Colleen Kollar-Kotelly

What's on your ballot?

Find out with Ballotpedia's Sample Ballot Lookup tool

# Colleen Kollar-Kotelly

From Ballotpedia

Jump to: navigation, search

Colleen Kollar-Kotelly

Nonpartisan

United States District Court for the District of Columbia

Tenure

1997 - Present

Years in position

Education

Bachelor's

Catholic University of America, 1965

Law

Catholic University of America, 1968

Personal

Birthplace

New York, NY

Contact

Official website

## Contents

* 1 Early life and education
* 2 Professional career
* 3 Judicial career
* 3.1 District of Columbia
* 4 Noteworthy cases
* 4.1 Judge prevents enforcement of proposed ban on transgender military service personnel (2017)
* 4.2 Election Integrity Commission (2017)
* 4.3 Dept. of Justice challenges U.S. Airways-American Airline merger (2013-2014)
* 4.4 Guantanamo bay detainee ordered released (2009)
* 4.5 Public access to requests for Presidential clemency (2009)
* 4.6 "Muslim Mafia" author barred from publishing classified docs (2009)
* 5 See also
* 6 External links
* 7 Footnotes

Colleen Kollar-Kotelly is a federal judge on the United States District Court for the District of Columbia. She joined the court in 1997 after being nominated by President Bill Clinton.[1]

## Early life and education

A native of New York, New York, Kollar-Kotelly earned both her bachelor's degree and her J.D. from Catholic University of America in 1965 and 1968 respectively.[1]

## Professional career

* 1997-Present: Judge, United States District Court for the District of Columbia
* 1984-1997: Associate judge, Superior Court of the District of Columbia
* 1972-1984: Chief counsel, U.S. Department of Health and Human Services, St. Elizabeth's Hospital, Washington, D.C.
* 1969-1972: Attorney, criminal appeals division, U.S. Department of Justice
* 1968-1969: Law clerk, Hon. Catherine Kelly, District of Columbia Court of Appeals[1]

## Judicial career

### District of Columbia

Nomination Tracker

Nominee Information
Name: Colleen Kollar-Kotelly
Court: United States District Court for the District of Columbia
Progress
Confirmed 356 days after nomination.
ANominated: March 29, 1996
AABA Rating: Unanimously Well Qualified
AQuestionnaire:
AHearing: July 31, 1996
AQFRs: (Hover over QFRs to read more)
AReported: March 6, 1997 September 19, 1996
AConfirmed: March 20, 1997
AVote: Voice vote
AReturned: October 4, 1996

Kollar-Kotelly was nominated to the United States District Court for the District of Columbia by President Bill Clinton on January 7, 1997, to a seat vacated by Harold Greene. The American Bar Association rated Kollar-Kotelly Unanimously Well Qualified for the nomination. Hearings on Kollar-Kotelly's nomination were held before the Senate Judiciary Committee on July 31, 1996, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on September 19, 1996. Her nomination was returned to the president on October 4, 1996, pursuant to Rule XXXI, paragraph six of the standing rules of the U.S. Senate. Clinton resubmitted her nomination on January 7, 1997, and her nomination was again reported by Sen. Hatch on March 6, 1997, without hearings. Kollar-Kotelly was confirmed on a voice vote of the Senate on March 20, 1997, and she received her commission on March 26, 1997.[1][2][3][4]

## Noteworthy cases

### Judge prevents enforcement of proposed ban on transgender military service personnel (2017)

See also: United States District Court for the District of Columbia (Jane Doe 1 et al v. Donald J. Trump et al.)

