One H.W. Bush and Two Clinton Appointees to Hear Florida Case


By Hadley Heath

The news is out. The following three judges will hear the Florida case in Atlanta's Eleventh Circuit Appeals Court:

  • Chief Judge Joel Dubina of Montgomery, appointed in 1990 by President George H.W. Bush
  • Judge Frank Hull of Atlanta appointed by President Bill Clinton in 1997
  • Judge Stanley Marcus of Miami appointed by President Bill Clinton in 1997

The full list of Eleventh Circuit judges is below.  Six of them were appointed by Republicans; five by Democrats if anyone's counting.

  • Hon. Joel F. Dubina – appointed by Bush Sr.
  • Hon. Gerald Bard Tjoflat – appointed by Ford
  • Hon. J.L. Edmondson – appointed by Reagan
  • Hon. Susan H. Black – appointed by H.W. Bush
  • Hon. Ed Carnes – appointed by H.W. Bush
  • Hon. Rosemary Barkett – appointed by Clinton
  • Hon. Frank M. Hull – appointed by Clinton
  • Hon. Stanly Marcus – appointed by Clinton
  • Hon. Charles R. Wilson – appointed by Clinton
  • Hon. William H. Pryor, Jr. – appointed by G. W. Bush
  • Hon. Beverly B. Martin – appointed by Obama

The Appellees (the 26 states, the NFIB, and two private individuals) had requested an "en banc" hearing - where all the judges would hear the case - but the Court denied this request and will proceed with the usual randomly selected three-judge panel.

This random selection isn't great news for the Appellees, who must defend Judge Roger Vinson's ruling against ObamaCare - a law sadly not free from partisan polarization.  But this is better luck than Cuccinelli had in Richmond.  No doubt he and his team are busy filing Supplemental Briefs about the Anti-Injunction Act right now (due May 31).

The Florida Case will be heard in Atlanta on June 8. 

(But not before the Thomas More Law Center appeal is heard on June 1!)

Stay tuned to for information about this case and others.


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