Expired nomination to the D.C. Circuit
On May 26,2010,legal blogger Ed Whelan reported that President Obama has placed Halligan on "the inside track" to be nominated to one of two vacancies on the United States Court of Appeals for the District of Columbia Circuit. [14] In July 2010,the Blog of Legal Times reported that two unidentified lawyers said agents with the Federal Bureau of Investigation had interviewed them regarding Halligan,which is standard for federal judicial nominees and often is precursor to a nomination. [13] On September 29,2010,Obama nominated Halligan to replace John G. Roberts. [15] On December 22,2010,the Senate returned the nomination to the President,having taken no action on the nomination in the One Hundred and Eleventh Congress.
On January 5,2011,President Obama renominated Halligan for the same post. On February 2,2011,the Senate Judiciary Committee held a hearing on her nomination and on March 10,2011,the Judiciary Committee reported her nomination to the floor favorably,in a 10-8 vote. [16] On December 6,2011,the Senate failed to invoke cloture in a 54-45 vote,falling six votes short of the 60 votes needed to move forward with a floor vote on her nomination. [17] Her nomination was returned to the President on December 17,2011,pursuant to the rules of the Senate. [18]
Halligan was renominated on June 11,2012. [19] Two more attempts to gain cloture on her confirmation failed,and on August 3,2012 her nomination was again returned to the White House. [20] She was renominated on September 19,2012. [21] Her nomination was again returned to the President on January 2,2013,due to the sine die adjournment of the Senate.
On January 3,2013,she was renominated to the same office. Her nomination was reported by the Senate Judiciary Committee on February 14,2013,initially in a 10-8 vote,strictly along party lines. [22] However,Sen. Lindsey Graham later changed his vote to "pass," making the final committee vote 10-7. [23]
On March 4,2013,Senate Majority Leader Harry Reid again filed a motion to invoke cloture on Halligan's nomination. [24] On March 6,2013,cloture failed by a vote of 51 ayes to 41 nays. [25] [26] According to Senator Charles E. Grassley,one objection of Republicans to the nominee was based on the legal theory she advanced while Solicitor General of New York,which was that "gun manufacturers,wholesalers and retailers contributed to a ‘public nuisance’of illegal handguns in the state." [27]
On March 22,2013,Halligan requested that Obama withdraw the nomination and he did so. [28]
Appointment to the New York Court of Appeals
Halligan was one of seven candidates under consideration for appointment to the New York Court of Appeals after the retirement of Judge Paul Feinman on March 23,2021. [29] [30]
On March 24,2023,Halligan was again selected as a finalist under consideration for appointment to the New York Court of Appeals,this time for the position of Chief Judge following the retirement of Chief Judge Janet DiFiore and the subsequent rejection of Justice Hector LaSalle's nomination to that seat by the New York State Senate. [31]
On April 10,2023,Governor Kathy Hochul announced her intention to nominate Halligan as an associate judge of the New York Court of Appeals,replacing Rowan D. Wilson,who was nominated for chief judge on the same day. [32] On April 19,the New York Senate confirmed Halligan as associate judge by a vote of 47–12, [33] she took her oath the same day.
