Andre Davis

Andre Davis

Nonpartisan

Prior offices

United States District Court for the District of Maryland

Successor: Ellen Hollander

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United States Court of Appeals for the 4th Circuit

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Education

Bachelor's

University of Pennsylvania, 1971

Law

University of Maryland School of Law, 1978

Personal

Birthplace

Baltimore, Md.

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Andre Maurice Davis was a federal judge on the United States Court of Appeals for the 4th Circuit. Judge Davis joined the Fourth Circuit after a nomination from President Barack Obama. Prior to joining the Fourth Circuit, Davis was a judge on the United States District Court for the District of Maryland.

Early life and education

A native of Baltimore, Maryland, Davis earned his bachelor's degree from the University of Pennsylvania in 1971, and his J.D. from the University of Maryland School of Law in 1978. During his graduate studies, Davis served on the Moot Court Board and as chair of both the Honor Board and the Black Law Students Association. Davis was a member of the school's National Moot Court team and was selected as the best advocate in the Myerowitz Memorial Moot Court Competition as well as in the Marshall-Wythe Moot Court Competition.

Before entering law school and the legal profession, Davis worked as an assistant housing manager and equal employment opportunity specialist from 1972 to 1974 with the Housing Authority of Baltimore City.

Professional career

• 2017-March 1, 2020: City solicitor, Baltimore, Md.
• 2009-2017: United States Court of Appeals for the 4th Circuit

• 2014-2017: Senior judge
• 2009-2014: Judge

• 1995-2009: Judge, United States District Court for the District of Maryland
• 1990-1995: Judge, Maryland Eighth Circuit
• 1987-1990: Judge, Maryland First District
• 1984-1987: Assistant professor, University of Maryland School of Law
• 1981-1984: Assistant U.S. attorney, U.S. Attorney's Office, District of Maryland
• 1980-1981: Attorney, Civil rights division, United States Department of Justice
• 1979-1980: Law clerk, Hon. Francis Murnaghan, United States Court of Appeals for the 4th Circuit
• 1978-1979: Law clerk, Hon. Frank Kaufman, United States District Court for the District of Maryland

Judicial nominations and appointments

Fourth Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: Andre M. Davis
Court: United States Court of Appeals for the 4th Circuit
Progress
Confirmed 221 days after nomination.
ANominated: April 2, 2009
AABA Rating: Substantial Majority Well Qualified, Minority Qualified
Questionnaire:
AHearing: April 29, 2009
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
AReported: June 4, 2009
AConfirmed: November 9, 2009
AVote: 72-16

Judge Davis was nominated by President Barack Obama on April 2, 2009, to serve on the United States Court of Appeals for the 4th Circuit. The American Bar Association rated Davis Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Davis' nomination were held before the United States Senate Committee on the Judiciary on April 29, 2009, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 4, 2009. Davis was confirmed on a 72-16 recorded vote of the U.S. Senate on November 9, 2009, and he received his commission on November 10, 2009. Davis elected to take senior status beginning on February 28, 2014, and retired from judicial service on August 31, 2017. He was succeeded in this position by Judge Pamela A. Harris.

Fourth Circuit nominating controversy

Davis was first nominated to the Fourth Circuit in 2000 when President Bill Clinton nominated him to replace Francis Murnaghan. The nomination was part of President Clinton's effort to integrate the court as an African American had never served as a federal appeals judge on the Fourth Circuit. However, Davis was nominated after July 1, 2000, which was the unofficial start date of the Thurmond Rule. The Thurmond Rule states that during a presidential election year, no hearings can be scheduled. The nomination was therefore returned to President Clinton at the end of his term.

President George W. Bush chose not to renominate Davis to the Fourth Circuit during his administration. Under his administration, President George W. Bush made three unsuccessful attempts to fill the vacancy in the Fourth Circuit, nominating Peter Keisler in the spring of 2001, former assistant to the president for domestic policy Claude Allen in 2004, and former assistant U.S. attorney general Rod J. Rosenstein in 2007. Those nominations were blocked in part by Democratic senators from Maryland, Paul Sarbanes and Barbara Mikulski, who claimed that the nominees were not strong enough members of the Maryland legal community.

U.S. District Court for the District of Maryland

Davis was nominated by President Bill Clinton on May 4, 1995, to a seat on the United States District Court for the District of Maryland vacated by Walter Black. The American Bar Association rated Davis Unanimously Well Qualified for the nomination. Hearings on Davis' nomination were held before the Senate Judiciary Committee on July 18, 1995, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 28, 1995. Davis was confirmed on a voice vote of the U.S. Senate on August 11, 1995, and he received his commission on August 14, 1995. Davis resigned from the district court on November 12, 2009, upon his elevation to the Fourth Circuit.

Noteworthy cases

Obamacare subsidies receive conflicting treatment in the circuits (2014)

A three-judge panel of the United States Court of Appeals for the 4th Circuit found that, despite hearty challenges, subsidies distributed through the federal healthcare exchange are legal. A total of 87 percent of the people who receive healthcare coverage through the federal Obamacare exchange also receive subsidies to make the coverage affordable. The panel of judges, which included judges Roger Gregory, Stephanie Thacker and Andre Davis, held that the subsidies were intended not only for citizens of states which chose to set up their own marketplaces, but for all taxpayers, even if their states chose not to set up a marketplace. A contradictory ruling from the United States Court of Appeals for the District of Columbia Circuit issued the same day.

Articles:

• Washington Post, "Federal appeals courts issue contradictory rulings on health-law subsidies," July 22, 2014
• U.S. News and World Report, "Courts Issue Conflicting Rulings on Obamacare Subsidies," July 22, 2014

Sheriff not entitled to qualified immunity (2013)

See also: United States Court of Appeals for the 4th Circuit (Durham v. Jones, et al, 12-2303)

On December 10, 2013, a three-judge panel of the Fourth Circuit found that Sheriff Robert Jones, who fired a deputy in retaliation for exercising his First Amendment rights, was not entitled to qualified immunity and must answer to the $1.1 million jury award established in a federal district trial court. The three-judge panel included Judge Diana Motz, Judge Roger Gregory, and Senior Judge Andre Davis.

See also

• United States Court of Appeals for the 4th Circuit
• United States District Court for the District of Maryland

External links

• Judge Davis' biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by: Francis Murnaghan	Fourth Circuit Court of Appeals 2009–2014	Succeeded by: Pamela A. Harris
Preceded by: Walter Black	District of Maryland 1995–2009 Seat #3	Succeeded by: Ellen Hollander

Federal judges nominated by Barack Obama
Nominated	Federal judges nominated by Barack Obama