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Need To Replace A Legal Luminary? Look To Skadden

How much is he giving up to take a job on the Seventh Circuit?

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When Richard Posner abruptly retired from the federal judiciary, he left a giant hole in the Seventh Circuit. Despite the whining about “Democrats holding up nominees” that Republicans keep complaining about, the Senate managed to confirm his replacement — Skadden partner Michael Scudder — by a vote of 90-0 on Monday. See, this is actually easy to do when you nominate someone qualified.

As reported by Law.com, Scudder, who has been a partner at Skadden since 2009, has a practice focused on tax-related matters, accounting, and white-collar disputes. The financial disclosure forms, released as part of the confirmation process, reveal he’ll be leaving quite a bit of money on the table by moving to public service — he took home $3.06 million in partnership income for 2017 and $2.55 million for 2016.

But Scudder is no stranger to public service. After clerking for Justice Anthony Kennedy and Fourth Circuit Judge Paul Niemeyer (and a brief stint at Jones Day), he worked at the U.S. Attorney’s Office for the Southern District of New York. And he gets rave reviews for his time there:

Then-U.S. Attorney James Comey hired Scudder. Comey said of Scudder in a 2010 Chicago Lawyer profile: “He is somebody who can easily be overlooked in a crowded room of loud lawyers because he is so quiet. But once you get to know him, when Mike Scudder speaks, you shut your mouth and you listen. He’s not going to talk often, but when he talks, he’s going to say something that’s worth saying.”

Colleagues are looking forward to seeing Scudder’s tenure on the bench, citing his commitment to equal justice:

“He is an inspired choice for the Seventh Circuit, not just because of his intellect and experience—which are unparalleled—but because of his commitment to equal justice under the law,” Gregory Craig, formerly of counsel at Skadden, said in March. “Mike was born to be a judge, and we—as Americans—will all be better for his being on the bench.”

Gregory Craig now has plenty of time to give out quotes to the media.

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At Skadden, Scudder has been a big proponent of pro bono work and has been the lead partner defending University of North Carolina’s affirmative action admissions policy in a lawsuit.

Also confirmed on Monday, by a vote of 91-0, was Seventh Circuit nominee Amy St. Eve, who was elevated from her current district court position.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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