Federal Practice Section

This section was formed in 2005 to serve the needs of Tennessee attorneys whose primary practice is in the federal courts. Its purpose is to further the knowledge of its members and to act as an advocate for those attorneys.

Chair
Baker, Donelson, Bearman, Caldwell...
P O Box 3038
Johnson City, TN 37604
(423)928-0181
Immediate Past Chair
Burch, Porter & Johnson PLLC
130 N. Court Ave
Memphis, TN 38103
(901)524-5000

Opinion: Public Suffers When Judgeships are Vacant

Americans who use the federal courts to resolve their cases are the ones hurt most by dozens of vacancies on the federal bench, Gavel Grab writes. Quoting heavily from an editorial that first appeared in the Bryan (Texas) Eagle, Gavel Grab points to 10 federal judgeships in Texas that have been vacant for an average of almost two years, and calls the situation “unacceptable.” The piece goes on to point out that there are 85 district court vacancies around the country, but only 48 nominees have been named to fill those posts. The editorial blames both the Obama Administration -- for not nominating more individuals -- and key senators -- for delaying votes on those who have been nominated.

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Court Passes on Range of Controversial Appeals

The U.S. Supreme Court today declined to enter the controversy over businesses refusing to serve gay and lesbian customers, Scotusblog reports, turning aside an appeal from the owners of a photography studio who had refused to work with a lesbian couple. The decision leaves intact an appellate court ruling that the studio violated state law prohibiting discrimination. In other significant denials, the court refused to hear a case upholding a ban on direct corporate contributions to federal candidates, declined to hear a case expediting a challenge to the constitutionality of the National Security Agency’s telephone data gathering, refused to hear a case on testing federal court power to overturn an arbitration award, and denied a case assessing whether death-row inmates have a right to know the method of their execution in advance. The justices did grant one appeal to be reviewed in the next term. That case tests what information a party in a state court case must provide to have the case transferred to federal court.

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