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Helene White
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Helene N. White (born December 2, 1954) is a senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Previously, she was a judge on the Michigan Court of Appeals.
Key Information
Background
[edit]Born in Jackson Heights, Queens in New York City, White graduated with a Bachelor of Arts degree in economics from Barnard College of Columbia University in 1975 and the University of Pennsylvania Law School with a Juris Doctor in 1978.[2] She then clerked for two years for Michigan Supreme Court Justice Charles Levin, whom she would later marry and, in November 2006, divorce.[3] White then won an elected position on the Detroit Court of Common Pleas, and in 1982 was elected to the Wayne County Circuit Court. White was elected to her position on the Michigan Court of Appeals for the 1st district in November 1992 and served from January 1, 1993 until August 11, 2008, and was succeeded by Cynthia Stephens.[4]
Federal judicial service
[edit]Expired Sixth Circuit nomination under Clinton
[edit]On January 7, 1997, President Bill Clinton nominated White to a vacancy on the United States Court of Appeals for the Sixth Circuit that was vacated by Judge Damon Keith, who assumed senior status on May 1, 1995. With the United States Senate controlled by Republicans during Clinton's entire second term, White's nomination languished for more than four years, chiefly because of objections from Michigan's Republican senator at the time, Spencer Abraham.
Abraham had been angry with Clinton because Abraham previously had aided the president in getting three Democratic judicial nominees from Michigan approved in the Republican-controlled Senate, allegedly on the condition that Clinton make no more nominations to the federal courts from his state. When Clinton nominated White in 1997 contrary to the previous agreement, Abraham refused to approve her, keeping White's nomination stalled in the Senate Judiciary Committee without a hearing or committee vote. When Clinton later nominated Kathleen McCree Lewis in 1999 to a second Michigan vacancy on the Sixth Circuit, Abraham did not allow her to be processed in committee either.
Despite the delays, being picked to sit on a court just one notch below the U.S. Supreme Court "is like being hit by lightning," White told the Detroit News in an article that was published on October 17, 1999. "To say I'm going to pick up my jacks and go home is self-defeating. Why would I take them off the hook?" White acknowledged to the paper that she had considered withdrawing for "maybe 30 seconds." But at the time the article appeared, White told the paper she believed she would be given a fair hearing. "From everything I've heard, Sen. Abraham is a decent guy," White told the paper. "I have no reason to believe I won't get a hearing."
Ultimately, White's nomination was returned to the White House when Clinton's presidency ended. White's four year nomination remains one of the single longest federal appeals-court judicial nominations never given a full Senate vote, exceeded only by the failed nomination of Bush nominee Terrence Boyle from 2001 to 2007.
Renomination to Sixth Circuit under Bush
[edit]When President George W. Bush took office in 2001, he quickly submitted Republican nominees to fill the two Michigan vacancies that Abraham had refused to allow Clinton to fill. However, Michigan's two Democratic senators, Carl Levin, who was the cousin of White's husband at the time, and Debbie Stabenow, who had defeated Abraham in the 2000 election, consistently tried to block all of Bush's circuit court nominees from Michigan, citing the fact that White and Lewis, the latter of whom eventually died in October 2007, had never received up-or-down votes from the Senate during Clinton's presidency. The two senators were successful in the filibuster of Bush nominee Henry Saad, who later withdrew. But as part of the Gang of 14 deal in May 2005, they finally allowed the confirmation of stalled Bush nominees David McKeague, Richard A. Griffin and Susan Bieke Neilson.
After Neilson's unexpected death in 2006 at the age of 49, there were again two Michigan vacancies on the Sixth Circuit. Bush quickly named Raymond Kethledge and United States Attorney Stephen Murphy III to fill the positions. However, after the Democrats regained control of the Senate in November 2006, Levin and Stabenow once again balked at confirming any further Bush nominees from Michigan to the Sixth Circuit.
On April 15, 2008, as part of a deal with Levin and Stabenow, Bush reluctantly renominated White to the Sixth Circuit, more than eleven years after she was first nominated by Clinton. She replaced Murphy as the nominee to fill Neilson's vacated seat, while Murphy was given a Michigan district court nomination in exchange. In return for White's renomination, Levin and Stabenow agreed to allow Kethledge to be confirmed.