On October 30, 2017, Judge Colleen Kollar-Kotelly issued a preliminary injunction preventing enforcement of a proposed ban on transgender individuals from enlisting or serving in the armed forces. The order was in reference to a presidential memorandum issued on August 25, 2017, in which President Donald Trump (R) indefinitely extended a prohibition against transgender individuals from entering the military and required the military to authorize the discharge of current transgender service members by March 23, 2018. Several unidentified prospective and current servicemembers filed a motion to prevent implementation of the memorandum, arguing that the memorandum violated the due process guarantees of the Fifth Amendment. The administration moved to dismiss, arguing that, because the memorandum had not effected a change in policy and that the policy was still under review, the court lacked jurisdiction to intervene.

Holding that the plaintiffs were likely to prevail on their Fifth Amendment claims, Judge Kollar-Kotelly rejected the government's argument that the court lacked jurisdiction. Judge Kollar-Kotelly wrote,[5]

“  |

The Memorandum unequivocally directs the military to prohibit indefinitely the accession of transgender individuals and to authorize their discharge. This decision has already been made. These directives must be executed by a date certain, and there is no reason to believe that they will not be executed. Plaintiffs have established that they will be injured by these directives, due both to the inherent inequality they impose, and the risk of discharge and denial of accession that they engender. Further delay would only serve to harm the Plaintiffs. Given these circumstances, the Court is in a position to preliminarily adjudicate the propriety of these directives, and it does so here. The Court holds that Plaintiffs are likely to succeed on their Fifth Amendment claim. ... The Court finds that a number of factors—including the sheer breadth of the exclusion ordered by the directives, the unusual circumstances surrounding the President’s announcement of them, the fact that the reasons given for them do not appear to be supported by any facts, and the recent rejection of those reasons by the military itself—strongly suggest that Plaintiffs’ Fifth Amendment claim is meritorious. [6]

| ”

|
|

Judge Kollar-Kotelly's order had the effect of reverting to the policy in existence prior to the issuance of the August 2017 memorandum.

For more, see: Federal policy on the military, 2017-2020

### Election Integrity Commission (2017)

See also: United States District Court for the District of Columbia (Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity et al., 17-1320 (CKK))

On May 11, 2017, President Donald Trump (R), by executive order, established the Presidential Advisory Commission on Election Integrity (the commission). The vice-president served as the chair of the commission and the order permitted President Trump to appoint 15 additional members. From the group of 15, the vice-president was permitted to choose a vice-chairman of the commission. Vice President Mike Pence chose Kris Kobach, Kansas Secretary of State, to serve as vice-chairman.

Pursuant to his authority as vice chairman, Kobach directed letters be sent to election officers in all 50 states and the District of Columbia requesting submission of publicly available voter roll data on three areas related to voting processes in federal elections, "including, if publicly available under the laws of [their] state, the full first and last names of all registrants, middle names or initials if available, addresses, dates of birth, political party (if recorded in your state), last four digits of social security number if available, voter history (elections voted in) from 2006 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and overseas citizen information."[7]

The Electronic Privacy Information Center (EPIC) filed a motion seeking a preliminary injunction and a temporary restraining order enjoining the commission from collecting voter roll data and to delete and disgorge any information data collected. A hearing on whether EPIC had standing to bring its suit was held on July 7, 2017. In an opinion by Judge Colleen Kollar-Kotelly issued July 24, 2017, the court held that while EPIC did have standing to seek redress of injuries allegedly suffered as a result of the commission's failure "to conduct and publish a Privacy Impact Assessment pursuant to the E-Government Act prior to initiating their collection of voter roll information," EPIC did not have standing to pursue any Constitutional or other statutory claims.

