Henry Saad
Encyclopedia
Henry William Saad is a judge
on the Michigan Court of Appeals
and a former nominee to the United States Court of Appeals for the Sixth Circuit
. He was born in Detroit
, Michigan
.
School of Business with honors and his law degree from Wayne State University, magna cum laude. He was a partner at Dickinson, Wright, Moon, Van Dusen & Freeman, where he practiced law for twenty years. He was also an arbitrator for the Michigan Employment Relations Commission and a hearing referee for the Michigan Department of Civil Rights
.
On October 2, 1992, President George H.W. Bush nominated Saad to a seat on the United States District Court for the Eastern District of Michigan
, but the Democrat-controlled Senate Judiciary Committee of the 102nd Congress failed to give him a hearing and let his nomination lapse.
Saad was appointed to the Michigan Court of Appeals in 1994, was elected for a six-year term in 1996, and was re-elected to a six-year term in 2002.
to a seat on the United States Court of Appeals for the Sixth Circuit
vacated by the Judge James L. Ryan
who had taken senior status
. On the same day, Bush also nominated David W. McKeague and Susan Bieke Neilson
to Michigan seats on the Sixth Circuit. On June 26, 2002, Bush nominated Richard Allen Griffin
to a fourth Michigan seat on the Sixth Circuit. During the Democrat-controlled 107th Congress, all four nominations were stalled in the Senate Judiciary Committee by then chairman, Senator Patrick Leahy
, D-VT.
In the 2002 midterm congressional elections, the Republicans regained control of the Senate. During the new 108th Congress, Senator Orrin Hatch
, R-UT, the new Republican chairman of the Senate Judiciary Committee began to process the previously blocked four nominees. In March 2003, Michigan's two Democratic senators, Carl Levin
and Debbie Stabenow
announced that they would blue-slip all Bush judicial nominees from Michigan because Bush refused to renominate Helene White
and Kathleen McCree Lewis
, two Michigan nominees to the Sixth Circuit whose nominations the Senate Republicans had refused to process during President Bill Clinton
's second term. Helene White at the time was married to Levin's cousin.
Contrary to Levin's and Stabenow's wishes, Hatch gave Saad, McKeague and Griffin committee hearings, and passed the three nominees out of committee. Furious, Levin and Stabenow convinced their caucus to filibuster the three in order to prevent them from having confirmation votes.
The Senate Republicans increased their numbers in the 109th Congress. Tensions between the Republicans and Democrats rose dramatically as the Republicans sought to break the filibusters of ten Bush court of appeals nominees (including Saad, McKeague and Griffin) by using the nuclear option
. During a debate concerning filibusters and the nuclear option, Judge Saad was accused by Sen. Harry Reid
(D-Nevada) of having a background that had some national security concerns, apparently in violation of various Senate rules (Senate Rule 29, Section 5). Various pundits condemned Sen. Reid for these remarks about a confidential security relationship, comparing it to the Valerie Plame affair within the Bush administration.
In order to defuse the explosive situation concerning the use of the nuclear option and Democrats' obstruction of President Bush's judicial nominations
, fourteen moderate Republican and Democratic senators called the Gang of 14
joined together to forge an agreement to guarantee certain filibustered nominations up or down votes. Henry Saad and William Myers, however, were expressly excluded from the guarantee. Saad was excluded due to further opposition from Levin and Stabenow because he had angered Stabenow in September 2003 by sending out an e-mail critical of her participation in his original obstruction. In the e-mail, Saad wrote to a supporter about Stabenow, "This is the game they play. Pretend to do the right thing while abusing the system and undermining the constitutional process. Perhaps some day she will pay the price for her misconduct." Stabenow became aware of the e-mail when Saad accidentally sent it not only to the supporter but also to Stabenow's office. .
On March 23, 2006, with no hope of a confirmation vote, Saad withdrew his nomination. His 2001-2006 nomination is one of the longest nominations never acted upon by the Senate. His nomination was later replaced by that of Raymond Kethledge
, who was only confirmed in 2008 after Bush agreed to renominate Helene White
, now divorced from Levin's cousin, to the Sixth Circuit.
appointed Judge Saad to a two-year term as chief judge of the Court of Appeals beginning January 1, 2008.
He is an adjunct professor at the University of Detroit/Mercy School of Law and Wayne State University
Law School, where he teaches Evidence and Professional Responsibility, respectively. Judge Saad serves on the boards of Detroit Public Television, the American Heart Association
and Brother Rice High School.
