Court of Appeals for the Armed Forces (U.S. v. Wilcox, Nos. 05-0159)
On July 15, 2008, Judge Margaret Ryan delivered the opinion of the court in the case of U.S. v. Wilcox. In the case, a former private first-class in the U.S. Army, Jeremy Wilcox, appealed a conviction for a violation of Article 134 of the Uniform Code of Military Justice. Article 134 provides for a court-martial for military personnel for "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty."[12]
Wilcox was accused of violating Article 134 in 2000 for allegedly advocating anti-government and disloyal sentiments on the internet while identifying himself as a U.S. paratrooper and for allegedly advocating racial intolerance and racist views on the internet. This conduct was considered to be prejudicial to good order and discipline, in violation of Article 134. At trial, the government introduced testimony from an Army Criminal Investigative Division (CID) agent who communicated with Wilcox online, however "no evidence was introduced as to either the actual or potential adverse impact of Appellant’s online profile or statements on good order and discipline or to the actual or potential discredit to the armed forces."[13]
In her opinion for the court, Judge Ryan stated that Wilcox's speech was protected under the First Amendment and that the government's evidence was insufficient to substantiate the Article 134 charges against Wilcox. Ryan wrote,[13]
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for any offense charged under Article 134, UCMJ, clauses 1 or 2, the government must prove: (1) that the accused did a certain act, and (2) that the act was, under the circumstances, to the prejudice of good order and discipline or was of a nature to bring discredit upon the armed forces. ... In the context of the First Amendment, in order to meet the second element for conduct charged under a 'prejudice of good order and discipline' theory, we have required that the prosecution show a 'reasonably direct and palpable' connection between an appellant’s statements and the military mission. ... This Court has not directly addressed the connection needed between an appellant’s statements and the military mission in the context of speech alleged to be 'service discrediting.' We note that the Government has cited no case in which this Court has upheld a conviction in a contested case based upon a violation of Article 134, UCMJ, for service discrediting speech solely because the speech would be offensive to many or most. We conclude that a direct and palpable connection between speech and the military mission or military environment is also required for an Article 134, UCMJ, offense charged under a service discrediting theory.[5] |
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Under the standard announced by Judge Ryan, for a service member charged under Article 134 for speech discrediting the military to be punished, the government must demonstrate a direct and palpable connection between the speech and the military's mission or environment. Here, Judge Ryan said that such a connection was absent and reversed Wilcox's Article 134 conviction.
See also
External links
Footnotes
- ↑ 1.0 1.1 U.S. Court of Appeals for the Armed Forces, "About the court - judges," accessed December 9, 2020
- ↑ 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
- ↑ 4.0 4.1 4.2 Pace University, "Hon. Margaret A. Ryan - U.S. Court of Appeals for the Armed Forces," accessed May 18, 2016
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The American Presidency Project, "George W. Bush - Nominations sent to the Senate, November 15, 2006," accessed May 18, 2016
- ↑ United States Congress, "PN2183 - Margaret A. Ryan - The Judiciary," accessed May 18, 2016