Further, the judge held that, while EPIC had standing under the E-Government Act, that law did not itself provide a means for a cause of action against the commission. Relief for an alleged E-Government Act violation must be sought pursuant to the Administrative Procedures Act (APA) but, as Judge Kollar-Kotelly acknowledged, the APA was applicable only to official agency actions. Because the commission was not a federal agency and was merely an advisory panel, the APA did not apply and relief could not be sought. The judge maintained, however, that "to the extent the factual circumstances change, however—for example, if the de jure or de facto powers of the Commission expand beyond those of a purely advisory body—this determination may need to be revisited." Judge Kollar-Kotelly subsequently denied EPIC's request for a preliminary injunction and temporary restraining order. EPIC President Marc Rotenberg announced that additional legal action by EPIC against the commission was expected.[7][8]

### Dept. of Justice challenges U.S. Airways-American Airline merger (2013-2014)

See also: United States District Court for the District of Columbia

Judge Kollar-Kotelly presided over the Justice Department's (DOJ) challenge of the merger between US Airways and AMR, the company that owned American Airlines. The DOJ attempted to block the merger through antitrust laws, alleging that it would create price increases and cause substantial harm to consumers. The companies fought the lawsuit in court, insisting that the merger would give customers more choices in flights.[9][10]

In recent years, the Department of Justice allowed for the mergers of Delta and Northwest Airlines, and United and Continental.[9]

Request for stay denied
In response to the federal government shutdown of 2013, the U.S. Attorney requested a stay in litigation for the federal merger case. Judge Kollar-Kotelly denied that motion, referencing the expediency of the trial and need for a quick resolution.[11]

Settlement reached
In November 2013, the DOJ reached a settlement with the airlines, allowing them to increase competition at various airports by selling their slots to low-cost carriers. Both parties were pleased with the solution.[12]

Settlement approved
In April 2014, Judge Kollar-Kotelly approved the proposed merger between American Airlines and US Airways. Although the merger closed on December 9, 2013, Judge Kollar-Kotelly had to issue her final approval in order to put a stop to an antitrust lawsuit that was filed by the Department of Justice over the potential monopoly and competitive harms that had the potential to arise because of the merger. In finalizing the merger, Judge Kollar-Kotelly noted that the settlement between the DOJ and the airlines was "within the reaches of the public interest."[13][14]

### Guantanamo bay detainee ordered released (2009)

See also: United States District Court for the District of Columbia (Fouad Mahmoud Al Rabiah, et al., v. United States, et al., 1:02-cv-00082-CKK)

On September 25, 2009, Judge Kollar-Kotelly ordered that a Kuwaiti-national detainee held at Guantanamo Bay be released after being held in prison for seven years. In a declassified opinion, the judge found that federal prosecutors did not have enough evidence to keep Fouad al-Rabiah detained for a long time period.[15] Al-Rabiah, a Kuwait Airways engineer, was captured in Afghanistan and accused of assisting al Qaeda and Osama bin Laden, as well as helping Taliban fighters in Tora Bora.[16] The detained Kuwaiti's lawyers asserted he was captured based on mistaken identity. Ultimately, Kollar-Kotelly found that he had only received two weeks of military training -- according to Kuwaiti law -- and that he had a record of charity work, with no ties to terrorism, and ordered his release.[16] Upon the decision, the detainee's lawyer commented:

“  | Mr. al Rabiah can never reclaim the eight years he lost at Guantanamo Bay - and the United States must not simply turn and forget.[16][6] | ”

|
|

Al-Rabiah became the thirtieth person held at Guantanamo to be released in 2009.[15]

### Public access to requests for Presidential clemency (2009)

See also: United States District Court for the District of Columbia (George Lardner v. Department of Justice, 1:08-cv-01398-CKK)

On July 31, 2009, Judge Kollar-Kotelly ruled in a lawsuit that unsuccessful applicants for pardons and commutations of prison sentences must be disclosed to the public. Kollar-Kotelly also stated that no applicant for a pardon would have their chances harmed if their information was disclosed.[17]

In the underlying case, George Lardner, a Washington Post reporter, sued the U.S. Justice Department's Office of Pardon Attorney after being denied a Freedom of Information Act request to look at who applied for pardons when George W. Bush was President.[17]

### "Muslim Mafia" author barred from publishing classified docs (2009)

See also: United States District Court for the District of Columbia (Council on American-Islamic Relations, v. Paul David Gaubatz, et al., cv-09-2030-CKK)

