John McBryde
John H. McBryde was a federal judge on the United States District Court for the Northern District of Texas. President George H.W. Bush (R) nominated McBryde to the court in 1990. McBryde retired, assuming senior status, on October 9, 2018. His service ended on December 25, 2022, upon his death.[1]
Early life and education
Born in Jackson, Mississippi, McBryde graduated from Texas Christian University with his bachelor's degree in 1953 and from the University of Texas School of Law with his LL.B. in 1956.[1]
Professional career
- 1956-1990: Private practice, Fort Worth, Texas[1]
Judicial career
- 1990-2018: Judge, United States District Court for the Northern District of Texas
- Senior status: 2018 - 2022
Federal judicial nomination
Northern District of Texas
 |
| Nominee Information |
| Name: John H. McBryde |
| Court: United States District Court for the Northern District of Texas |
| Progress |
| Confirmed 85 days after nomination. |
 Nominated: May 11, 1990
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: |
| Hearing: July 16, 1990
|
| QFRs: (Hover over QFRs to read more) |
| Reported: July 26, 1990
|
| Confirmed: August 4, 1990
|
| Vote: Unanimous consent
|
President George H.W. Bush (R) nominated McBryde to the United States District Court for the Northern District of Texas May 11, 1990, to a seat vacated by Eldon Mahon. The American Bar Association rated McBryde Unanimously Well Qualified for the nomination. The Senate Judiciary Committee held hearings on McBryde's nomination July 16, 1990. Then-U.S. Sen. Joseph Biden (D-Del.) reported McBryde's nomination July 26. The U.S. Senate unanimously confirmed McBryde August 3. He received his commission August 7. McBryde retired, assuming senior status, October 9, 2018.[1][2][3]
Noteworthy cases
Fifth Circuit allows district courts to hear constitutional challenges to ALJs (2021)
The United States Court of Appeals for the Fifth Circuit on December 21, 2021, held 9-7 in Cochran v. SEC that district courts have subject matter jurisdiction to hear constitutional challenges to the administrative law judges (ALJs) at the Securities and Exchange Commission (SEC) without plaintiffs first raising those challenges during agency adjudication. Plaintiff Michelle Cochran argued that double for-cause removal protections serve to unconstitutionally insulate the SEC's ALJs from removal by the president, who has sole removal authority over federal appointees.[4]
"[I]t is possible that Cochran could ultimately wind her way through enforcement proceedings and get some later chance at judicial review," wrote Judge Catharina Haynes in the majority opinion, "but it is also possible that she could never have that opportunity, and that is enough to preserve district court jurisdiction."[4]
Federal judge expresses concern over constitutionality of ALJ proceedings (2019)
- See also: Lucia v. SEC
Judge John McBryde of the United States District Court for the Northern District of Texas expressed concern on March 26, 2018, in his opinion for Cochran v. SEC over the constitutionality of the administrative law judges (ALJs) at the Securities and Exchange Commission (SEC).[5]
The ALJ who presided over the Michelle Cochran’s initial adjudication proceedings before the SEC in 2016 held in favor of the agency. Cochran appealed the decision, but further action on the case was stalled as Lucia v. SEC moved through the federal courts. The Lucia case challenged the constitutionality of the SEC’s ALJ appointment process and the United States Supreme Court ultimately ruled in June 2018 that the agency's ALJ appointments violated the U.S. Constitution’s Appointments Clause.[6]
Following the Lucia decision, the SEC reassigned all pending cases before the agency, including Cochran’s appeal, to new proceedings before a different, constitutionally appointed ALJ.[6]
Cochran filed for injunctive relief against the agency proceedings in district court, claiming that the SEC’s ALJs remained unconstitutionally appointed despite ratification by the agency’s commissioners. Cochran argued that the SEC's ALJs remained unconstitutional because they can only be removed for cause by members of the Merit Systems Protection Board (MSPB), who themselves can only be removed for cause by the president. She claimed that the double for-cause removal protections serve to unconstitutionally insulate ALJs from removal by the president, who has sole removal authority over federal appointees.[6][7]
