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richard myers dis- hon

name popped 1 25 but not cannon

myers is trump judge

an 1 25

At the request of GOP Judge Jefferson Griffin, Republicans on the state Supreme Court have prohibited the state Board of Elections from certifying Democratic Justice Allison Riggs’ election.

Riggs, the incumbent, leads Griffin by 734 votes in the election for a seat on the state’s highest court.

Griffin, an Appeals Court judge, wants to discount more than 60,000 votes on the belief that throwing them out will allow him to win.

After the state Board of Elections dismissed his election protests last month, Griffin asked the Supreme Court, where Republicans hold a 5-2 majority, to step in.

The state Board had the case transferred to federal court, but on Monday, U.S. District Judge Richard Myers II sent it back to state court.

Tuesday’s order for a temporary stay said the state Supreme Court received notice that the state Board plans to appeal Myers’ decision, but “in the absence of a stay from federal court, this matter should be addressed expeditiously because it concerns certification of an election.”

Democratic Justice Anita Earls dissented, writing that the standards for a temporary stay have not been met.

Riggs has recused herself from participation in the case.

Most of the votes Griffin wants thrown out are those his campaign claims were cast by people who did not include a driver’s license or partial Social Security number on their voter registration applications. People who did not include those numbers on their applications are not legally registered, Republican lawyers have argued. Many of those voters have been voting regularly for years. The Republican Party used the same argument last year in a lawsuit seeking to have more than 225,000 voters purged from the registration rolls or to be forced to cast provisional ballots. Myers partially dismissed that suit.

NC Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. NC Newsline maintains editorial independence. Contact Editor Rob Schofield for questions: info@ncnewsline.com.

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sad!

https://www.alternet.org/2022/03/cawthorn-2656854718/

salon78

A federal judge on Friday struck down a legal challenge against Rep. Madison Cawthorn, R-N.C., who a group of North Carolina voters argued was ineligible for re-election due to his apparent role in fomenting the January 6 Capitol riot.

The decision was handed down by Judge Richard Myers, a Trump-appointee in the eastern district of North Carolina, who rubber stamped Cawthorn's request for a preliminary injunction against the petitioners.

Myers is a member of two conservative advocacy groups, including the Federalist Society and the National Rifle Association. He also serves as a faculty advisor for the Christian Legal Society, whose members profess to be "dedicated to serving Jesus Christ through the practice and study of law."

The case originally stems from a lawsuit filed by a group of voters and advocacy groups back in January, alleging that Cawthorn should be disqualified from re-election over his conduct before and during the Capitol insurrection

In the leadup to the insurrection, Cawthorn encouraged his followers to "lightly threaten" their representatives if they didn't validate Donald Trump's baseless claims of election fraud. The conservative firebrand also made an appearance at the "Stop the Steal" rally, held just hours before the riot, where he blasted Republicans for "not fighting" hard enough. When the rioters had finally made their way inside the House chamber, Cawthorn appeared to be brimming with pride over Twitter, writing gleefully that "the battle is on the house floor."

The lawsuit, now all but dead, hangs its hat on the 14th Amendment's "disqualification clause," which prohibits any officeholders who "engaged in insurrection or rebellion against the same" from holding a seat in government.

[twt]

but in a countersuit filed in February, Cawthorn's lawyers argued that the Amnesty Act of 1872 – which allowed ex-Confederates to serve in office after the Civil War – effectively validates Cawthorn's re-election bid. In fact, that law only applied to ex-Confederates – not future insurrectionists, Slate's Mark Joseph Stern noted.

Still, Myers sided with Cawthorn's abstruse logic, claiming that "we are at a moment in which interest in free and fair elections is at its peak." The judge added that he felt too responsible for protecting "the soapbox … the ballot box … and the jury box … And when those fail, that's when people proceed to the ammunition box."

Rob Fein, the legal director of Free Speech For People, which is representing the voters who filed the suit against Cawthorn, has called for the decision to be appealed.

"This ruling, by Chief Judge Richard Myers II, a Trump appointee, is wrong on the law and would block the State Board of Elections from determining whether Cawthorn is ineligible under the Insurrectionist Disqualification Clause of the US Constitution," he said in a statement. "The ruling must be reversed on appeal, and the right of voters to bring this challenge to Cawthorn's eligibility must be preserved.

https://ballotpedia.org/Richard_Myers_II

richard Myers II is the chief judge of the United States District Court for the Eastern District of North Carolina. On September 9, 2019, President Donald Trump (R) nominated Myers to a seat on this court. The U.S. Senate confirmed Myers on December 5, 2019, by a vote of 68-21.[1] He received commission on December 10, 2019. He became chief judge of the court in 2021.[2] To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the Eastern District of North Carolina is one of 94 U.S. District Courts. They are the general trial courts of the United States federal courts. To learn more about the Eastern District of North Carolina, click here.

