Barbara Keenan
2021 - Present
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Barbara Milano Keenan is a federal judge on senior status with the United States Court of Appeals for the 4th Circuit. She was appointed to the court by President Barack Obama.[1][2][3][4]
Keenan assumed senior status on August 31, 2021.[5]
Education
Keenan received her undergraduate degree from Cornell University, her J.D. from George Washington University in 1974, and her LL.M. from the University of Virginia School of Law in 1992.[4]
Professional career
- 2021-Present: Senior judge, United States Court of Appeals for the 4th Circuit
- 2010-2021: Judge, United States Court of Appeals for the 4th Circuit
- 1991-2010: Justice, Supreme Court of Virginia
- 1985-1991: Judge, Virginia Court of Appeals
- 1982-1985: Judge, Virginia Circuit Court, Nineteenth Judicial Circuit
- 1980-1982: Fairfax Virginia General District Court
- 1978-1980: Member, Board of Zoning Appeals, Fairfax County, Virginia
- 1976-1980: Private practice, Fairfax, Virginia
- 1975-1980: Commissioner in Chancery, Fairfax County, Virginia
- 1974-1976: Assistant Commonwealth attorney, Fairfax County, Virginia[4]
Judicial career
Fourth Circuit Court of Appeals
Nominee Information |
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Name: Barbara Milano Keenan |
Court: United States Court of Appeals for the 4th Circuit |
Progress |
Confirmed 169 days after nomination. |
Nominated: September 14, 2009 |
ABA Rating: Unanimously Well Qualified |
Questionnaire: Questionnaire |
Hearing: October 7, 2009 |
Hearing Transcript: Hearing Transcript |
QFRs: QFRs (Hover over QFRs to read more) |
Reported: October 29, 2009 |
Confirmed: March 2, 2010 |
Vote: 99-0 |
President Obama nominated Keenan for a federal judgeship on the United States Court of Appeals for the 4th Circuit.[6][7] Keenan was recommended to the president for nomination by Senators Jim Webb and Mark R. Warner on June 2, 2009.[8] The American Bar Association rated Keenan Unanimously Well Qualified for the nomination.[9] Hearings on Keenan's nomination were held before the United States Senate Committee on the Judiciary on October 7, 2009, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on October 29, 2009. Keenan was confirmed on a recorded 99-0 vote of the U.S. Senate on March 2, 2010, and she received her commission on March 9, 2010.[4][10]
Keenan assumed senior status on August 31, 2021.[5]
Noteworthy cases
SCOTUS vacates Fourth Circuit ruling on narcotics analogues (2015)
On June 18, 2015, the U.S. Supreme Court vacated the judgment of a three-judge panel of the United States Court of Appeals for the 4th Circuit in McFadden v. United States. Judge Barbara Keenan wrote the opinion of the panel.
The petitioner, Stephen McFadden, sold bath salts, an aromatherapy product that, when burned, emit a stimulating vapor. McFadden sold bath salts until he learned they were prohibited under the Controlled Substances Analogue Enforcement Act. The Act criminalized the distribution of what the statute defined as analogues to controlled substances. An analogue was defined as a substance whose chemical structure or stimulant effect is substantially similar to a controlled substance. Analogues and controlled substances are prosecuted as one in the same. The government prosecuted McFadden. At trial, McFadden argued that the government was required to prove that he was aware the bath salts were an analogue. A federal district court held that the government only needed to prove that the petitioner knew the products were intended for human consumption. A unanimous panel of the Fourth Circuit, in an opinion by Judge Barbara Keenan, upheld the lower court verdict.
A unanimous Supreme Court vacated the Fourth Circuit's ruling, holding that, under the Act, the government was required to demonstrate that a criminal defendant knew the substance being sold was an analogue to a controlled substance. Justice Clarence Thomas authored the opinion of the court.[11][12]
See also
External links
- Judge Keenan's biography from the Federal Judicial Center
- Judge Keenan's biography from the Fourth Circuit's website
- Supreme Court of Virginia
Footnotes
- ↑ Richmond Times-Dispatch', "Keenan confirmed for 4th Circuit judgeship," March 3, 2010
- ↑ Washington Post: Virginia Politics Blog, "Keenan confirmed, legislators to pick a replacement on Virginia Supreme Court," March 2, 2010
- ↑ The Blog of Legal Times, "Senate Confirms Nominee for 4th Circuit," March 2, 2010
- ↑ 4.0 4.1 4.2 4.3 Federal Judicial Center, "Biographical directory of federal judges," accessed June 15, 2016
- ↑ 5.0 5.1 Law360, "Judge Keenan's Exit Gives Biden 1st Opening On 4th Circ.," March 1, 2021
- ↑ The White House, "President Obama Nominates Justice Barbara Milano Keenan for United States Court of Appeals for the 4th Circuit," September 14, 2009
- ↑ The White House, "Nominations Sent to the Senate," September 14, 2009
- ↑ Senator Mark Warner, "Statement on White House Nomination of Justice Barbara Keenan for Federal Appeals Court Vacancy," September 14, 2009
- ↑ American Bar Association, "Rating of Article III judicial nominees, 111th Congress," accessed June 15, 2016
- ↑ United States Congress, "Biographical directory of federal judges," accessed June 15, 2016
- ↑ Supreme Court of the United States, McFadden v. United States, decided June 18, 2015
- ↑ Oyez.org, "McFadden v. United States," accessed October 5, 2017
Political offices | ||
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Preceded by: Hiram Widener |
Fourth Circuit Court of Appeals 2010 – 2021 |
Succeeded by: Toby Heytens
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Nominated |