Judge Kollar-Kotelly was the presiding judge in a case brought by the Council on American-Islamic Relations (CAIR) against the author of a book titled Muslim Mafia. The judge ruled against the author, who published intelligence documents he had access to while posing as an intern to gather such documents. Kollar-Korelly also ordered the author to retract other private documents that were in the book.[18]

## See also

* United States District Court for the District of Columbia
* United States Court of Appeals for the District of Columbia Circuit

## External links

* Judge Kollar-Kotelly's biography from the Federal Judicial Center

## Footnotes

1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Colleen Kollar-Kotelly," accessed May 10, 2017.
2. ↑ United States Congress, "PN 995 — Colleen Kollar-Kotelly — The Judiciary," accessed May 10, 2017
3. ↑ United States Congress, "PN 15 — Colleen Kollar-Kotelly — The Judiciary," accessed May 10, 2017
4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed May 10, 2017
5. ↑ U.S. District Court for the District of Columbia, "Jane Doe 1 et al v. Donald J. Trump et al.," October 30, 2017
6. ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
7. ↑ 7.0 7.1 U.S. District Court for the District of Columbia, Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity et al., July 24, 2017
8. ↑ Politico, "Under the radar," July 24, 2017
9. ↑ 9.0 9.1 New York Daily News, "Justice Department challenges proposed merger of American Airlines and US Airways," August 13, 2013
10. ↑ Wall Street Journal, "Airline Judge a Familiar Face in Antitrust," August 14, 2013
11. ↑ Third Branch News, "Shutdown, Holdup for the Courts," October 7, 2013
12. ↑ CNN Money, "US Air and American Airlines reach deal with Justice to allow merger," November 12, 2013
13. ↑ Dallas Morning News, "Federal Judge gives final approval to settlement between DOJ, American Airlines and US Airways," April 25, 2014
14. ↑ Star-Telegram Sky Talk Blog, "Federal judge approves American-DOJ settlement agreement," April 25, 2014
15. ↑ 15.0 15.1 New York Times, "Kuwaiti Ordered Released From Guantánamo Bay," September 25, 2009
16. ↑ 16.0 16.1 16.2 Television New Zealand News, "Detainee freed after eight years at Guantanamo," December 10, 2009
17. ↑ 17.0 17.1 Suits and Sentences Blog, "Presidential pardon applicants to become public," July 31, 2009
18. ↑ Talking Points Memo, "Judge bars Muslim Mafia authors from publishing docs lifted from CAIR," November 4, 2009

Political offices

Preceded by:
Harold Greene | U.S. District Court for the District of Columbia
1997-Present  | Succeeded by:

v • e

Federal judges who have served the United States District Court for the District of Columbia

|

Active judges|

Chief Judge: Beryl A. HowellChief Judge: Rudolph Contreras • Colleen Kollar-Kotelly • James E. Boasberg • Florence Pan • Amy B. Jackson • Christopher Reid Cooper • Tanya S. Chutkan • Randolph D. Moss • Amit Priyavadan Mehta • Dabney Friedrich • Timothy J. Kelly • Trevor McFadden • Carl Nichols • Jia Cobb

Senior judges|

Barbara Rothstein • Royce Lamberth • Thomas Hogan • Gladys Kessler • Emmet Sullivan • Henry Kennedy • Richard Roberts (District of Columbia) • Ellen Huvelle • Rosemary Collyer • Reggie Walton • John Bates • Richard Leon • Paul Friedman • Joyce Green (District of Columbia) •

Magistrate judges|  G. Michael Harvey • Robin M. Meriweather • Zia Faruqui •
Former Article III judges|

