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Raymond Kethledge

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Raymond Kethledge

Raymond Michael Kethledge (born December 11, 1966) is a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He was appointed by President George W. Bush in 2008. Kethledge appeared on Donald Trump's list of potential Supreme Court of the United States nominees in 2016, and was described by press reports as a finalist in President Trump's nomination to replace Anthony Kennedy on the court.

Kethledge was born in Summit, New Jersey, the son of Diane and Ray Kethledge. His paternal grandfather was Raymond W. Ketchledge, an engineer who invented an acoustically guided torpedo that was used to sink dozens of German U-boats during World War II.

Kethledge grew up in Michigan, and has since lived in Michigan, with the exception of the three years he worked while in Washington, D.C. Kethledge graduated from Birmingham Groves High School in the Birmingham Public School District. He attended the University of Michigan, graduating in 1989 with a Bachelor of Arts degree in history. He then attended the University of Michigan Law School, graduating in 1993 ranked second in his class with a Juris Doctor, magna cum laude. He is a member of the Republican Party.

After graduating from law school, Kethledge clerked for Judge Ralph B. Guy Jr. of the U.S. Court of Appeals for the Sixth Circuit from 1994 to 1995. After finishing his clerkship, he served as judiciary counsel to Michigan Senator Spencer Abraham from 1995 to 1997. Following that, Kethledge clerked for Associate Justice Anthony Kennedy of the Supreme Court of the United States from 1997–1998, where he worked alongside Stephanos Bibas in Justice Kennedy's chambers. Other notable clerks during the same term were Mary-Rose Papandrea and Sri Srinivasan, for Justices Souter and O'Connor, respectively.

After completing his Supreme Court clerkship, Kethledge returned to Michigan in 1998 to join the law firm of Honigman, Miller, Schwartz & Cohn, where he became a partner. In 2001, he joined Ford Motor Company as in-house counsel in the company's Dearborn headquarters. He later joined Feeney, Kellett, Wienner & Bush as a partner. In 2003, Kethledge co-founded a boutique law firm, now known as Bush, Seyferth & Paige, with its office in Troy, Michigan. In addition to his duties as a federal judge, Kethledge has taught courses at the University of Michigan Law School, including "Fundamentals of Appellate Practice," which focuses on the elements of good legal writing, and Federal Courts.

Kethledge was first nominated to the United States Court of Appeals for the Sixth Circuit by President George W. Bush on June 28, 2006, to replace Judge James L. Ryan. From November 2001 to March 2006, Henry Saad had been nominated to the seat, but he had been filibustered by the Senate Democrats and later withdrew. Kethledge's nomination lapsed when the 109th Congress adjourned in December 2006. Bush again nominated Kethledge on March 19, 2007. However, his nomination stalled for over a year due to opposition from Michigan's two Democratic Senators, Carl Levin and Debbie Stabenow.

In April 2008, the Bush Administration struck a deal with Levin and Stabenow to break the logjam on judicial nominees to federal courts in Michigan. In exchange for Levin and Stabenow supporting Kethledge's nomination (and that of United States Attorney Stephen J. Murphy III to a district court position), Bush also nominated Democratic Michigan state judge Helene White, a former Clinton nominee to the Sixth Circuit who had been married to Levin's cousin at the time of her first nomination. Soon afterwards, Kethledge, White, and Murphy were all nominated as a bipartisan package of nominees and granted a joint hearing before the Senate Judiciary Committee on May 7, 2008. Kethledge was voted out of committee by voice vote on June 12, 2008. On June 24, 2008, he was confirmed by voice vote, almost exactly two years after his original nomination. He received his commission on July 7, 2008.

In 2014, The Wall Street Journal's 'Review & Outlook' editorial described Kethledge's ruling in EEOC v. Kaplan as the "Opinion of the Year". In 2016, in another 'Review & Outlook' editorial, the Wall Street Journal cited Kethledge's opinion in In re United States, 817 F.3d 953 (6th Cir. 2016), saying: "Writing for a unanimous three-judge panel, Judge Raymond Kethledge dismantled that argument and excoriated the IRS for stonewalling..." Commentators have noted that Kethledge has "broadly criticized judicial deference and specifically criticized deference to federal agencies under Chevron" and "has set himself apart as a dedicated defender of the Constitution's structural protections."

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