Cheryl Ann Krause
2014 - Present
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Cheryl Ann Krause is a federal judge on the United States Court of Appeals for the 3rd Circuit. She joined the court in 2014 after being nominated by President Barack Obama.[1]
Early life and education
A native of St. Louis, Missouri, Krause earned her B.A. from the University of Pennsylvania in 1989 and her J.D. from Stanford Law School in 1993.[1]
Professional career
- 2014-present: Judge, United States Court of Appeals for the 3rd Circuit
- 2003-2014: Private practice, Philadelphia, Pa.
- 1997-2002: Assistant U.S. attorney, Southern District of New York
- 1996-1997: Private practice, New York, N.Y.
- 1995-1996: Law clerk in private practice, San Francisco, Calif.
- 1994-1995: Law clerk, Hon. Anthony Kennedy, Supreme Court of the United States
- 1993-1994: Law clerk, Hon. Alex Kozinski, United States Court of Appeals for the 9th Circuit[1]
Judicial career
Third Circuit Court of Appeals
 |
| Nominee Information |
| Name: Cheryl Ann Krause |
| Court: United States Court of Appeals for the 3rd Circuit |
| Progress |
| Confirmed 151 days after nomination. |
 Nominated: February 6, 2014
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: March 12, 2014
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: April 3, 2014
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| Confirmed: July 7, 2014
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| Vote: 93-0
|
Krause was nominated by President Barack Obama on February 6, 2014, to fill a seat on the United States Court of Appeals for the 3rd Circuit vacated by Dolores Sloviter, who took senior status. The American Bar Association rated Krause Unanimously Well Qualified for the nomination.[2] Hearings on Krause's nomination were held before the United States Senate Committee on the Judiciary on March 12, 2014, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on April 3, 2014. Krause was confirmed on a recorded 93-0 vote of the U.S. Senate on July 7, 2014, and she received her commission on July 9, 2014.[1][3]
Noteworthy cases
Third Circuit reverses district court judgment in Eleventh Amendment immunity case (2016)
On December 27, 2016, a three-judge panel of the Third Circuit reversed a lower court judgment in Maliandi v. Montclair State University. Judge Cheryl Ann Krause delivered the opinion of the circuit panel.
The case addressed a split among federal district courts in the Third Circuit over whether Eleventh Amendment immunity, which applies to "entities that function as 'arms of the state,'" includes state-affiliated universities, here Montclair State University (MSU). Writing for a three-judge panel of the Third Circuit, Judge Cheryl Ann Krause held that state-affiliated universities were entitled to Eleventh Amendment immunity. Krause wrote,[4]
| " |
We employ a fact-intensive, three-step balancing test to ascertain whether a state-affiliated entity is an 'arm of the State' that falls within the ambit of the Eleventh Amendment. ... in Fitchik v. New Jersey Transit Rail Operations, Inc., we attempted to consolidate ... a more manageable three-factor test that
still governs today. The Fitchik factors are (1) the funding factor: whether the state treasury is legally responsible for an adverse judgment entered against the alleged arm of the State; (2) the status under state law factor: whether the entity is treated as an arm of the State under state case law and statutes; and (3) the autonomy factor: whether, based largely on the structure of its internal governance, the entity retains significant autonomy from state control. ...After identifying the direction in which each factor points, we balance them to determine whether an entity amounts to an arm of the State. On balance, the Fitchik factors favor MSU’s claim to Eleventh Amendment protection. ... where, as here, the State creates an entity that functions on balance as an arm of the State, the Eleventh Amendment’s protection must carry the day.[5] |
” |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biographical directory of federal judges," accessed December 20, 2016
- ↑ American Bar Association, "Ratings of Article III judicial nominees: 113th Congress," accessed February 13, 2014
- ↑ United States Congress, "PN 1397 — Cheryl Ann Krause — The Judiciary," accessed December 20, 2016
- ↑ U.S. Court of Appeals for the Third Circuit, Paula Maliandi v. Montclair State University, December 27, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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| Preceded by - |
United States Court of Appeals for the 3rd Circuit 2014-Present |
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