White, along with Kethledge and Murphy, received a hearing before the Senate Judiciary Committee on May 7, 2008, less than a month after her nomination. White was pointedly questioned by Republican senators, who were angry that her nomination had been fast-tracked by the Democratic committee chairman, Senator Patrick Leahy, past several other Bush circuit court nominees who had been waiting in committee for much longer periods of time during the 110th Congress. She was voted out of committee on June 12, 2008 by an 11–8 vote. All of the Republicans on the committee, except Orrin Hatch, the chairman of the committee during the Clinton administration, voted against her purportedly on the grounds that she had not provided the committee with copies of her unpublished judicial opinions that were later reversed by the Michigan Supreme Court. On June 24, 2008, the Senate confirmed her by a 63–32 vote.[5] She received her commission on August 8, 2008.
On December 14, 2021, she announced her intent to assume senior status upon confirmation of her successor.[6][7] She assumed senior status on June 13, 2022 and was replaced by Stephanie D. Davis.[8]
See also
[edit]References
[edit]- ^ Lewis, Neil (May 8, 2008). "White House and Democrats Move on Ohio Court Plan". The New York Times.
- ^ "White, Helene N. Resume". United States Department of Justice. Archived from the original on Jun 1, 2009. Retrieved May 28, 2009.
- ^ Abramowitz, Michael (5 May 2008). "Ye Shall Be Judged -- Not". Archived from the original on Feb 18, 2022 – via The Washington Post.
- ^ "Michigan Appeals Reports Vol. 280" (PDF).
- ^ "Roll Call Vote 110th Congress - 2nd Session - On the Nomination (Confirmation Helene N. White, of Michigan, to be US Circuit Judge)". U.S. Senate. Archived from the original on Jun 26, 2008.
- ^ Rubin, Jordan S. (December 14, 2021). "Three Appeals Court Seats to Open for Biden Nominations". Bloomberg Law. Retrieved April 4, 2023.
- ^ Raymond, Nate (December 14, 2021). "Biden gets three seats to fill on 4th, 6th Circuits as judges take senior status". Reuters. Retrieved April 4, 2023.
- ^ Helene White at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
External links
[edit]- Helene White at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Michigan Court of Appeals bio
- Bray, Thomas J., "Judges and Grudges: Michigan's Democratic senators seek payback," The Wall Street Journal, December 4, 2001.
- Thomas, Ken, "Bush nominates Michigan appellate judge to 6th Circuit slot," The Associated Press, April 15, 2008.
- Egan, Paul, and Trowbridge, Gordon, "U.S. Attorney in Detroit nominated to federal bench," The Detroit News, April 15, 2008.
- Thomas, Ken, "GOP senators question quick action on judicial nominee," AP Google, May 7, 2008.
Helene White
View on Grokipediafrom Grokipedia
Early Life and Education
Upbringing and Family Background
Helene N. White was born on December 2, 1954, in Jackson Heights, Queens, New York City. She is a native of Jackson Heights, a suburban neighborhood characterized by its middle-class residential areas and ethnic diversity during the mid-20th century.[3] Public records provide scant details on her immediate family or specific childhood experiences, with no verifiable information on her parents' occupations, heritage, or siblings emerging from official judicial biographies or contemporaneous accounts.[2] White's early life appears to have been rooted in the New York metropolitan area prior to her pursuit of higher education.[1]Academic and Professional Preparation
Helene N. White received her Bachelor of Arts degree from Barnard College in 1975.[2][3] She then attended the University of Pennsylvania Law School, earning her Juris Doctor in 1978.[2][6] Upon completing law school, White clerked for two years with Justice Charles Levin of the Michigan Supreme Court, gaining foundational experience in appellate judicial processes and state constitutional law.[1] This clerkship provided her with direct exposure to high-level legal analysis and opinion drafting, preparing her for subsequent roles in litigation and adjudication.[7]Pre-Judicial Legal Career
Private Practice and Pro Bono Work
