Stephanie Thacker
2012 - Present
13
Stephanie Dawn Thacker is a federal judge on the United States Court of Appeals for the 4th Circuit. She joined the court in 2012 after being nominated by President Barack Obama.[1]
Early life and education
A native of Huntington, West Virginia, Thacker received her bachelor's degree from Marshall University in 1987, and her J.D. from West Virginia University School of Law in 1990.[1]
Professional career
- 2006-2012: Attorney in private practice, law firm of Guthrie & Thomas, PLLC, Charleston, W.Va.
- 1999-2006: Child exploitation and obscenity section, U.S. Department of Justice
- 2004-2006: Principal deputy chief of litigation
- 2002-2004: Deputy chief of litigation
- 1999-2002: Trial attorney
- 1994-1999: Assistant U.S. attorney, Southern District of West Virginia
- 1992-1994: Attorney in private practice, law firm of King, Betts & Allen, Charleston, W.Va.
- 1992: Assistant attorney general, environmental division, state of West Virginia
- 1990-1992: Attorney in private practice, law firm of Kirkpatrick & Lockhart, Pittsburgh, Pa.[1][2]
Judicial career
Fourth Circuit Court of Appeals
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| Nominee Information |
| Name: Stephanie Dawn Thacker |
| Court: United States Court of Appeals for the 4th Circuit |
| Progress |
| Confirmed 221 days after nomination. |
 Nominated: September 8, 2011
|
| ABA Rating: Substantial Majority Well Qualified, Minority Qualified
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| Questionnaire: Questionnaire |
| Hearing: October 4, 2011
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| Hearing Transcript: Hearing Transcript |
| QFRs: (Hover over QFRs to read more) |
| Reported: November 3, 2011
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| Confirmed: April 16, 2012
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| Vote: 91-3
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On September 8, 2011, Thacker was nominated to the United States Court of Appeals for the 4th Circuit by President Barack Obama to a seat vacated by Judge Blane Michael.[3] Obama commented on the appointment stating, "Stephanie Dawn Thacker has displayed exceptional dedication to the legal profession through her work and I am honored to nominate her to serve the American people as a judge on the United States Court of Appeals. She will be a diligent, judicious and esteemed addition to the Fourth Circuit bench."[2]
The American Bar Association rated Thacker Substantial Majority Well Qualified, Minority Qualified for the nomination.[4] Hearings on Thacker's nomination were held before the United States Senate Committee on the Judiciary on October 4, 2011, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on November 3, 2011. Thacker was confirmed on a recorded 91-3 vote of the U.S. Senate on April 16, 2012, and she received her commission on April 17, 2012.[1][5]
Noteworthy cases
Fourth Circuit holds 40-foot cross on public property violates First Amendment (2017)
On October 18, 2017, a three-judge panel of the Fourth Circuit overturned a lower court judgment in American Humanist Association v. Maryland-National Capital Park and Planning Commission. The case centered on a 40-foot tall Latin cross displayed on public property in Prince George’s County, Maryland, in memory of soldiers who died in World War I. A federal district court held that the cross did not violate the First Amendment, but the circuit panel, in an opinion by Judge Stephanie Thacker, reversed the lower court decision. The panel held that the cross had “the primary effect of endorsing religion and excessively entangles the government in religion.” An appeal to the U.S. Supreme Court was expected.[6]
Occupy Columbia may file suit against state officials (2013)
- See also: United States Court of Appeals for the 4th Circuit (Occupy Columbia, et al v. Haley, et al, 13-1258)
- See also: United States Court of Appeals for the 4th Circuit (Occupy Columbia, et al v. Haley, et al, 13-1258)
On December 16, 2013, a three-judge panel of the Fourth Circuit, composed of Chief Judge William Traxler and Judges Stephanie Thacker and Robert King, found that members of Occupy Columbia who were arrested in November 2011 for alleged violations of state curfew could file suit against various state officials.[7][8]
In the underlying case, then-South Carolina Governor Nikki Haley (R) enforced a curfew restriction against members of Occupy Columbia, a group that initiated 24-hour per day protests on the grounds of the State House for one month's time. On November 16, 2011, Governor Haley directed police officers to remove Occupy Columbia members who remained on the grounds after 6:00 p.m. Nineteen protestors were arrested on that day, and 14 of them later filed suit alongside Occupy Columbia with claims their First Amendment rights were violated. The plaintiffs sought injunctive relief and damages. The government officials filed a motion to dismiss, which the district trial court granted in part and denied in part, rejecting the government's claims of qualified immunity.[7][8]
Judge Thacker, writing for the majority, affirmed the lower court's decision, noting that because the protestors alleged a clear violation of their constitutional rights, a qualified immunity defense would not stand. Thacker further stated:
| “ | It is not disputed that South Carolina and its state officials could have restricted the time when the State House grounds are open to the public with a valid time, place, and manner restriction. However, ... at the time of Occupy Columbia’s arrest, no such restrictions existed.[7][8][9] | ” |
See also
External links
- Judge Thacker's biography from the Federal Judicial Center
- Judge Thacker's biography from the Fourth Circuit's website
- White House Office of the Press Secretary, "Press Release: President Obama Nominates Stephanie Dawn Thacker to Serve on US Circuit Court of Appeals," September 8, 2011
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biographical directory of federal judges," accessed June 16, 2016
- ↑ 2.0 2.1 The White House, "Press Release: President Obama Nominates Stephanie Dawn Thacker to Serve on US Circuit Court of Appeals," September 8, 2011
- ↑ The White House, "Press Release: Presidential nominations sent to the Senate," September 8, 2011
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 112th Congress," accessed June 16, 2016
- ↑ United States Congress, "PN 919 — Stephanie Dawn Thacker — The Judiciary," accessed June 16, 2016
- ↑ U.S. Court of Appeals for the Fourth Circuit, American Humanist Association v. Maryland-National Capital Park and Planning Commission et al., October 18, 2017
- ↑ 7.0 7.1 7.2 The State, "Court: Gov. Nikki Haley, SC officials can be sued for Occupy arrests," December 16, 2013
- ↑ 8.0 8.1 8.2 National Law Journal, "Fourth Circuit Green-Lights Suit Over Occupy Arrests," December 16, 2013
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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United States Court of Appeals for the 4th Circuit 2012-Present |
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