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Eunice C. Lee

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Eunice C. Lee
Judge of the United States Court of Appeals for the Second Circuit
Incumbent
Assumed office
August 16, 2021
Appointed byJoe Biden
Preceded byRobert Katzmann
Personal details
Born1970 (age 53–54)
Wiesbaden, West Germany (now Germany)
EducationOhio State University (BA)
Yale University (JD)

Eunice Cheryl Lee (born 1970)[1] is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Second Circuit. Born in West Germany, she attended Ohio State University and Yale Law School. In 2021, she was confirmed by the U.S. Senate to serve on the Second Circuit after being nominated by President Joe Biden.[2]

Early life and education

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Lee was born on a United States Air Force base in Wiesbaden, Germany.[3] She graduated from Ohio State University in 1993 with a Bachelor of Arts degree, summa cum laude. She then attended Yale Law School, graduating in 1996 with a Juris Doctor.[4]

Career

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Lee began her legal career as a law clerk for Judge Susan J. Dlott on the United States District Court for the Southern District of Ohio from 1996 to 1997, and Judge Eric L. Clay on the United States Court of Appeals for the Sixth Circuit from 1997 to 1998.

From 1998 to 2019, Lee worked with the Office of the Appellate Defender in New York City; from 2003 to 2019 she also served as director of recruitment and outreach at the Office of the Appellate Defender. She joined the office as a staff attorney and was named supervising attorney in 2001. She served as an adjunct assistant professor of clinical law at New York University School of Law from 2003 to 2019, teaching a criminal appellate defense clinic.[4] On January 26, 2022, it was speculated by some media outlets that Lee would be considered by Joe Biden as a nominee to replace Stephen Breyer on the U.S. Supreme Court. Biden ultimately chose U.S. Court of Appeals judge Ketanji Brown Jackson.[5]

Federal judicial service

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Lee during the U.S. Senate Judiciary Committee hearing

On May 12, 2021, President Joe Biden nominated Lee to serve as a United States circuit judge for the Second Circuit to the seat vacated by Judge Robert Katzmann, who assumed senior status on January 21, 2021.[6] On June 9, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[7] During her confirmation hearing, she distanced herself from the contents of a letter she wrote as an Ohio State undergrad in 1991, which talks about Thomas being a "black conservative."[8] On July 15, 2021, her nomination was reported out of committee by an 11–10 vote, with Senator Lindsey Graham passing on the vote.[9] On August 3, 2021, Majority Leader Chuck Schumer filed cloture on her nomination.[10] On August 5, 2021, the Senate invoked cloture on her nomination by a 50–49 vote.[11] On August 7, 2021, her nomination was confirmed by a 50–47 vote.[12][13][14] Upon confirmation, Lee became the longest-serving public defender to ever serve as a judge on a U.S. Court of Appeals. She is the second African American woman ever to serve on the Second Circuit and was the only judge with experience as a federal defender serving on that circuit court until the confirmation of Sarah A. L. Merriam.[15] She received her commission on August 16, 2021.[16]

Notable rulings

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In 2021, New York City school administrators and teachers filed suit to halt the vaccine mandate that was implemented due to the COVID-19 pandemic. Lee was part of a panel that ruled the vaccine mandate did not violate the First Amendment. The case was remanded, as the panel's opinion stated the city's mandate was likely unconstitutional.[17][18]

In 2022, Lee was part of a panel that ruled in Bruce Katz, M.D., P.C. v. Focus Forward. This was a consumer protection case involving unsolicited advertisement under the Telephone Consumer Protection Act.[19][20][21]

See also

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References

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  1. ^ "United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Eunice Cheryl Lee" (PDF).
  2. ^ "Historic judicial nominees roll alongside infrastructure bill". Roll Call. 2021-08-05. Retrieved 2022-01-28.
  3. ^ "Who Is Eunice Lee?". National Review. 2021-06-09. Retrieved 2021-06-13.
  4. ^ a b "President Biden Announces Third Slate of Judicial Nominees". The White House. May 12, 2021.
  5. ^ Ariane de Vogue and Tierney Sneed (26 January 2022). "Biden said he'd put a Black woman on the Supreme Court. Here's who he may pick to replace Breyer". CNN.
  6. ^ "Nominations Sent to the Senate". The White House. May 12, 2021.
  7. ^ "Nominations | United States Senate Committee on the Judiciary". www.judiciary.senate.gov. 9 June 2021.
  8. ^ Rowan, Nicholas (June 11, 2021). "Biden judicial nominee criticized Clarence Thomas for being a 'black conservative'". news.yahoo.com. Retrieved June 11, 2021.
  9. ^ "Results of Executive Business Meeting – July 15, 2021" (PDF). Senate Judiciary Committee. July 15, 2021. Retrieved November 25, 2022.
  10. ^ "PN569 — Eunice C. Lee — The Judiciary". Congress.gov. Retrieved 2023-07-01.
  11. ^ "On the Cloture Motion (Motion to Invoke Cloture: Eunice C. Lee to be U.S. Circuit Judge for the Second Circuit)". United States Senate. August 5, 2021. Retrieved August 5, 2021.
  12. ^ "On the Nomination (Confirmation: Eunice C. Lee, of New York, to be U.S. Circuit Judge for the Second Circuit)". United States Senate. August 7, 2021. Retrieved August 7, 2021.
  13. ^ Wester, Jane (7 August 2021). "US Senate Confirms Longtime Public Defender Eunice Lee to 2nd Circuit Court of Appeals". New York Law Journal. Retrieved 7 August 2021.
  14. ^ "Eunice C. Lee Confirmed to the Second Circuit". 9 August 2021.
  15. ^ McParland, Tom (May 12, 2021). "Meet Eunice Lee, First Federal Defender Tapped to Serve as 2nd Circuit Judge". New York Law Journal. Retrieved June 22, 2021.
  16. ^ Eunice C. Lee at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  17. ^ "NYC Teachers' Religious Challenge to Vaccine Mandate Revived". Retrieved November 29, 2021.
  18. ^ "Kane v. De Blasio, No. 21-2678". Retrieved November 28, 2021.
  19. ^ "Bruce Katz, M.D., P.C. v. Focus Forward". Retrieved January 6, 2022.
  20. ^ "2nd Circ. Rips 3rd Circ. Over Faxed Survey TCPA Ruling". Retrieved January 6, 2022.
  21. ^ "Bruce Katz, M.D., P.C., v. Focus Forward, LLC, No. 21-1224". Retrieved January 6, 2022.
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Legal offices
Preceded by Judge of the United States Court of Appeals for the Second Circuit
2021–present 		Incumbent
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