Michael Boudin • Thomas Anderson (District of Columbia) • William Matthew Merrick • David Kellogg Cartter • George Purnell Fisher • Abram Baldwin Olin • Andrew Wylie • David Campbell Humphreys • Arthur MacArthur • Walter Smith Cox • Alexander Burton Hagner • Charles Pinckney James • Edward Franklin Bingham • Martin Montgomery • Andrew Coyle Bradley • Charles Cleaves Cole • Louis Emory McComas • Thomas H. Anderson • Job Barnard • Harry Clabaugh • Ashley Mulgrave Gould • Jeter Connelly Pritchard • Wendell Phillips Stafford • Daniel Thew Wright (District of Columbia) • Thomas Jennings Bailey • James Harry Covington • William Hitz • Walter Irving McCoy • Frederick Lincoln Siddons • Adolph Hoehling • Peyton Gordon • Louis Oberdorfer • James Robertson (District of Columbia) • Ricardo Urbina • Harold Leventhal • Alfred Adams Wheat • Jesse Corcoran Adkins • Joseph Winston Cox • Oscar Raymond Luhring • Fred Dickinson Letts • Daniel William O'Donoghue • James McPherson Proctor • Bolitha Laws • Thomas Goldsborough • James W. Morris • Thomas Penfield Jackson • Walter Bastian • Edward Tamm • William Bryant • Howard Corcoran • Edward Curran • Edward Eicher • Thomas Flannery • Oliver Gasch • Gerhard Gesell • June Green • Harold Greene • Stanley Harris • George Hart • Norma Johnson • Alexander Holtzoff • William Jones (District of Columbia) • Richmond Keech • James Kirkland • Burnita Matthews • Joseph McGarraghy • Matthew McGuire • Charles McLaughlin • John Penn • David Pine • John Pratt • George Revercomb • Charles Richey • Aubrey Robinson • Spottswood Robinson • Henry Schweinhaut • John Sirica • John Lewis Smith • Stanley Sporkin • Joseph Waddy • Leonard Walsh • Luther Youngdahl • Barrington Daniels Parker, Sr. • Robert Leon Wilkins • Ketanji Brown Jackson •

Former Chief judges|

David Kellogg Cartter • Edward Franklin Bingham • Harry Clabaugh • James Harry Covington • Walter Irving McCoy • Royce Lamberth • Thomas Hogan • Alfred Adams Wheat • Fred Dickinson Letts • Bolitha Laws • William Bryant • Edward Curran • Edward Eicher • George Hart • Norma Johnson • William Jones (District of Columbia) • Richmond Keech • Matthew McGuire • John Penn • David Pine • Aubrey Robinson • John Sirica • John Lewis Smith •

v • e

Federal judges nominated by Bill Clinton

|

1993|

Adams • Ambrose • Barnes • Brinkema • Bucklew • Chasanow • Coffman • Daughtrey • Ferguson • Ginsburg • Hagen • Jackson • Lancaster • Leval • Lindsay • Messitte • Michael • Piersol • Saris • Schwartz • Seybert • Shanahan • Shaw • Stearns • Trager • Vazquez • Wilken • Wilson

1994|

Baer • Barkett • Batts • Beaty • Benavides • Bennett • Berrigan • Biery • Block • Borman • Breyer • Briones • Bryson • Bucklo • Burgess • Burrage • Cabranes • Calabresi • Carr • Casellas • Castillo • Chatigny • Chin • Cindrich • Coar • Collins • Cooper • Cote • Currie • Davis • Dominguez • Downes • Duval • Friedman • Furgeson • Garcia • Gertner • Gettleman • Gillmor • Gilmore • Gleeson • Haggerty • Hamilton • Hannah • Hawkins • Henry • Holmes • Hood • Hull • Hurley • Jack • Jones • Jones • Kaplan • Katz • Kern • Kessler • Koeltl • Lisi • Manning • McKee • McLaughlin • Melancon • Miles-LaGrange • Moore • Motz • Murphy • O'Malley • O'Meara • Oliver • Paez • B. Parker • F. Parker • R. Parker • Perry • Ponsor • Pooler • Porteous • Rendell • Riley • Robertson • Rogers • Ross • Russell • Sands • Sarokin • Scheindlin • Silver • Squatrito • Stewart • Sullivan • Tatel • Thompson • Timlin • Urbina • Vanaskie • Vance • Walls • Wells • Williams