Saad's wife, attorney Mara Letica Saad, was nominated by President George H.W. Bush in 1992 to be ambassador to Croatia
. The nomination came late in Bush's presidency, however, and never was acted upon by the United States Senate
before Bush's presidency ended. President Bill Clinton
chose not to renominate her.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
on the Michigan Court of Appeals
Michigan Court of Appeals
The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965...
and a former nominee to the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
. He was born in Detroit
Detroit, Michigan
Detroit is the major city among the primary cultural, financial, and transportation centers in the Metro Detroit area, a region of 5.2 million people. As the seat of Wayne County, the city of Detroit is the largest city in the U.S. state of Michigan and serves as a major port on the Detroit River...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
.
Background
Judge Saad received his bachelor's degree from Wayne State UniversityWayne State University
Wayne State University is a public research university located in Detroit, Michigan, United States, in the city's Midtown Cultural Center Historic District. Founded in 1868, WSU consists of 13 schools and colleges offering more than 400 major subject areas to over 32,000 graduate and...
School of Business with honors and his law degree from Wayne State University, magna cum laude. He was a partner at Dickinson, Wright, Moon, Van Dusen & Freeman, where he practiced law for twenty years. He was also an arbitrator for the Michigan Employment Relations Commission and a hearing referee for the Michigan Department of Civil Rights
Michigan Department of Civil Rights
Michigan Department of Civil Rights is a department of the Michigan State Government formed in 1965 to support the work of the Michigan Civil Rights Commission of Michigan's Constitution of 1963.-History:...
.
On October 2, 1992, President George H.W. Bush nominated Saad to a seat on the United States District Court for the Eastern District of Michigan
United States District Court for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron...
, but the Democrat-controlled Senate Judiciary Committee of the 102nd Congress failed to give him a hearing and let his nomination lapse.
Saad was appointed to the Michigan Court of Appeals in 1994, was elected for a six-year term in 1996, and was re-elected to a six-year term in 2002.
Sixth Circuit nomination under Bush
On November 8, 2001, Saad was nominated by President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to a seat on the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
vacated by the Judge James L. Ryan
James L. Ryan
James Leo Ryan is a former Judge of the United States Court of Appeals for the Sixth Circuit.-Biography:...
who had taken senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. On the same day, Bush also nominated David W. McKeague and Susan Bieke Neilson
Susan Bieke Neilson
Susan Bieke Neilson was a federal judge on the United States Court of Appeals for the Sixth Circuit, and before that, a state trial judge in Michigan.- Background :...
to Michigan seats on the Sixth Circuit. On June 26, 2002, Bush nominated Richard Allen Griffin
Richard Allen Griffin
Richard Allen Griffin is a federal judge on the United States Court of Appeals for the Sixth Circuit. Previously, he was a judge on the Michigan Court of Appeals.- Background :...
to a fourth Michigan seat on the Sixth Circuit. During the Democrat-controlled 107th Congress, all four nominations were stalled in the Senate Judiciary Committee by then chairman, Senator Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
, D-VT.
In the 2002 midterm congressional elections, the Republicans regained control of the Senate. During the new 108th Congress, Senator Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
, R-UT, the new Republican chairman of the Senate Judiciary Committee began to process the previously blocked four nominees. In March 2003, Michigan's two Democratic senators, Carl Levin
Carl Levin
Carl Milton Levin is a Jewish-American United States Senator from Michigan, serving since 1979. He is the Chairman of the Senate Committee on Armed Services. He is a member of the Democratic Party....
and Debbie Stabenow
Debbie Stabenow
Deborah Ann Greer "Debbie" Stabenow is the junior United States Senator from Michigan and a member of the Democratic Party. Before her election to the U.S. Senate, she was a member of the United States House of Representatives, representing Michigan's 8th congressional district from 1997 to 2001...
announced that they would blue-slip all Bush judicial nominees from Michigan because Bush refused to renominate Helene White
Helene White
Helene N. White is a federal judge on the United States Court of Appeals for the Sixth Circuit. Previously, she was a judge on the Michigan Court of Appeals.- Background :...
and Kathleen McCree Lewis
Kathleen McCree Lewis
Kathleen McCree Lewis was an American lawyer and former federal judicial nominee to the United States Court of Appeals for the Sixth Circuit.- Early life and education :Lewis was born in Boston...
, two Michigan nominees to the Sixth Circuit whose nominations the Senate Republicans had refused to process during President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
's second term. Helene White at the time was married to Levin's cousin.
