Robert L. Wilkins

Robert Leon Wilkins (born October 2, 1963) is a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.

Robert Leon Wilkins
Judge of the United States Court of Appeals for the District of Columbia Circuit
Incumbent
Assumed office January 15, 2014
Appointed by	Barack Obama
Preceded by	David B. Sentelle
Judge of the United States District Court for the District of Columbia
In office December 27, 2010 – January 24, 2014
Appointed by	Barack Obama
Preceded by	James Robertson
Succeeded by	Randolph D. Moss
Personal details
Born	October 2, 1963 Muncie, Indiana
Education	Rose-Hulman Institute of Technology (BS) Harvard Law School (JD)

Early life and education

Wilkins was born in 1963 in Muncie, Indiana,[1] where he was raised by a single mother.[2] He studied chemical engineering at Rose–Hulman Institute of Technology and graduated cum laude with a Bachelor of Science degree in 1986.[3] Wilkins then earned his Juris Doctor from Harvard Law School in 1989.[4][5]

Professional career

After completing law school, Wilkins served as a law clerk for Judge Earl B. Gilliam of the United States District Court for the Southern District of California.[6] Wilkins worked at the Public Defender Service for the District of Columbia from 1990 to 2002,[1] serving as chief of special litigation from 1996 to 2000.[4] Starting in 2002, Wilkins was a partner at the Washington, D.C. law firm of Venable LLP.[7] Wilkins was a member of the presidential commission that advised President George W. Bush on the establishment of the Smithsonian Institution's National Museum of African American History and Culture.[8] He wrote about this experience, and the long history of the project, in Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture, published in 2016.[5]

Wilkins v. Maryland State Police

In May 1992, Wilkins was in a rented vehicle with three other family members when they were pulled over by Maryland State Police for violating the speed limit.[9] At the time, the Maryland State Police Department instructed their officers to focus on black males in expensive vehicles when conducting traffic stops.[10] Democratic Governor William Donald Schaefer oversaw the Maryland State Police Department during this racial profiling era from 1987 until 1995 when he finally left office. Wilkins filed suit in the case of Wilkins v. Maryland State Police and eventually won a "landmark" settlement against the state of Maryland.[10][11] As part of the case settlement, Maryland was required to maintain records of all traffic stops that resulted in vehicle search requests.[10] The case helped bring national attention to the practice of racial profiling and helped popularize the term "driving while black".[12][13]

Federal judicial service

District court service

During the 111th Congress, Delegate Eleanor Holmes Norton recommended Wilkins for filling a vacancy on the United States District Court for the District of Columbia.[14] On May 20, 2010, President Barack Obama nominated Wilkins to a judgeship on the District Court for the District of Columbia.[4] He was confirmed by the United States Senate on December 22, 2010.[15] Wilkins received his commission on December 27, 2010.[5]

President Barack Obama delivers a statement announcing the nomination of Robert Leon Wilkins, Cornelia Pillard, and Patricia Millett

D.C. Circuit service

On June 4, 2013, President Obama nominated Wilkins to serve as a United States Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit, to the seat vacated by Judge David B. Sentelle, who took senior status on February 12, 2013.[16] On October 31, 2013, the United States Senate Committee on the Judiciary voted to report Wilkins' nomination to the floor of the United States Senate in a 10-8, party-line vote.[17] On November 14, 2013, Senate Majority Leader Harry Reid motioned to invoke cloture on Wilkins' nomination, seeking to end a filibuster of his nomination by Senate Republicans. The Senate failed to invoke cloture on November 18, 2013 by a vote of 53-38, with 1 senator voting "present".[18] Reid planned to hold a vote on Wilkins' nomination before the Senate adjourned for the year on December 20, but the vote did not take place. Cloture was subsequently invoked on January 9, 2014 by a vote of 55-38, with 1 senator voting "present". He was confirmed by the United States Senate 55-43 on January 13, 2014.[19] His confirmation marked the first time the U.S. Court of Appeals for the D.C. Circuit had a full complement of judges in over 22 years since Clarence Thomas left the court on October 23, 1991 upon his joining the United States Supreme Court. He received his commission on January 15, 2014.[5]

