Confirm Judge Irma Carrillo Ramierez for the 5th Circuit 

The Senate should promptly confirm Northern District of Texas Magistrate Judge Irma Carrillo Ramirez, who has earned appointment to the Fifth U.S. Circuit and would be the tribunal’s initial Latina jurist. This regional circuit efficaciously resolves substantial numbers of appeals, includes a large judicial cohort, and enjoys a reputation as the most ideologically conservative appellate court. The nominee, whom President Joe Biden tendered in spring 2023, supplies gender, experiential, ideological, and ethnic court diversity gleaned primarily from serving in Magistrate Judge plus Assistant United States Attorney (AUSA) roles for the Northern District over more than a quarter century. Ramirez has excelled in law’s pantheon across three decades. The seat that the jurist could fill has been vacant for numerous months. Accordingly, the upper chamber needs to swiftly approve the well qualified, mainstream nominee.

The post opened in January 2022, when Fifth Circuit Judge Gregg Costa informed Biden that he would resign in August of that year, following much dedicated public service. The White House Counsel systematically recommended fine, moderate candidates for Biden’s analysis. This office carefully assembled talented, dynamic, centrist picks whom it had evaluated by actively consulting Texas GOP Sens. John Cornyn and Ted Cruz. They powerfully recommended Ramirez, because the Texas Judicial Evaluation Committee deemed her the strongest applicant. In a press release, Cornyn claimed that nominee “Ramirez’s distinguished track record makes her exceptionally qualified for the Fifth Circuit,” and Cruz observed she “had a 20-year record on the bench.”

Ramirez’s nomination and confirmation processes have also progressed relatively smoothly thus far, partly because she had easily navigated similar paths earlier when the Northern District’s active jurists appointed her a Magistrate Judge in 2002 and twice effortlessly reappointed the designee. She correspondingly received 2016 district nomination that President Barack Obama mustered. The nominee enjoyed a positive Judiciary Committee hearing in which the Texas senators effusively introduced Ramirez, who addressed virtually no complex questions that GOP members posed and comprehensively and cogently answered them, while Ramirez deftly related her telling life story. However, Ramirez’s promising nomination expired when the congressional session ended. Indeed, elevation of lower court jurists to higher tribunals is an efficacious tool on which modern presidents now rely. Biden’s White House staff promptly considered and proposed a few excellent, moderate prospects, namely including Ramirez.

When Biden proffered the aspirant, he completely and effectively scrutinized her many fine qualifications. Since 2002, the nominee has professionally served as a Magistrate Judge on Texas’ Northern District whose jurists resolve massive lawsuits comprising 50 percent more than the national average. Between 1995 and 2002, Ramirez was a highly capable AUSA, who pursued mammoth criminal and civil actions in the district. From 1991 until 1995, she was a very competent associate with the Locke Lord firm.

Her thorough record shows that Ramirez duly constitutes an industrious, ethical, intelligent, rigorous, cautious, and diverse candidate vis-à-vis ethnicity, ideology, experience, and gender who marshals balanced temperament. The nominee earned a well qualified rating, which is the best, from the ABA evaluation panel. Ramirez displayed those qualities in a recent Judiciary Committee hearing, and Democratic members, especially Sen. Richard Durbin (Ill.) the chair, seemed pleased with her comprehensive, responsive answers. Cornyn began the session with a distinctive reprisal of his prior, effusive 2016 hearing introduction by mentioning “numerous awards she’s earned and the many cases she’s handled.” The senator was confident that Ramirez would “bring the same passion, commitment and fidelity to the law that we’ve seen throughout her career.”A few GOP members who press dozens of Biden appellate nominees were also restrained. For instance, Louisiana Sen. John Kennedy, who is a “landmine” for nominees, posited a query about having a justice system that is race blind, which she easily treated.

Democrats asked Ramirez’s about her innovative re-entry system that helps “first-time, low-level offenders;” the jurist contended that the work taught her redemption’s power while increasing appreciation for the difficult situations which face individuals released from prison who “truly want to do better and live”productively. When quizzed on diversity, Ramirez explained that a tribunal which “represents the community” instills confidence by realizing the “American dream” that an immigrant’s child may earn confirmation to a federal appellate court.

In an early June panel meeting, deliberation about Ramirez’s dynamic competence resulted in a favorable ballot, as she is a highly experienced centrist whom both Texas GOP lawmakers powerfully support, despite the growing politicization which increasingly threatens appointment of certain Biden nominees, perhaps most relevantly Judge Ana de Alba, the 9th U.S. Circuit nominee, in the June hearing panel. Republican and Democratic senators’ views closely mirrored notions which they had articulated in that earlier session. For instance, Cornyn reiterated the praise which he deployed when enthusiastically introducing Ramirez. In contrast, Sen. Lindsey Graham (R-SC) repeated claims that de Alba’s child pornography sentencing was beyond the mainstream. Durbin responded by calling Ramirez and de Alba “excellent.” In the end, the committee strongly approved nominee Ramirez with a voice vote, as she is a very capable, mainstream designee, and the court requires all of its jurists to promptly, inexpensively, and fairly resolve a massive docket.

A few ideas clarify why the Senate must quickly appoint the nominee. First, Judge Costa’s post has essentially been open for more than a year. Second, Biden named her in April. Requiring exceptional, centrist designees and nominees to wait prolonged times can inequitably mean that numbers of specific people place their careers and daily lives on hold. This may be important for nominee Ramirez, who currently discharges abundant responsibilities for the Northern District. The vacant seat also makes Costa’s active and senior judicial colleagues decide ample cases, yet plentiful other jurists now have responsibility for substantially fewer appeals. These 5th Circuit members have ably kept treating and deciding voluminous matters, which permits the tribunal to continue speedily, economically, and fairly resolving a gigantic docket. Numerous litigants and counsel are clearly indebted to those judges for robust, effective, ongoing service. However, the delay and partisan controversies, which implicate Republican and Democratic senators that might have left Costa’s vacancy open, may be unfair to parties and citizens who need their lawsuits finished quicker.

With that the Senate returning from its Thanksgiving Recess, Majority Leader Chuck Schumer (N.Y.) must expeditiously proffer a robust floor debate and confirmation vote, which appoints nominee Magistrate Judge Irma Ramirez to the lengthy 5th Circuit opening. Her distinguished record shows that the able, diverse nominee merits quick confirmation and her many capabilities will enable the tribunal to keep promptly, inexpensively, and equitably concluding significant appeals. 

Carl Tobias is a professor of Law at the University of Richmond.