Helene N. White began her legal career immediately after graduating from the University of Pennsylvania Law School in 1978 by serving as a law clerk to Justice Charles L. Levin of the Michigan Supreme Court from 1978 to 1980.[2] She was admitted to the Michigan bar on February 14, 1979, during this clerkship period.[8] White did not engage in private practice following her bar admission; instead, her early professional experience centered on the judicial clerkship, which provided direct exposure to appellate decision-making in state supreme court matters.[2] [9] In 1980, while still clerking, she successfully ran for election as a judge on the Common Pleas Court for the City of Detroit, a position she assumed that year and which was redesignated as part of the 36th District Court of Michigan in 1981.[4] This early transition from clerkship to the bench reflects a career path oriented toward public judicial service rather than firm-based litigation or transactional work.[7] No specific instances of pro bono representation or volunteer legal services by White prior to her 1980 election are documented in official judicial biographies or government records.[2] Her clerkship role, however, involved assisting in the review and disposition of cases that inherently advanced access to justice through appellate oversight, though this did not constitute traditional pro bono advocacy on behalf of indigent clients.[10]State Judicial Service
Michigan Court of Appeals Tenure
Helene N. White was elected to the Michigan Court of Appeals in the nonpartisan general election on November 3, 1992, and took office on January 1, 1993.[1] She was assigned to the court's First District, which exercises appellate jurisdiction over cases originating from Wayne and Monroe counties.[11] Michigan Court of Appeals judges serve staggered six-year terms, with retention or re-election determined by nonpartisan ballot. White secured re-election in 1998 and again in 2004, each time for full six-year terms without specified opposition details in public records.[13] Her tenure concluded on August 12, 2008, upon resignation to join the United States Court of Appeals for the Sixth Circuit following Senate confirmation.[2] Over her 15 years of service, White reviewed appeals in civil, criminal, and administrative matters as part of three-judge panels, upholding the court's mandate to correct legal errors from lower tribunals while deferring to trial court findings of fact unless clearly erroneous.[14]Notable State-Level Decisions
One notable decision in which White participated was People v. Ryan, an unpublished per curiam opinion of the Michigan Court of Appeals affirmed by the panel the trial court's dismissal of charges against a defendant for delivery of marijuana on grounds of prosecutorial vindictiveness following a federal referral after dropped federal charges.[14] The Michigan Supreme Court reversed in 1996, holding that the referral did not constitute vindictiveness and reinstating the charges, with three justices dissenting.[15] In People v. Hansford (after remand), White joined a panel that deemed a 40- to 60-year sentence for armed robbery disproportionate, vacating it in favor of resentencing.[14] The Michigan Supreme Court reversed in 1997, upholding the original sentence as proportionate under state guidelines.[16] White also concurred in a 2008 decision upholding a Michigan regulatory ban on insurers using credit scores as an unapproved rating factor for determining premiums, rejecting challenges from the Insurance Institute of Michigan that argued the practice was actuarially sound and non-discriminatory.[17] The panel enforced the Insurance Commissioner's interpretation of state law prohibiting such factors absent explicit approval, emphasizing statutory limits on private rating methodologies.[18] In criminal appeals, White authored dissents advocating for evidentiary hearings on claims of ineffective assistance of counsel, as in People v. Harris (2004), where she would have remanded for a Ginther hearing to assess trial errors potentially warranting relief.[19] Such positions aligned with her broader participation in over 1,000 opinions during her 15-year tenure, though specific reversal rates for panels including White were highlighted in federal confirmation proceedings as evidencing interpretive divergences from the state high court.[14]Federal Nomination Process
Initial Nomination Under President Clinton
On January 7, 1997, President Bill Clinton nominated Helene N. White, then a judge on the Michigan Court of Appeals, to the United States Court of Appeals for the Sixth Circuit to fill a vacancy designated as vice Damon J. Keith, who had announced plans associated with retirement proceedings.[3][20] The nomination arrived in the Senate during the 105th Congress, controlled by Republicans following the 1994 midterm elections, with Orrin Hatch (R-UT) chairing the Judiciary Committee.[21] White's nomination received no committee hearing or floor consideration, reflecting broader partisan gridlock over appellate court selections where Senate Republicans scrutinized Clinton nominees for perceived ideological leanings, including White's background in Democratic-aligned legal circles in Michigan.[3] Michigan's Senate delegation at the time included Democrat Carl Levin and Republican Spencer Abraham, but blue-slip traditions for circuit nominees did not advance the process amid objections to filling seats in circuits viewed as understaffed yet ideologically contested.[20] On October 21, 1998, the nomination lapsed and was returned to the president under Senate Rule XXXI, which automatically discharges unacted-upon nominations at session's end.[21] This initial effort marked the start of repeated attempts under Clinton, with White renominated in the 106th Congress on January 26, 1999, and again in the 107th on January 3, 2001, before withdrawal on March 19, 2001, yielding no confirmation as Republican control and end-of-term dynamics stalled progress.[22][2] The unconfirmed status left the Sixth Circuit vacancy open, contributing to caseload pressures in the Midwest circuit covering Michigan, Ohio, Kentucky, and Tennessee.[3]Renomination and Confirmation Under President Bush
