Cornelia Thayer Livingston Pillard

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American federal judge (born 1961)

Cornelia Thayer Livingston Pillard (born 1961), known professionally as Nina Pillard, is an American lawyer and jurist serving since 2013 as a U.S. circuit judge of the United States Court of Appeals for the District of Columbia Circuit . Before becoming a judge, Pillard was a law professor at Georgetown University .

Pillard served as a Deputy Assistant Attorney General and Assistant to the United States Solicitor General . At the time of her confirmation to the federal bench, Pillard was a prominent U.S. Supreme Court advocate in the United States , having argued nine cases and briefed more than 25 cases before the Court.

Pillard's nomination to the D.C. Circuit, along with the nominations of Robert L. Wilkins and Patricia Millett , ultimately became central to the debate over the use of the filibuster in the United States Senate, leading to the controversial use of the nuclear option to bring it to the floor for a vote. She was confirmed by a 51–44 vote, with her detractors labeling her as one of the most liberal nominees to the federal bench in decades. Pillard has been compared to Ruth Bader Ginsburg for her civil rights advocacy, and has been mentioned as a possible Supreme Court nominee.

Early life and education

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Pillard was born in 1961, in Cambridge, Massachusetts . Her father, Richard Pillard , was a professor of psychiatry at Boston University and the first openly gay psychiatrist in the United States.

After graduating from the Commonwealth School in 1978, Pillard studied history at Yale University . She graduated in 1983 with a Bachelor of Arts , _magna cum laude _. From 1983 to 1984, Pillard was a researcher and office assistant in the Beijing office of the Asia bureau of _Newsday _. She then attended Harvard Law School , where she was an editor of the _Harvard Law Review _. She graduated in 1987 with a Juris Doctor , magna cum laude.

Professional career

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Pillard began her legal career in 1987 as a law clerk for Judge Louis H. Pollak of the United States District Court for the Eastern District of Pennsylvania . Pollak was a former dean of both Yale and Penn Law Schools .

After her clerkship, Pillard was a lawyer for the NAACP Legal Defense and Educational Fund , in New York City and Washington, D.C. , from 1988 to 1994.

In 1994, Pillard joined the Office of the Solicitor General of the United States , where she briefed and argued civil and criminal cases on behalf of the federal government before the U.S. Supreme Court . She joined the tenure-track faculty at Georgetown Law in 1997.

In 1998, Pillard was named Deputy Assistant Attorney General for the U.S. Department of Justice 's Office of Legal Counsel . That office provides authoritative legal advice to the President and all the Executive Branch agencies, including review of all executive orders and orders of the Attorney General .

Pillard returned to Georgetown Law in 2000, where she received tenure. Pillard has taught more than a dozen different courses and seminars, and frequently teaches the core civil procedure and constitutional law courses.

Pillard also served as faculty director of Georgetown Law's Supreme Court Institute, a public service program that provides free assistance to attorneys preparing for arguments before the Supreme Court on a first-come, first-served basis. In the 2012 term, the program held moot courts for counsel in 100% of cases argued before the Court.

Boards and committees

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Pillard supports private settlement of legal disputes through negotiation, mediation and arbitration. She serves on the Executive Committee of the board of directors of the American Arbitration Association , and has been a board member there since 2005.

Pillard served as Chair and an active reader on an American Bar Association Reading Committee that evaluated all of the writings of Supreme Court nominee Samuel Alito for the ABA Standing Committee on the Federal Judiciary. The committee found Alito "well qualified" to sit on the U.S. Supreme Court.

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As a judge, Pillard extended the exclusionary rule to require police to knock-and-announce when executing an arrest warrant , over a dissent by Judge Karen L. Henderson . Judge Pillard joined Henderson when they denied a petition by Abd al-Rahim al-Nashiri to disqualify his military judges. When in _Meshal v. Higgenbotham _ (2016) Judges Janice Rogers Brown and Brett Kavanaugh threw out a claim by an American that he had been disappeared by the FBI in a Kenyan black site, Judge Pillard dissented, arguing the court should just create a new implied cause of action . When Judge Pillard's panel found that the Patient Protection and Affordable Care Act did not violate the Constitution's Origination Clause in _Sissel v. United States Department of Health & Human Services _ (2014), Judge Kavanaugh wrote a lengthy dissent from denial of an en banc rehearing.

Personal life

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Pillard is married to Georgetown law professor and current ACLU Legal Director David D. Cole and has two children, Sarah and Aidan Pillard.[_citation needed
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Selected scholarly works

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• Pillard, Cornelia T.L.; Aleinikoff, T. Alexander (1998). "Skeptical Scrutiny of Plenary Power: Judicial and Executive Branch Decision Making in Miller v. Albright" . _The Supreme Court Review _. 1998: 1–70. doi :10.1086/scr.1998.3109696 .
• Pillard, Cornelia T.L. (1999). "Taking Fiction Seriously: The Strange Results of Public Officials' Liability Under Bivens" . _Georgetown Law Journal _. 88 (1): 65–104.
• — (2005). "The Unfulfilled Promise of the Constitution in Executive Hands" . _Michigan Law Review _. 103 (4): 676–758. JSTOR   .
• — (2006). "Unitariness and Myopia: The Executive Branch, Legal Process, and Torture" . _Indiana Law Journal _. 81 (4): 1297–1312.
• — (2007). "Our Other Reproductive Choices: Equality in Sex Education, Contraceptive Access, and Work-Family Policy" . _Emory Law Journal _. 56 (4): 941–91. …