1995|

Arterton • Atlas • Black • Blake • Briscoe • Tena Campbell • Todd Campbell • Chesney • Cole • Collier • Daniel • Davis • Dennis • Dlott • Donald • Duffy • Economus • Evans • Fallon • Folsom • Gaughan • Goodwin • Heartfield • Hunt • Illston • Jones • King • Kornmann • Lawson • Lenard • Lucero • Lynch • McKinley • Moody • Moore • Moskowitz • Murphy • Murtha • Nugent • O'Toole • Orlofsky • Pogue • Sessions • C. Smith • O. Smith • Stein • Thornburg • Tunheim • Wallach • Wardlaw • Webber • Whaley • Winmill •

Wood
1996|

Broadwater • Clevert • Fenner • Gershon • Gottschall • Greenaway • Hinkle • Jones • Kahn • Laughrey • Lemmon • Marten • Miller • Molloy • Montgomery • Pregerson • Rakoff • Sargus • Tashima • Thomas • Zapata

1997|

Adelman • Bataillon • Breyer • Caputo • Casey • Chambers • Clay • Damrell • Droney • Friedman • Gajarsa • Garland • Gilman • Gold • Gwin • Hall • Hayden • Hull • Ishii • Jenkins • Kauffman • Kennedy • Kimball • Kollar-Kotelly • Lazzara • Marbley • Marcus • Middlebrooks • Miller • Moon • Pratt • Rendell • Sippel • Siragusa • Snyder • Thrash

1998|

Aiken • Barbier • Barzilay • Berman • Buttram • Carter • Collins • Dawson • Dimitrouleas • Fletcher • Fogel • Frank • Graber • Hellerstein • Herndon • James • Johnson • Kane • Kelly • G. King • R. King • Lasnik • Lee • Lemelle • Lindsay • Lipez • Manella • Matz • McCuskey • McKeown • McMahon • Mickle • Mollway • Mordue • Moreno • Morrow • Munley • Murphy • Pallmeyer • Pauley • Polster • Pooler • Rawlinson • Ridgway • R. Roberts • V. Roberts • Sack • Scott • Seitz • Seymour • Shea • Silverman • Sleet • Sotomayor • Steeh • Story • Straub • Tagle • Tarnow • Trauger • Traxler • Tyson • Wardlaw • Whelan • Young

1999|

Alsup • Barry • Brown • Buchwald • Cooper • Eaton • Ellison • Feess • Fisher • Gould • Guzman • Haynes • Hibbler • Hochberg • Hurd • Huvelle • Jordan • Katzmann • Kennelly • Linn • Lorenz • Lynn • Marrero • Murguia • Pannell • Pechman • Pepper • Phillips • Schreier • Stewart • Underhill • Ward • Williams • Wilson

2000|

Ambro • Antoon • Battani • Berzon • Bolton • Brady • Bye • Cavanaugh • Daniels • Darrah • Dawson • Dyk • Fuentes • Garaufis • Garcia-Gregory • Hamilton • Huck • Hunt • Lawson • Lefkow • Lynch • Martin • McLaughlin • Moody • Murguia • Paez • Pisano • Presnell • Rawlinson • Reagan • Schiller • Singal • Steele • Surrick • Swain • Tallman • Teilborg • Tucker • Whittemore

Retrieved from "https://ballotpedia.orghttps://ballotpedia.org/index.php?title=Colleen_Kollar-Kotelly&oldid=8592377"

Categories:

* Pages using DynamicPageList parser function
* Noteworthy case
* Federal judge, District of Columbia
* Appointed by Bill Clinton
* Confirmed 1997