President George W. Bush nominated Helene N. White on April 15, 2008, to the United States Court of Appeals for the Sixth Circuit for the seat vacated by Judge Susan Bieke Neilson, who took senior status in 2006.[2][3] This followed White's unconfirmed nomination by President Bill Clinton in 1997 to a different Sixth Circuit vacancy created by Judge Damon J. Keith's retirement, which expired without Senate action amid partisan gridlock.[2][3] White's nomination received a hearing before the Senate Judiciary Committee on May 7, 2008, alongside nominees Raymond Kethledge and Stephen Murphy for the same circuit. The committee advanced her nomination on June 12, 2008, by an 11-8 vote, with Republican Senator Orrin Hatch joining Democrats in support.[23] The full Senate confirmed White on June 24, 2008, by a 63-32 vote, with all 32 opposing votes cast by Republicans, reflecting concerns over her perceived liberal judicial philosophy despite Bush's nomination.[24][3] She received her judicial commission on August 8, 2008, and was sworn in shortly thereafter.[3] The confirmation marked a rare bipartisan endorsement for a circuit court seat, as White had been pending for over a decade across two administrations.[14]Federal Judicial Service
Appointment to the Sixth Circuit
President George W. Bush nominated Helene N. White on April 15, 2008, to serve as a United States Circuit Judge for the Sixth Circuit, filling the vacancy created by the departure of Susan Bieke Neilson.[2][6] White, who had served on the Michigan Court of Appeals since 1992, underwent Senate Judiciary Committee hearings where her qualifications, including her state judicial experience and prior nomination by President Bill Clinton to the same circuit in 1997 (which lapsed without confirmation), were reviewed.[6][14] The Senate confirmed White on June 24, 2008, by a recorded vote of 63-32, with all Democrats present voting in favor and opposition coming primarily from Republicans.[24] She received her commission on August 8, 2008, marking her assumption of duties on the Sixth Circuit, which covers Michigan, Ohio, Kentucky, and Tennessee.[25] This appointment followed a decade-long vacancy in the seat, highlighting delays in the federal judicial confirmation process during the intervening administrations.[2]Transition to Senior Status
On December 14, 2021, White announced her intention to assume senior status upon the Senate confirmation of a successor to fill her seat on the Sixth Circuit.[26] The announcement created a vacancy for President Joe Biden to nominate a replacement, aligning with longstanding practice where judges step to senior status to facilitate new appointments while continuing service.[26] White's successor, Stephanie Dawkins Davis, a U.S. magistrate judge for the Eastern District of Michigan, was nominated by Biden on January 19, 2022, and confirmed by the Senate on May 24, 2022, by a vote of 53-45.[27][3] White formally assumed senior status on June 13, 2022, after more than 13 years of active service on the Sixth Circuit since her 2008 commission.[2][3] In senior status, White retains full salary and judicial authority but handles a lighter caseload, typically chosen voluntarily, enabling her to continue contributing to the court's docket while reducing full-time obligations.[2]Judicial Record and Philosophy
Majority Opinions and Conservative Alignments
In United States v. Fields, 59 F.4th 218 (6th Cir. 2022), White authored the majority opinion vacating a defendant's 25-year mandatory minimum sentence enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). The court strictly construed the term "involving" in the definition of a "serious drug offense," 18 U.S.C. § 924(e)(2)(A)(ii), adopting a "necessarily entails" standard over a broader "related to" interpretation from prior circuit precedent. This textualist approach limited the enhancement's application to the defendant's prior Kentucky methamphetamine precursor conviction, which did not categorically require manufacturing or distribution, reflecting a conservative emphasis on precise statutory interpretation to constrain expansive federal sentencing authority.