- ↑ 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
- ↑ U.S. Department of Defense - Sexual Assault Prevention and Response Office, "UCMJ Article 134," accessed August 22, 2017
- ↑ 13.0 13.1 U.S. Court of Appeals for the Armed Forces, United States v. Wilcox, July 15, 2008
| Political offices | ||
|---|---|---|
| Preceded by: H.F. Gierke |
U.S. Court of Appeals for the Armed Forces 2006–2020 |
Succeeded by: Liam Hardy
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| 2001 |
Armijo • Bates • Beistline • Blackburn • Bowdre • Bunning • Bury • Caldwell • Camp • Cassell • Cebull • Clement • Clifton • Crane • Eagan • Engelhardt • Friot • Gibbons • Granade • Gregory • Gritzner • Haddon • Hartz • Heaton • Hicks • Howard • Johnson • Jorgenson • Krieger • Land • Leon • Mahan • Martinez • Martone • McConnell • Melloy • Mills • O'Brien • Parker • Payne • Prost • Reeves • Riley • Robinson • Rogers • Royal • Shedd • B. Smith • L. Smith • Walton • Wooten • Zainey | ||
| 2002 |
Africk • Anderson • Autrey • Baylson • Cercone • Chesler • Clark • Collyer • Conner • Conti • Corrigan • Davis • Davis • Dorr • England • Ericksen • Fuller • Gardner • Godbey • Griesbach • Hanen • Hovland • Hudson • Jones • Jordan • Kinkeade • Klausner • Kugler • Leighton • Linares • Moses • Marra • Martinez • Martini • Mays • McVerry • Phillips • Raggi • Reade • Rose • Rufe • Savage • Schwab • Smith • St. Eve • Walter • White • Wolfson | ||
| 2003 |
Adams • Altonaga • Bea • Benitez • Bennett • Boyle • Brack • Breen • Browning • Burns • Bybee • Callahan • Campbell • Cardone • Carney • Castel • Chertoff • Cohn • Colloton • Conrad • Coogler • Cook • Cooke • Crone • Der-Yeghiayan • Drell • Duffey • Duncan • Erickson • Feuerstein • Figa • Filip • Fischer • Fisher • Flanagan • Floyd • Frost • Gibson • Greer • Gruender • Guirola • Hall • Hardiman • Hayes • Herrera • Hicks • Holmes • Holwell • Hopkins • Houston • Irizarry • Jones • Junell • Karas • Kravitz • Martinez • McKnight • Minaldi • Montalvo • Mosman • Otero • Pickering • Prado • Pratter • Proctor • Quarles • Robart • Roberts • Robinson • Rodgers • Rodriguez • Sabraw • Sanchez • Saylor • Selna • Sharpe • Simon • Springmann • Stanceu • Steele • Stengel • Suko • Sutton • Sykes • Titus • Townes • Tymkovich • Van Antwerpen • Varlan • Wake • Wesley • White • Woodcock • Yeakel | ||
| 2004 |
Alvarez • Benton • Boyko • Covington • Diamond • Harwell • Kelley • Schiavelli • Schneider • Starrett • Watson | ||
| 2005 |
Alito • Barrett • Batten • Bianco • Brown • Burgess • Conrad • Cox • Crotty • Delgado-Colon • Dever • DuBose • Griffin • Griffith • Johnston • Kendall • Larson • Ludington • Mattice • McKeague • Neilson • Owen • Pryor • Roberts • Sandoval • Schiltz • Seabright • Smoak • Van Tatenhove • Vitaliano • Watkins • Zouhary | ||
| 2006 |
Besosa • Bumb • Chagares • Cogan • Gelpi • Golden • Gordon • Gorsuch • Guilford • Hillman • Holmes • Ikuta • D. Jordan • K. Jordan • Kavanaugh • Miller • Moore • Shepherd • Sheridan • Smith • Whitney • Wigenton | ||
| 2007 |
Anderson • Aycock • Bailey • Bryant • Davis • DeGiusti • Dow • Elrod • Fairbank • Fischer • Frizzell • Gutierrez • Hall • Hardiman • Haynes • Howard • Jarvey • Jones • Jonker • Kapala • Kays • Laplante • Limbaugh • Lioi • Livingston • Maloney • Mauskopf • Mendez • Miller • Neff • O'Connor • O'Grady • O'Neill • Osteen • Ozerden • Reidinger • Sammartino • Schroeder • Settle • Smith • Snow • Southwick • Suddaby • Sullivan • Thapar • Tinder • Van Bokkelen • Wood • Wright • Wu | ||
| 2008 |
Agee • Anello • Arguello • Brimmer • Gardephe • Goldberg • Jones • Kethledge • Lawrence • Matsumoto • Melgren • Murphy • Scriven • Seibel • Slomsky • Trenga • Waddoups • White | ||