After the death of Justice Antonin Scalia on February 13, 2016, Wilkins' name was among those mentioned by court-watchers as a possible successor.[20][21][22]

In April 2018, Wilkins wrote for the majority when it found that a Federal Trade Commission staff letter rejecting an earlier staff letter and concluding that use of soundboard technology violates the Telemarketing and Consumer Fraud and Abuse Prevention Act was not itself subject to judicial review under the Administrative Procedure Act, over the dissent of Judge Patricia Millett.[23][24]

See also

• Barack Obama judicial appointment controversies
• Barack Obama Supreme Court candidates

References

1. Senate Judiciary Committee Questionnaire: Robert Leon Wilkins, (May 19, 2010).
2. The 90 Greatest Washington Lawyers of the last 30 Years: Robert Wilkins, Legal Times (May 19, 2008).
3. Grant Smith, Alumnus Robert Wilkins Clears Next Hurdle in Nomination to Become U.S. District Court Judge Archived March 11, 2012, at the Wayback Machine, Rose–Hulman Alumni Affairs (August 5, 2010).
4. "President Obama Names Three to United States District Court". whitehouse.gov. May 20, 2010. Archived from the original on January 17, 2016. Alt URL
5. "Wilkins, Robert Leon - Federal Judicial Center". www.fjc.gov.
6. Grant Smith, Obama Nominates Alumnus Robert Wilkins for Federal Bench in Washington, D.C., Rose–Hulman Alumni Affairs (June 1, 2010).
7. Becker, Amanda (May 31, 2010). "Venable partner nominated U.S. District Court seat". The Washington Post.
8. Lynette Clemetson, Smithsonian Picks Notable Spot for Its Museum of Black History, New York Times (January 31, 2006).
9. Muffler, Steven J (2006). Racial Profiling: Issues, Data and Analyses. Nova Science Publishers. pp. 62–63. ISBN 978-1-59454-547-4.
10. Brent Staples, Editorial Observer; Why 'Racial Profiling' Will be Tough to Fight, New York Times (May 24, 1999).
11. "ACLU, Civil Rights Groups and Maryland Officials Reach Landmark Racial Profiling Settlement". aclu.org, April 2, 2003. Retrieved December 23, 2010.
12. Racial Profiling, Transcript: NewsHour with Jim Lehrer (March 13, 2001).
13. Meeks, Kenneth (March 10, 2010). Driving While Black: What To Do If You Are A Victim of Racial Profiling. Broadway. pp. 21–38. ISBN 978-0-7679-0549-7.
14. Mike Scarcella, Venable's Robert Wilkins Nominated for Federal Bench in D.C., The Blog of Legal Times (May 20, 2010).
15. David Ingram, Senate Confirms Five Judicial Nominees, The Blog of Legal Times (December 22, 2010).
16. Shear, Michael D. (June 3, 2013). "Obama Names 3 to Top Appeals Court in Challenge to Republicans". The New York Times. Retrieved June 3, 2013.
17. "Robert Wilkins Nomination for D.C. Circuit Passes Committee".
18. "U.S. Senate Roll Call Votes 113th Congress - 1st Session". Secretary of the Senate.
19. "U.S. Senate Roll Call Votes 113th Congress - 2nd Session". Secretary of the Senate.
20. Lithwick, Dahlia (February 13, 2016). "Obama's Supreme Court Short List". Slate. Retrieved February 13, 2016.
21. The Associated Press (February 14, 2016). "Who Obama Might Nominate to Replace Scalia on Supreme Court". The New York Times. ISSN 0362-4331. Retrieved February 15, 2016.
22. "In search for Scalia's successor, Obama may see GOP opposition as incentive to select a liberal". latimes.com. Retrieved February 15, 2016.
23. Note, Recent Case: D.C. Circuit Holds that Informal Staff Letters Are Not Eligible for Judicial Review Under the Administrative Procedure Act, 132 Harv. L. Rev. 1345 (2019).
24. Soundboard Ass’n v. FTC, 888 F.3d 1261 (D.C. Cir. 2018).

External links

Media related to Robert L. Wilkins at Wikimedia Commons

• Robert L. Wilkins at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Robert Leon Wilkins at Ballotpedia
• Appearances on C-SPAN