Henry Saad
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Henry William Saad (born June 1948, in
Detroit Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
,
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
)Resume
at US Dept of Justice website
is a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
on the
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. Its opinions are reporter (law), reported both in an officia ...
and a former nominee to the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
.


Background

Judge Saad received his bachelor's degree from
Wayne State University Wayne State University (WSU) is a public university, public research university in Detroit, Michigan, United States. Founded in 1868, Wayne State consists of 13 schools and colleges offering approximately 375 programs. It is Michigan's third-l ...
School of Business with honors and his
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
degree from Wayne State University,
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
. 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 George Herbert Walker BushBefore the outcome of the 2000 United States presidential election, he was usually referred to simply as "George Bush" but became more commonly known as "George H. W. Bush", "Bush Senior," "Bush 41," and even "Bush th ...
nominated Saad to a seat on the
United States District Court for the Eastern District of Michigan The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the United States district court, federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of M ...
, but the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
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. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
to a seat on the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
vacated by the Judge James L. Ryan who had taken senior status. On the same day, Bush also nominated David 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 Democratic-controlled
107th Congress The 107th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from January ...
, all four nominations were stalled in the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
by then chairman, Senator
Patrick Leahy Patrick Joseph Leahy ( ; born March 31, 1940) is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party (United States), Democratic Party, he also was the pr ...
, D-VT. In the 2002 midterm congressional elections, the Republicans regained control of the Senate. During the new 108th Congress, Senator
Orrin Hatch Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. senat ...
, R-UT, the new Republican chairman of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
began to process the previously blocked four nominees. In March 2003, Michigan's two Democratic senators,
Carl Levin Carl Milton Levin (June 28, 1934 – July 29, 2021) was an American attorney and politician who served as a List of United States senators from Michigan, United States senator from Michigan from 1979 to 2015. A member of the Democratic Party (U ...
and
Debbie Stabenow Deborah Ann Stabenow ( ; née Greer; born April 29, 1950) is an American politician who served from 2001 to 2025 as a United States senator from Michigan. A member of the Democratic Party, she was Michigan's first female U.S. senator. Before he ...
, announced that they would blue-slip all Bush judicial nominees from Michigan because Bush refused to renominate
Helene White Helene N. White (born December 2, 1954) is a Senior status, senior United States federal judge, United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Previously, she was a judge on the Michigan Court of Appeals. ...
and Kathleen McCree Lewis, two liberal Michigan nominees, to the Sixth Circuit, whose nominations the Senate Republicans had refused to process during President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
'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. Angered, Levin and Stabenow convinced their caucus to
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking ...
the three in order to prevent them from having confirmation votes. The Senate Republicans increased their numbers in the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005, to January 3, 2007, du ...
. Tensions between the Republicans and Democrats rose dramatically as the Republicans contemplated breaking the filibusters of ten Bush court of appeals nominees (including Saad, McKeague and Griffin) by using the
nuclear option In the United States Senate, the nuclear option is a Parliamentary procedure, legislative procedure that allows the Senate to override a standing rule by a simple majority, avoiding the two-thirds supermajority normally required to invoke clot ...
. During a debate concerning filibusters and the nuclear option, Judge Saad was accused by Sen.
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States Senate, United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2 ...
(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 increasingly hostile situation concerning the use of the nuclear option and Democrats' obstruction of President Bush's judicial nominations, fourteen moderate and institutionalist Republican and Democratic Senators known as the
Gang of 14 The Gang of 14 was a bipartisan group of Senators in the 109th United States Congress who successfully, at the time, negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called "nuclear option" by Senate Republican Maj ...
joined together to forge an agreement that would defuse the situation. After negotiations, they agreed to guarantee certain filibustered nominations up or down votes in exchange for retaining the judicial filibuster. 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 reluctantly agreed to renominate
Helene White Helene N. White (born December 2, 1954) is a Senior status, senior United States federal judge, United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Previously, she was a judge on the Michigan Court of Appeals. ...
, now divorced from Levin's cousin, to the
Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
.


Current life

In November 2007, the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the s ...
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 The University of Detroit Mercy is a private Catholic university in Detroit, Michigan, United States. It is sponsored by both the Society of Jesus (Jesuits) and the Sisters of Mercy. The university was founded in 1877 and is the largest Catho ...
/Mercy School of Law and
Wayne State University Law School Wayne State University Law School (Wayne Law) is the law school of Wayne State University in Detroit. Wayne Law is located in Midtown, Detroit's Cultural Center. Founded in 1927, the law school offers juris doctor (J.D.), master of laws (LL.M.), ...
, where he teaches Evidence, Public Sector Labor and Professional Responsibility, respectively. Judge Saad serves on the boards of Detroit Public Television, the
American Heart Association The American Heart Association (AHA) is a nonprofit organization in the United States that funds cardiovascular medical research, educates consumers on healthy living and fosters appropriate Heart, cardiac care in an effort to reduce disability ...
and Brother Rice High School. Saad's wife, attorney Mara Letica Saad, was nominated by President
George H. W. Bush George Herbert Walker BushBefore the outcome of the 2000 United States presidential election, he was usually referred to simply as "George Bush" but became more commonly known as "George H. W. Bush", "Bush Senior," "Bush 41," and even "Bush th ...
in 1992 to be ambassador to
Croatia Croatia, officially the Republic of Croatia, is a country in Central Europe, Central and Southeast Europe, on the coast of the Adriatic Sea. It borders Slovenia to the northwest, Hungary to the northeast, Serbia to the east, Bosnia and Herze ...
. The nomination came late in Bush's presidency, however, and never was acted upon by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
before Bush's presidency ended. President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
chose not to renominate her.


See also

*
Bill Clinton judicial appointment controversies During President Bill Clinton's first and second terms of office, he nominated 24 people for 20 federal appellate judgeships but the nominees were not processed by the Republican-controlled Senate Judiciary Committee. Three of the nominees who we ...
* George W. Bush judicial appointment controversies *
Filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking ...
*
Cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
*
Nuclear option In the United States Senate, the nuclear option is a Parliamentary procedure, legislative procedure that allows the Senate to override a standing rule by a simple majority, avoiding the two-thirds supermajority normally required to invoke clot ...
*
Gang of 14 The Gang of 14 was a bipartisan group of Senators in the 109th United States Congress who successfully, at the time, negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called "nuclear option" by Senate Republican Maj ...


References


External links


Profile at the US Dept of Justice
{{DEFAULTSORT:Saad, Henry William 1948 births Living people Michigan Court of Appeals judges University of Detroit Mercy faculty Wayne State University alumni Wayne State University faculty