[28] White joined the majority in Cuyahoga County v. Cochran, No. 20-4144 (6th Cir. Feb. 8, 2021) (unpublished), which rejected a challenge to Ohio's public records law exemptions and upheld state sovereignty against federal overreach claims, aligning with conservative federalism principles by deferring to state legislative judgments on disclosure limits. The decision emphasized textual limits on statutory mandates, declining to impose broader transparency requirements absent clear congressional intent. In criminal procedure matters, White's majority opinion in United States v. White, No. 22-3448 (6th Cir. Jan. 31, 2023) (unpublished), upheld a defendant's designation as an armed career criminal based on prior Ohio convictions, applying categorical analysis under Descamps v. United States, 570 U.S. 254 (2013), to affirm the sentencing enhancement. This deferred to the district court's factual findings and statutory matching, consistent with conservative preferences for upholding convictions through rigorous but non-expansive doctrinal application rather than remanding for evidentiary leniency.[29] White participated in panels narrowing agency deference in criminal contexts, as in United States v. Riccardi, 989 F.3d 372 (6th Cir. 2021), where the court limited Chevron deference for ATF interpretations of firearm statutes, requiring clear statutory authority for regulations with penal consequences. This textualist restraint on administrative power echoes conservative skepticism of agency overreach, prioritizing congressional intent over deference. Her alignments often occur in unanimous or bipartisan panels, including with Republican appointees like Judges Kethledge and Bush, on issues of statutory clarity and procedural finality, though such instances are outnumbered by liberal-leaning dissents in social policy cases. Analyses of her record, drawing from case votes, place her moderately left of center overall but with notable conservative votes in sentencing and administrative law.[3]Dissents and Liberal-Leaning Positions
During her tenure on the United States Court of Appeals for the Sixth Circuit, Judge Helene White has authored a significant number of dissenting opinions, ranking second among active judges in dissent frequency from 2018 to 2023, behind only Judges Karen Nelson Moore and Eric L. Clay, both Democratic appointees.[30] This pattern reflects her tendency to diverge from the court's conservative majority, composed predominantly of Republican appointees, on issues involving individual rights and administrative deference. In L.W. ex rel. Williams v. Skrmetti (2023), White dissented from the majority's decision to uphold Tennessee's and Kentucky's prohibitions on medical interventions such as puberty blockers and hormone therapy for minors diagnosed with gender dysphoria.[31] She argued that the statutes facially discriminate on the basis of sex and gender nonconformity by denying transgender minors access to treatments available to cisgender minors for analogous conditions like precocious puberty, thereby triggering intermediate scrutiny under the Equal Protection Clause of the Fourteenth Amendment.[31] White further contended that the laws infringe on parents' fundamental right to make medical decisions for their children, a liberty interest rooted in historical tradition and protected by due process precedents such as Troxel v. Granville (2000), and that the bans fail strict scrutiny as they are not narrowly tailored to compelling state interests in child welfare.[31] The Supreme Court later affirmed the Sixth Circuit's majority in 2025, holding no fundamental right exists to such interventions.[32] White issued another notable dissent in Gore v. Lee (2024), challenging Tennessee's policy barring transgender individuals from amending the sex designation on birth certificates to reflect their gender identity.[33] She maintained that the policy constitutes sex-based discrimination by conditioning amendments on biological sex at birth—specifically genitalia—while permitting other vital record changes, thus warranting intermediate scrutiny and lacking an "exceedingly persuasive justification" tied to interests like record accuracy or public health.[33] Additionally, White asserted a due process violation through compelled disclosure of transgender status, which outs individuals and heightens risks of harassment or violence, implicating privacy rights in personal medical and identity information as recognized in Sixth Circuit cases like Kallstrom v. City of Columbus (1998).[33] In a case limiting the scope of Chevron deference to administrative agencies, White dissented, opposing the majority's narrowing of judicial deference to agency interpretations of ambiguous statutes and arguing for preservation of established administrative law principles.[3] These positions align with broader liberal emphases on heightened scrutiny for classifications affecting marginalized groups and robust protections for parental autonomy and privacy against state restrictions.Controversies and Criticisms
