Edith Clement

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Edith Clement
Image of Edith Clement
United States Court of Appeals for the 5th Circuit (senior status)
Tenure

2018 - Present

Years in position

6

Prior offices
United States District Court for the Eastern District of Louisiana

United States Court of Appeals for the 5th Circuit

Bildung

Bachelor's

University of Alabama, 1969

Law

Tulane University Law School, 1972

Personal
Birthplace
Birmingham, Ala.


Edith Brown Clement is a federal judge on senior status on the United States Court of Appeals for the 5th Circuit. She joined the court in 2001 after being nominated by President George W. Bush. She assumed senior status on May 14, 2018.[1]

Early life and education

Clement graduated from the University of Alabama with her bachelor's degree in 1969 and from Tulane University Law School with her J.D. in 1972.[1]

Professional career

Judicial nominations and appointments

Fifth Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Edith Brown Clement
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 188 days after nomination.
ApprovedANominated: May 9, 2001
ApprovedAABA Rating: Substantial Majority Well Qualified, Minority Qualified (with one abstention)
Questionnaire:
ApprovedAHearing: October 4, 2001
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: November 1, 2001 
ApprovedAConfirmed: November 13, 2001
ApprovedAVote: 99-0
DefeatedAReturned: August 3, 2001

Clement was nominated to the United States Court of Appeals for the 5th Circuit by President George W. Bush on September 4, 2001, to a seat vacated by Judge John Duhe. The American Bar Association rated Clement Substantial Majority Well Qualified, Minority Qualified with one committee member abstaining.[2] Under Rule XXXI, paragraph six of the standing rules of the U.S. Senate, Clement's nomination was returned to the president on August 3, 2001. President Bush resubmitted Clement's nomination on September 4, 2001. Hearings on Clement's nomination were held before the United States Senate Committee on the Judiciary on October 4, 2001, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on November 1, 2001. Clement was confirmed on a recorded 99-0 vote of the U.S. Senate on November 13, 2001, and she received her commission on November 26, 2001. She assumed senior status on May 14, 2018.[1][3][4]

Eastern District of Louisiana

Clement was nominated to the United States District Court for the Eastern District of Louisiana by President George H.W. Bush on October 1, 1991, to a seat vacated by Judge Charles Schwartz, Jr. The American Bar Association rated Clement Unanimously Qualified for the nomination.[5] Hearings on Clement's nomination were held before the Senate Judiciary Committee on November 14, 1991, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on November 21, 1991. Clement was confirmed by the unanimous consent of the United States Senate on November 21, 1991, and she received her commission on November 25, 1991. Clement briefly served as the chief judge of the court in 2001 before resigning from the district court on November 27, 2001, upon her elevation to the Fifth Circuit Court of Appeals.[1][6] Clement was succeeded in this position by Judge Lance Africk.

Noteworthy cases

Parents permitted to intervene in school voucher desegregation suit (2014)

See also: United States Court of Appeals for the 5th Circuit (Brumfield, et al v. Dodd, 13-31262)

On April 10, 2014, a three-judge panel of the Fifth Circuit composed of Judges Clement, Grady Jolly, and Jerry Smith, ruled that parents would be permitted to intervene in a suit filed against Louisiana's Superintendent of Public Education by the Department of Justice to ensure its school-voucher program was in compliance with federal desegregation orders.[7]

In the underlying case, the U.S. government filed suit for an injunction, demanding that the state's voucher program not be used to send students in failing schools under federal desegregation orders to private schools as doing so would "cause irreparable injury to the court-ordered desegregation process." The parents were previously denied the opportunity to intervene, but Judge Smith, writing for the majority, noted that the children's guardians need only show the possibility that their interests would be affected by the case's resolution.[7] In concluding the ruling, Smith quipped:

" It would indeed be a questionable rule that would require prospective intervenors to wait on the sidelines until after a court has already decided enough issues contrary to their interests.[7][8]

See also

External links


Footnotes

Political offices
Preceded by:
Charles Schwartz
Eastern District of Louisiana
1991–2001
Seat #2
Succeeded by:
Lance Africk
Preceded by:
John Duhe
Fifth Circuit Court of Appeals
2001–2018
Succeeded by:
Kurt Engelhardt