Mary Kay Vyskocil (born March 22, 1958) is a

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

of the

United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...

and a former United States bankruptcy judge for the same court. President

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...

nominated her to the district bench in 2018 and again in 2019, and she was confirmed in 2019.

Education

Vyskocil earned her undergraduate degree from the Dominican College in

Rockland County Rockland County is the southernmost county on the west side of the Hudson River in the U.S. state of New York. It is part of the New York metropolitan area. As of the 2020 U.S. census, the county's population is 338,329, making it the state's ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

, where she was the class

valedictorian Valedictorian is an academic title for the class rank, highest-performing student of a graduation, graduating class of an academic institution in the United States. The valedictorian is generally determined by an academic institution's grade poin ...

and student government president, and her

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 ...

from St. John's University School of Law, where she served on the Moot Court Executive Board."President Donald J. Trump Announces Fourteenth Wave of Judicial Nominees, Thirteenth Wave of United States Attorney Nominees, and Eighth Wave of United States Marshal Nominees" White House, May 10, 2018

Legal career

Prior to her appointment to the bench, she practiced general

commercial litigation Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law Law is a set of rules that are created and are enforceable by social or governmenta ...

for almost thirty-three years at the New York City-based law firm of

Simpson Thacher & Bartlett Simpson Thacher & Bartlett LLP is a white-shoe law firm headquartered in New York City. The firm specializes in litigation and corporate practices, particularly mergers and acquisitions and private equity, with approximately 1,500 attorneys in 1 ...

Federal judicial service

Bankruptcy court service

Vyskocil was selected to become a judge of the

United States Bankruptcy Court United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy ...

for the

Southern District of New York The Southern District of New York is a federal judicial district that encompasses the counties of New York (Manhattan), Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan. Federal offices or agencies operating in the distri ...

in 2016. She was sworn in as a United States bankruptcy judge on April 7, 2016, and served until her elevation as a district court judge.

District court service

In August 2017, Vyskocil was one of several candidates pitched to New York senators

Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from New York (state), New York, a seat he has held since 1999. ...

and

Kirsten Gillibrand Kirsten Elizabeth Gillibrand (; ; born December 9, 1966) is an American lawyer and politician serving as the Seniority in the United States Senate, junior United States Senate, United States senator from New York (state), New York since 2009 ...

by the White House as judicial candidates for vacancies on the federal courts in New York. On May 10, 2018, President

announced his intent to nominate Vyskocil to serve as a

for the

. On May 15, 2018, her nomination was sent to the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

. She was nominated to the seat that was vacated by Judge Loretta A. Preska, who assumed senior status on March 1, 2017. On August 1, 2018, a hearing on her nomination was held before 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 ...

. On September 13, 2018, her nomination was reported out of committee by a 21–0 vote. On January 3, 2019, her nomination was returned to the President under Rule XXXI, Paragraph 6 of 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 ...

. On April 8, 2019, President Trump announced the renomination of Vyskocil to the district court. On May 21, 2019, her nomination was sent to the Senate. On June 20, 2019, her nomination was reported out of committee by a 21–1 vote. On December 18, 2019, the

invoked

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 ...

on her nomination by a 89–4 vote. On December 19, 2019, her nomination was confirmed by a 91–3 vote. She received her judicial commission on December 20, 2019.

Notable rulings

On December 5, 2019,

Karen McDougal Karen McDougal (born March 23, 1971) is an American model and actress. She is known for her appearances in ''Playboy'' magazine as Playmate of the Month for December 1997 and Playmate of the Year in 1998, and for her alleged 10-month to year-lo ...

, an American model and one-time

Playboy ''Playboy'' (stylized in all caps) is an American men's Lifestyle journalism, lifestyle and entertainment magazine, available both online and in print. It was founded in Chicago in 1953 by Hugh Hefner and his associates, funded in part by a $ ...

magazine Playmate who had an affair with Trump in 2006 to 2007, filed a

defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

lawsuit against the television network

Fox News The Fox News Channel (FNC), commonly known as Fox News, is an American Multinational corporation, multinational Conservatism in the United States, conservative List of news television channels, news and political commentary Television stati ...