Financial Conflicts of Interest
In 2012, Helene White filed a financial disclosure report listing extensive holdings across numerous companies, spanning 40 pages and including investments in entities such as Priceline.com (valued up to $50,000).[34] [35] A 2014 analysis by the Center for Public Integrity identified five instances in which White's personal financial interests overlapped with cases assigned to her on the Sixth Circuit, where she participated in decisions without recusal despite federal ethics rules requiring judges to disqualify themselves from matters involving companies in which they hold stock.[34] [36] One documented case involved White's undisclosed ownership of Priceline.com stock during a 2012 three-judge panel decision concerning the company; White later stated in correspondence that she had not realized the holding existed at the time, though the ruling aligned with her financial interest.[34] In two of the five overlapping cases examined, White's opinions favored the companies in which she held investments, potentially benefiting her portfolio.[34] These disclosures highlighted broader concerns about judicial compliance with 28 U.S.C. § 455, which mandates recusal to avoid even the appearance of impropriety from financial stakes exceeding minimal thresholds.[34] A more recent example emerged in a Walmart wrongful death appeal, where White owned stock in the retailer while authoring the majority opinion that reversed a district court's dismissal, ruling against Walmart on April 22, 2023.[37] The conflict was later identified post-ruling, prompting the Sixth Circuit to vacate the decision and reassign the case to a new panel to address the disqualification issue under judicial ethics guidelines.[37] White's annual financial disclosure forms, publicly available through the judiciary's database, continue to reveal diversified stock positions, though no further recusal lapses have been publicly reported beyond these instances.[38]Rulings on Social Issues and Parental Rights
In L.W. v. Skrmetti (2023), White dissented from the Sixth Circuit's denial of a preliminary injunction against Tennessee's Senate Bill 1, which prohibits healthcare providers from performing gender transition procedures on minors, including puberty blockers, hormone therapy, and surgeries intended to enable physical transition from one biological sex to another.[31] She argued that the law discriminates on the basis of sex and gender nonconformity, violates the Equal Protection Clause of the Fourteenth Amendment, and intrudes upon parents' fundamental right to make medical decisions for their children, a liberty interest recognized in cases such as Troxel v. Granville (2000).[31] White contended that the state's interest in protecting minors from irreversible treatments did not justify overriding parental authority, emphasizing that parents, not the government, bear primary responsibility for child welfare decisions absent clear evidence of harm.[31] White reiterated similar concerns in her dissent in B.P.J. v. West Virginia State Board of Education (2024), joined by other circuits' judges in related transgender policy challenges, where she viewed state restrictions on gender identity expression in schools as infringing on both individual rights and familial decision-making autonomy.[39] In a separate ruling on Tennessee's policy barring changes to sex designations on birth certificates for transgender individuals, White dissented again in 2024, asserting that such classifications based on biological sex at birth overlook evolving medical understandings of gender dysphoria and potentially limit parental input in documenting a child's identity.[33] On broader LGBTQ-related issues, White authored the majority opinion in Ermold v. Davis (2025), affirming damages against former Rowan County clerk Kim Davis for denying marriage licenses to same-sex couples in violation of Obergefell v. Hodges (2015), though she questioned the scope of emotional distress awards during oral arguments, highlighting tensions between religious objections and equal protection mandates.[40] Her positions in these cases align with a deference to parental autonomy in medical and identity matters, contrasting with majority holdings that deferred to legislative judgments on youth protections, amid ongoing debates over the efficacy and risks of gender-affirming interventions supported by sources like the American Academy of Pediatrics but critiqued in reviews such as the Cass Report (2024) for insufficient long-term evidence.[31] No prominent Sixth Circuit rulings by White address abortion rights or affirmative action directly.References
- https://ballotpedia.org/Michigan_First_District_Court_of_Appeals