Contrary to Levin's and Stabenow's wishes, Hatch gave Saad, McKeague and Griffin committee hearings, and passed the three nominees out of committee. Furious, Levin and Stabenow convinced their caucus to filibuster the three in order to prevent them from having confirmation votes.
The Senate Republicans increased their numbers in the 109th Congress. Tensions between the Republicans and Democrats rose dramatically as the Republicans sought to break the filibusters of ten Bush court of appeals nominees (including Saad, McKeague and Griffin) by using the nuclear option
Nuclear option
In U.S. politics, the "nuclear option" allows the United States Senate to reinterpret a procedural rule by invoking the argument that the Constitution requires that the will of the majority be effective on specific Senate duties and procedures...
. During a debate concerning filibusters and the nuclear option, Judge Saad was accused by Sen. Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
(D-Nevada) of having a background that had some national security concerns, apparently in violation of various Senate rules (Senate Rule 29, Section 5). Various pundits condemned Sen. Reid for these remarks about a confidential security relationship, comparing it to the Valerie Plame affair within the Bush administration.
In order to defuse the explosive situation concerning the use of the nuclear option and Democrats' obstruction of President Bush's judicial nominations
George W. Bush judicial appointment controversies
During President George W. Bush's two term tenure in office, he nominated thirty-nine people for twenty-seven different federal appellate judgeships that were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor using a filibuster....
, fourteen moderate Republican and Democratic senators called the Gang of 14
Gang of 14
The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...
joined together to forge an agreement to guarantee certain filibustered nominations up or down votes. Henry Saad and William Myers, however, were expressly excluded from the guarantee. Saad was excluded due to further opposition from Levin and Stabenow because he had angered Stabenow in September 2003 by sending out an e-mail critical of her participation in his original obstruction. In the e-mail, Saad wrote to a supporter about Stabenow, "This is the game they play. Pretend to do the right thing while abusing the system and undermining the constitutional process. Perhaps some day she will pay the price for her misconduct." Stabenow became aware of the e-mail when Saad accidentally sent it not only to the supporter but also to Stabenow's office. .
On March 23, 2006, with no hope of a confirmation vote, Saad withdrew his nomination. His 2001-2006 nomination is one of the longest nominations never acted upon by the Senate. His nomination was later replaced by that of Raymond Kethledge
Raymond Kethledge
Raymond M. Kethledge is a federal judge on the United States Court of Appeals for the Sixth Circuit.- Background :...
, who was only confirmed in 2008 after Bush agreed to renominate Helene White
Helene White
Helene N. White is a federal judge on the United States Court of Appeals for the Sixth Circuit. Previously, she was a judge on the Michigan Court of Appeals.- Background :...
, now divorced from Levin's cousin, to the Sixth Circuit.
Current life
In November 2007, the Michigan Supreme CourtMichigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
appointed Judge Saad to a two-year term as chief judge of the Court of Appeals beginning January 1, 2008.
He is an adjunct professor at the University of Detroit/Mercy School of Law and Wayne State University
Wayne State University
Wayne State University is a public research university located in Detroit, Michigan, United States, in the city's Midtown Cultural Center Historic District. Founded in 1868, WSU consists of 13 schools and colleges offering more than 400 major subject areas to over 32,000 graduate and...
Law School, where he teaches Evidence and Professional Responsibility, respectively. Judge Saad serves on the boards of Detroit Public Television, the American Heart Association
American Heart Association
The American Heart Association is a non-profit organization in the United States that fosters appropriate cardiac care in an effort to reduce disability and deaths caused by cardiovascular disease and stroke. It is headquartered in Dallas, Texas...
and Brother Rice High School.
Saad's wife, attorney Mara Letica Saad, was nominated by President George H.W. Bush in 1992 to be ambassador to Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
. The nomination came late in Bush's presidency, however, and never was acted upon by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
before Bush's presidency ended. President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
chose not to renominate her.
See also
- Bill Clinton judicial appointment controversies
- George W. Bush judicial appointment controversiesGeorge W. Bush judicial appointment controversiesDuring President George W. Bush's two term tenure in office, he nominated thirty-nine people for twenty-seven different federal appellate judgeships that were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor using a filibuster....
- filibuster
- cloture
- nuclear optionNuclear optionIn U.S. politics, the "nuclear option" allows the United States Senate to reinterpret a procedural rule by invoking the argument that the Constitution requires that the will of the majority be effective on specific Senate duties and procedures...
- Gang of 14Gang of 14The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...