. According to the suit, network anchor

Tucker Carlson Tucker Swanson McNear Carlson (born May 16, 1969) is an American conservative political commentator who hosted the nightly political talk show '' Tucker Carlson Tonight'' on Fox News from 2016 to 2023. Since his contract with Fox News was term ...

defamed McDougal by saying that she had personally extorted Trump for the hush money she received in 2016, a claim she denied. On September 24, 2020, Vyskocil dismissed the defamation lawsuit, writing that, "The statements are rhetorical hyperbole and opinion commentary intended to frame a political debate, and, as such, are not actionable as defamation". The judge added that the "'general tenor' of the show should then inform a viewer that arlsonis not 'stating actual facts' about the topics he discusses and is instead engaging in 'exaggeration' and 'non-literal commentary.'" In a lawsuit filed on Tuesday April 11, 2023,

Manhattan District Attorney The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal la ...

Alvin Bragg Alvin Leonard Bragg Jr. (born October 21, 1973) is an American politician and lawyer who serves as the New York County District Attorney, covering Manhattan. In 2021, he became the first African American elected to that office. Bragg had previo ...

sued

House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...

Chairman

Jim Jordan James Daniel Jordan (born February 17, 1964) is an American politician who has served in the U.S. House of Representatives as the representative for since 2007. He is a member of the Republican Party (United States), Republican Party. ...

and the committee to block a subpoena compelling former New York prosecutor Mark F. Pomerantz to testify to the House committee. The suit alleges that former President Donald J. Trump, Jordan, and other members of the House committee are engaged in "a campaign of intimidation, retaliation, and obstruction" related to the ongoing case involving "hush money" paid by Trump to

Stormy Daniels Stephanie A. Gregory Clifford (born Stephanie A. Gregory; March 17, 1979), known professionally as Stormy Daniels, is an American pornographic film actress, Film director, director and former stripper. She has won many industry awards and is a ...

. The case came before Vyskocil on April 11. On the same day, she denied Bragg's request for emergency relief and set a hearing for April 19, 2023. Jordan revealed that a "field hearing", in which witnesses would be called, was to be held prior to this, on April 17 at the Jacob K. Javits Federal Building, close to Bragg's office in Manhattan. At the April 19 district court hearing, Vyskocil ruled that she had no

legal standing In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in ...

to block the subpoena and denied Bragg a requested

stay of proceedings A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place ...

pending appeal. The same day, following an emergency motion by Bragg, the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...

granted an administrative stay "so that a three-judge panel may consider the motion seeking a stay pending appeal of the district court’s order." On April 21, Bragg dropped his appeal after reaching an agreement with Jordan that allowed the subpoena against Pomerantz, while protecting the District Attorney's privileges and interests. Pomerantz will be deposed on May 12.

Memberships

She was a member of the

Federalist Society The Federalist Society for Law and Public Policy Studies (FedSoc) is an American Conservatism in the United States, conservative and Libertarianism in the United States, libertarian legal organization that advocates for a Textualism, textualist an ...

from 1998 to 2005.United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Mary Kay Vyskocil
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Awards and recognition

Vyskocil has been ranked as one of the "Top Ten Women Litigators in the United States" by Benchmark Litigation. In 2016, she received a "Top Women in Law Award" from the ''New York Law Journal''. She has been recognized as a litigation leader by Chambers, Legal 500, Who's Who Legal and America's Leading Business Lawyers, and

Law360 Law360 is a subscription-based, legal news service based in New York City. It is operated by Portfolio Media, Inc., a subsidiary of LexisNexisSabroski, Suzxanne (May 1, 2012) LexisNexis goes 360, ''Onliline'' and delivers breaking news and analys ...

References

External links

* * {{DEFAULTSORT:Vyskocil, Mary Kay 1958 births Living people 20th-century American women lawyers 20th-century American lawyers 21st-century American women lawyers 21st-century American lawyers 21st-century American women judges Dominican University New York alumni Judges of the United States bankruptcy courts Judges of the United States District Court for the Southern District of New York Lawyers from New York City Simpson Thacher & Bartlett associates Simpson Thacher & Bartlett partners St. John's University School of Law alumni United States district court judges appointed by Donald Trump