McBryde dismissed the case due to the court’s lack of subject matter jurisdiction. However, he expressed concern over the constitutionality of the SEC’s ALJs in his opinion, stating, "The court is deeply concerned with the fact that plaintiff has been subjected to extensive proceedings before an ALJ who was not constitutionally appointed and contends that the one she must now face for further, undoubtedly extended, proceedings likewise is unconstitutionally appointed.”[7]
The New Civil Liberties Alliance, a pro bono law firm with a focus on the administrative state, stated that it will appeal Cochran's case to the United States Court of Appeals for the Fifth Circuit.[5]
See also
- United States District Court for the Northern District of Texas
- United States Court of Appeals for the 5th Circuit
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Judge John H. McBryde," accessed May 21, 2017
- ↑ United States Congress, "PN 1257 — John H. McBryde — The Judiciary," accessed May 21, 2017
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 101st Congress," accessed May 21, 2017
- ↑ 4.0 4.1 United States Court of Appeals for the Fifth Circuit, "Cochran v. SEC," December 21, 2021
- ↑ 5.0 5.1 Global News Wire, "Texas Federal Judge Expresses ‘Deep Concern’ with Potentially Unconstitutional ALJ Proceedings for NCLA Client," March 26, 2019
- ↑ 6.0 6.1 6.2 United States District Court for the Northern District of Texas, "Complaint for declaratory and injunctive relief," January 18, 2019
- ↑ 7.0 7.1 'United States District Court for the Northern District of Texas, "Cochran v. SEC, "March 26, 2019
| Political offices | ||
|---|---|---|
| Preceded by - |
United States District Court for the Northern District of Texas 2018-2022 |
Succeeded by - |
| Preceded by - |
United States District Court for the Northern District of Texas 1990-2018 |
Succeeded by - |
| |||
|---|---|---|---|
| 1989 |
Barksdale • Bonner • Buckwalter • Cyr • Fernandez • Garbis • Harmon • Lee • Lindberg • Lodge • Nelson • Nottingham • Plager • Rosen • Rymer • Smith • Spatt • Thomas • VanBebber • J. Walker • V. Walker • Wiener • Wright | ||
| 1990 |
Alito • Amon • Birch • Boudin • Cleland • Clevenger • Dubina • Hamilton • Henderson • Hood • Hornby • Jones • Kent • Levi • Loken • Lourie • Martin • McBryde • McClure • McKenna • McLaughlin • McNamee • Moreno • Mullen • Nelson • Nickerson • Niemeyer • Norton • Parker • Pickering • Rader • Rainey • Randolph • Shanstrom • Shedd • Shubb • Singleton • Skretny • Souter • Sparr • Stahl • Stamp • Suhrheinrich • Taylor • Vollmer • Ware • Wilson | ||
| 1991 |
Albritton • Andersen • Armstrong • Arnold • Bartle • Bassler • Batchelder • Beckwith • Belot • Benson • Blackburn • Bramlette • Brody • Brody • Burrell • Carnes • Caulfield • Cauthron • Clement • Collier • Conway • Cooper • Dalzell • DeMent • DeMoss • Doherty • Echols • Edmunds • Faber • Freeh • Gaitan • Garza • Graham • Haik • Hamilton • Hansen • Hendren • Herlong • Highsmith • Hogan • Huff • Hurley • Irenas • Johnson • Joyner • Kelly • Kleinfeld • Legg • Leonard • Lewis • Longstaff • Lungstrum • Luttig • Matia • McCalla • McDade • McKeague • McKelvie • Means • Merryday • Moore • Morgan • Nielsen • Nimmons • Osteen Sr. • Padova • Payne • Reinhard • Robinson • Robreno • Roll • Roth • Schlesinger • Scullin • Siler • Solis • Sotomayor • Sparks • Stohr • Thomas • Traxler • Trimble • Ungaro • Van Sickle • Wanger • Werlein • Whyte • Yohn | ||
| 1992 |
Baird • Barbadoro • Black • Boudin • Carnes • Covello • DiClerico • Gilbert • Gonzalez • Gorton • Hansen • Heyburn • Jackson • Jacobs • Keeley • Kendall • Kopf • Kyle • Lewis • McAuliffe • McLaughlin • Melloy • Preska • Quist • Randa • Rosenthal • Rovner • Schall • Sedwick • Simandle • Stahl • Vratil • Williams | ||
Federal courts:
Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas • U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas
State courts:
Texas Supreme Court • Texas Court of Appeals • Texas Court of Criminal Appeals • Texas District Courts • Texas County Courts • Texas County Courts at Law • Texas Statutory Probate Courts • Texas Justice of the Peace Courts
State resources:
Courts in Texas • Texas judicial elections • Judicial selection in Texas