Myers was the Henry Brandis Distinguished Professor of Law and Director of Trial Advocacy at theUniversity of North Carolina School of Law from 2014 to 2019.

Judicial nominations and appointments

United States District Court for the Eastern District of North Carolina

See also: Federal judges nominated by Donald Trump

On September 9, 2019, President Donald Trump (R) nominated Myers to a seat on the United States District Court for the Eastern District of North Carolina. The U.S. Senate confirmed Myers on December 5, 2019, by a vote of 68-21.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Nominee Information
Name: Richard Myers II
Court: United States District Court for the Eastern District of North Carolina
Progress
Confirmed 87 days after nomination.
Nominated: September 9, 2019
ABA Rating: Substantial majority well qualified / Minority qualified
Questionnaire: Questionnaire
Hearing: September 11, 2019

Follow-up questions may be prepared and submitted to nominees for written replies to expand on their testimony. Nominees may be asked to expand on answers given at the hearing or to discuss new matters raised in the course of the hearing. Often the chair will announce that the hearing record will be left open for a period of time so that additional information can be entered into the formal hearing record.

 QFRs (Hover over QFRs to read more)

Reported: October 31, 2019
Confirmed: December 5, 2019
Vote: 68-21
Confirmation vote

The U.S. Senate confirmed Myers on December 5, 2019, on a vote of 68-21.[1] To see a full breakdown of the vote on the official U.S. Senate website

...

change in Senate rules

See also:Filibuster and reconciliation in the United States CongressFederal judges nominated by Donald TrumpUnited States federal courts

Myers was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[3]

The change was passed under a procedure, often referred to as thenuclear option, that requires 51 votes rather than 60.[4]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[5] For more, see Filibuster and reconciliation in the United States Congress.

Senate Judiciary Committee

The Senate Judiciary Committee held hearings on Myers' nomination on September 11, 2019.[6] The committee voted 16-6 on October 31 to advance his nomination to the full Senate.[7]

Nomination

On August 14, 2019, President Donald Trump (R) announced his intent to nominate Myers to a seat on the United States District Court for the Eastern District of North Carolina.[8] The U.S. Senate officially received the nomination on September 9.[1]

Myers was nominated to succeed Judge Malcolm Howard, who assumed senior status on December 31, 2005.[9] When Myers was nominated, the seat was the longest-running vacancy in the federal judiciary.[10]

The American Bar Association rated Myers well qualified by a substantial majority and qualified by a minority.[11] To read more about ABA ratings, click here.

Early life and education

Myers was born in 1967 in Kingston, Jamaica. He earned his B.A., summa cum laude, in 1989 and his M.A. in 1994 from the University of North Carolina at Wilmington. He and earned his J.D.,magna cum laude, from the University of North Carolina School of Law in 1998. Myers was the articles editor on the North Carolina Law Review.[8][12]

Professional career

Associations

About the court

:{Eastern District of North Carolina:(style="box-sizing:border-box"):}:
Fourth Circuit
Judgeships
Posts: 4
Judges: 4
Vacancies: 0
Judges
Chief: Richard Myers II

Active judges: Terrence Boyle, James Dever, Louise Flanagan, Richard Myers II

Senior judges:

Earl Britt, Malcolm Howard

The United States District Court for the Eastern District of North Carolina is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fourth Circuit based in downtown Richmond, Virginia, at the Lewis F. Powell Federal Courthouse.

The Eastern District of North Carolina has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

It has three staffed offices and holds court in six cities: Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, and Wilmington. Its main office is in Raleigh.

There are four court divisions, each covering the following counties:

The Eastern Division, covering Beaufort, Carteret, Craven, Edgecombe, Greene, Halifax, Hyde, Jones, Lenoir, Martin, Pamlico, and Pitt counties.

The Northern Division, covering Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington counties.

The Southern Division, covering Bladen, Brunswick, Columbus, Duplin, New Hanover, Onslow, Pender, Robeson, and Sampson counties.

The Western Division, covering Cumberland, Franklin, Granville, Harnett, Johnston, Nash, Vance, Wake, Wayne, Warren, and Wilson counties.

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process: