Susan L. Carney (Second Circuit) (original) (raw)

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Susan L. Carney

Image of Susan L. Carney

United States Court of Appeals for the 2nd Circuit (senior status)

Tenure

2022 - Present

Years in position

2

Prior offices

United States Court of Appeals for the 2nd Circuit

Education

Personal

Susan L. Carney is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. She joined the court in 2011 after being nominated by President Barack Obama (D). Prior to her nomination, she was deputy general counsel for Yale University.[1]

On November 4, 2021, Carney announced that she would assume senior status upon the confirmation of her successor.[2][3][4] Sarah A.L. Merriam was confirmed by the United States Senate on September 15, 2022.

Biography

Early life and education

Carney was born and raised in Massachusetts. She went to public schools in Lexington and Weston, Massachusetts.[5] Carney attended Harvard College and graduated with an A.B. cum laude in 1973. Carney received a J.D. magna cum laude from Harvard Law School in 1977.[6][1]

Professional career

2001-2011: Deputy general counsel

2008: Acting general counsel

1998-2001: Associate general counsel

Judicial career

2nd Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Susan L. Carney
Court: United States Court of Appeals for the 2nd Circuit
Progress
Confirmed 362 days after nomination.
ApprovedANominated: May 20, 2010
ApprovedAABA Rating: Substantial Majority Qualified, Minority Not Qualified
Questionnaire:
ApprovedAHearing: September 15, 2010
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 17, 2011 December 1, 2010
ApprovedAConfirmed: May 17, 2011
ApprovedAVote: 71-28

Carney was first nominated by President Obama (D) on May 20, 2010, to fill a seat on the United States Court of Appeals for the 2nd Circuit vacated by Barrington Parker as Parker assumed senior status.[7] Obama said of the nomination, "At every step of her career, Susan Carney has performed with excellence and unwavering integrity. I am confident she will serve the people of Connecticut with distinction on the Circuit Court bench."[6]

The American Bar Association rated Carney Substantial Majority Qualified, Minority Not Qualified for the nomination.[8] Hearings on Carney's nomination were held before the United States Senate Committee on the Judiciary on September 15, 2010, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on December 1, 2010. Under provisions of Senate Rule XXXI, paragraph 6, of the standing rules of the U.S. Senate, Carney's nomination was returned to the president on December 22, 2010. President Obama resubmitted her nomination on January 5, 2011, and Senator Leahy reported her nomination on February 17, 2011. Carney was confirmed by a 71-28 vote of the U.S. Senate on May 17, 2011, and she received her commission the same day.[1][9][10]

Noteworthy cases

Second Circuit rules against government in Stored Communications Act warrants case (2016)

See also: United States Court of Appeals for the 2nd Circuit (Microsoft Corporation v. United States of America)

On July 14, 2016, the Second Circuit overturned a decision of a federal district court in Microsoft Corporation v. United States of America. Judge Susan Carney delivered the opinion of the circuit panel. On October 16, 2017, the U.S. Supreme Court agreed to hear arguments in this case during its October 2017 term.

A provision of the Stored Communications Act (SCA), Section 2703, authorizes law enforcement to obtain various judicial directives in order to compel private companies to disclose user data. According to The Georgetown Law Tech Review,[11]

“ The disclosure mechanisms operate in a tiered system: court orders require the lowest standards for evidence, but only allow access to customer record information. Subpoenas require an equivalent level of reasonable suspicion, and allow law enforcement to view non-content data of specific messages. The highest level of protection is provided for the contents of communications in electronic storage that have been stored for 180 days or fewer. To access such data, law enforcement must obtain an SCA warrant consistent with the Federal Rules of Criminal Procedure, including a showing of probable cause to a magistrate judge. Each mechanism also allows access to the information obtainable by a lesser degree of proof in a sliding scale: law enforcement officials could obtain a warrant and see all the information available through a court order, for example.[12] ”

The Federal Bureau of Investigation (FBI) obtained a Section 2703 warrant that directed Microsoft to "seize and produce the contents of an e‐mail account that it maintains for a customer who uses the company’s electronic communications services."[13]Microsoft produced the customer's non-content information, which was stored on servers in the United States, but Microsoft declined to access the customer's content that was stored and maintained in Ireland. Microsoft filed a motion to quash the warrant, which a federal magistrate judge denied. A federal district court held Microsoft in contempt of court for refusing to execute the warrant as directed by the FBI. Microsoft appealed the denial of its motion to quash the warrant and the contempt citation. A three-judge panel of the Second Circuit, in an opinion by Judge Susan Carney, reversed the lower court as to the decision to deny Microsoft's motion to quash the warrant and vacated the lower's contempt citation. Judge Carney held that "the application of the Act that the government proposes ― interpreting 'warrant' to require a service provider to retrieve material from beyond the borders of the United States ― would require us to disregard the presumption against extraterritoriality that the Supreme Court re‐stated and emphasized in Morrison v. National Australian Bank Ltd., ... and, just recently, in RJR Nabisco, Inc. v. European Cmty. ... We are not at liberty to do so."[13]

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Carney, Susan Laura," accessed November 9, 2021
  2. ↑ U.S. Courts, "Future Judicial Vacancies," accessed November 9, 2021
  3. ↑ Reuters, "2nd Circuit's Carney to take senior status, creating new vacancy for Biden," November 5, 2021
  4. ↑ Reuters, "U.S. Court of Appeals for the 2nd Circuit; Chambers of Susan L. Carney, Circuit Judge; letter to the president," November 4, 2021
  5. ↑ Associated Press, "Obama nominates Yale's Carney to federal court," May 20, 2010
  6. ↑ 6.0 6.1 The White House, "President Obama names Susan L. Carney to U.S. Court of Appeals for the Second Circuit," May 20, 2010
  7. ↑ The White House, "Presidential nominations sent to the Senate," May 20, 2010
  8. ↑ American Bar Association, "Ratings of Article III judicial nominees, 111th Congress," accessed June 7, 2016
  9. ↑ United States Congress, "PN 1811 - Susan L. Carney - The Judiciary," accessed June 7, 2016
  10. ↑ United States Congress, "PN 8 - Susan L. Carney - The Judiciary," accessed June 7, 2016
  11. ↑ The Georgetown Law Tech Review, "Microsoft v. United States: In the Matter of a Warrant to Search a Certain E–Mail Account Controlled and Maintained by Microsoft Corporation," November 2016
  12. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. ↑ 13.0 13.1 U.S. Court of Appeals for the Second Circuit, In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation, July 14, 2016
Barack Obama v • eFederal judges nominated by Barack Obama
Nominated Federal judges nominated by Barack Obama
US-CourtOfAppeals-2ndCircuit-Seal.png v • eFederal judges who have served the U.S. Court of Appeals for the Second Circuit
Active judges Chief Judge: Debra Livingston • Joseph Bianco • Richard Sullivan (New York) • Maria Araujo Kahn • Raymond Lohier • Alison J. Nathan • Beth Robinson • Sarah A.L. Merriam • Michael Park • Steven Menashi • William Nardini • Eunice Lee • Myrna Pérez
Senior judges Denny Chin • Gerard Lynch • Pierre Leval • Dennis Jacobs • Jon Newman • Amalya Kearse • John Walker (New York) • Chester Straub • Guido Calabresi • Jose Cabranes • Robert Sack • Barrington Parker • Reena Raggi • Richard Wesley • Susan L. Carney (Second Circuit) •
Former judges Christopher Droney • Julian William Mack • Frank Altimari • Samuel Blatchford • Alexander Smith Johnson • Nathaniel Shipman • William James Wallace • Lewis Bartholomew Woodruff • Sonia Sotomayor • Wilfred Feinberg • Ralph Winter • Roger Miner • Rosemary Pooler • Robert Katzmann • Peter Hall (Federal judge) • John Mahoney (Second Circuit) • George Pratt • Richard Cardamone • Lawrence Pierce • Thomas Meskill • William Mulligan • James Oakes • William Timbers • Fred Parker • Alfred Conkling Coxe • Emile Henry Lacombe • William Kneeland Townsend • Charles Merrill Hough • Walter Chadwick Noyes • Henry Galbraith Ward • John Harlan II • Learned Hand • Martin Augustine Knapp • Julius Marshuetz Mayer • Augustus Noble Hand • Martin Thomas Manton • Henry Wade Rogers • Harrie Brigham Chase • Thomas Walter Swan • Carroll Hincks • Charles Edward Clark • John Joseph Smith • Robert Palmer Anderson • Robert Porter Patterson, Sr. • Murray Gurfein • Irving Kaufman • Walter Mansfield • Harold Medina • Thurgood Marshall • Jerome Frank • Henry Friendly • Paul Hays • Joseph Lumbard • Leonard Moore • Ellsworth Van Graafeiland • Sterry Waterman •
Former Chief judges Wilfred Feinberg • Jon Newman • Ralph Winter • John Walker (New York) • Robert Katzmann • Thomas Meskill • James Oakes • Learned Hand • Harrie Brigham Chase • Thomas Walter Swan • Charles Edward Clark • Irving Kaufman • Henry Friendly • Joseph Lumbard •

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