Susan Bieke Neilson (August 27, 1956 – January 25, 2006) was a
United States circuit judge
In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...
of 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 ...
, and before that, a state trial judge in
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, ...
.
Neilson 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 ...
on February 14, 2005, to a seat vacated by Cornelia G. Kennedy. She was confirmed 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 ...
on October 27, 2005, and received commission on November 9, 2005. Neilson's service was terminated on January 25, 2006, due to death.
Background
Neilson was born August 27, 1956, in
Ann Arbor
Ann Arbor is a city in Washtenaw County, Michigan, United States, and its county seat. The 2020 United States census, 2020 census recorded its population to be 123,851, making it the List of municipalities in Michigan, fifth-most populous cit ...
,
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, ...
, and was a lifelong Michigan resident. In 1977, she received an Artium Baccalaureus degree in political science from the
University of Michigan
The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Mi ...
Honors College. Neilson received 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 ...
in 1980 from
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.), ...
. Following graduation she practiced
products liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has br ...
,
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 ...
,
medical malpractice
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligen ...
, and general
negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances.
Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
law with the firm of
Dickinson Wright
Dickinson Wright PLLC is a law firm based in Detroit, Michigan. With over 500 lawyers across more than 40 practices and industries, Dickinson Wright serves clients from 23 offices, six of which are in Michigan. According to the National Law Journ ...
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 ...
, making partner in 1986.
In 1991, Governor
John Engler
John Mathias Engler (born October 12, 1948) is an American politician, lawyer, businessman, and lobbyist who served as the 46th governor of Michigan from 1991 to 2003. Considered one of the country's top lobbyists, he is a member of the Republi ...
appointed Neilson to the 3rd Judicial Circuit of Michigan, part of the Wayne County
Circuit Court
Circuit courts are court systems in several common law jurisdictions. It may refer to:
* Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases;
* Courts that s ...
, to which she was elected in 1992, and re-elected in 1996, and 2002. Neilson's chambers were in the Coleman A. Young Municipal Center (formerly the City-County Building) in downtown Detroit. While on the bench, Neilson co-wrote and co-edited ''Michigan Civil Procedure'', a two-volume treatise on Michigan civil practice.
Neilson was married with two daughters (Elizabeth, Born in 1984 and Mary, Born in 1990). She was an active
Roman Catholic
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
and was a member of the Detroit
Catholic Lawyers Society
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwide as of 2025. It is among the world's oldest and larg ...
.
Sixth Circuit nomination and confirmation
Neilson was nominated to a Michigan 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 ...
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 ...
on November 8, 2001, to replace Judge
Cornelia Groefsema Kennedy
Cornelia Groefsema Kennedy (née Groefsema; August 4, 1923 – May 12, 2014) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit.
Education and career
Born in Detroit, Michigan, Kennedy graduated from th ...
, who assumed senior status in 1999. On the same day, Bush also nominated
Henry Saad Henry William Saad (born June 1948, in Detroit, Michigan)Resume at US Dept of Justice website is a
David McKeague
David William McKeague (born November 5, 1946) is a senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit.
Education and career
McKeague received a Bachelor of Arts degree from the University of Michig ...
to Michigan seats on the Sixth Circuit. On June 26, 2002, Bush nominated
Richard Allen Griffin
Richard Allen Griffin (born April 15, 1952) is a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Previously, he was a judge on the Michigan Court of Appeals.
Griffin was first nominated to the United Sta ...
to a fourth Michigan seat on the Sixth Circuit. During the Democrat-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
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
regained control of the Senate. During the new
108th Congress
The 108th 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, 2003, to January 3, 2005, durin ...
, 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
Kathleen McCree Lewis (September 27, 1947 – October 16, 2007) was an American lawyer and former federal judicial nominee to the United States Court of Appeals for the Sixth Circuit.
Early life and education
Lewis was born in Boston. Lewis' ...
, two 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 was, at the time, married to Levin's cousin.
Contrary to Levin's and Stabenow's wishes, Hatch gave Saad, McKeague and Griffin hearings, and passed the three nominees out of committee. Furious, 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 sought to break 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 ...
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 to guarantee certain filibustered nominations up or down votes. Henry Saad and William Myers, however, were expressly excluded from the deal.
After 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 ...
agreement in the Senate in 2005, Neilson finally received a floor vote in the Senate on October 27, 2005. (Fellow Michigan Sixth Circuit nominees
Richard Allen Griffin
Richard Allen Griffin (born April 15, 1952) is a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Previously, he was a judge on the Michigan Court of Appeals.
Griffin was first nominated to the United Sta ...
and
David McKeague
David William McKeague (born November 5, 1946) is a senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit.
Education and career
McKeague received a Bachelor of Arts degree from the University of Michig ...
received were confirmed by the Senate in June.) She was confirmed by a 97–0 vote, with both Michigan senators ultimately voting in her favor. Her confirmation came almost exactly four years after her initial nomination. She received her commission on November 9, 2005.
Illness and death
After being nominated by Bush, Neilson learned that she had
myelodysplastic syndrome
A myelodysplastic syndrome (MDS) is one of a group of cancers in which blood cells in the bone marrow do not mature, and as a result, do not develop into healthy blood cells. Early on, no symptoms typically are seen. Later, symptoms may includ ...
, a rare blood disorder that eventually required her to undergo a
bone marrow transplant
Hematopoietic stem-cell transplantation (HSCT) is the transplantation of multipotent hematopoietic stem cells, usually derived from bone marrow, peripheral blood, or umbilical cord blood, in order to replicate inside a patient and produce a ...
in 2003. Though greatly diminished physically, Neilson returned to work and, following confirmation, moved her chambers to the federal courthouse in Detroit. On January 25, 2006, Neilson succumbed to the lingering effects of her illness, and died of lung failure in Detroit at the age of 49. Due to her illness and death, Neilson served for only two months on the Sixth Circuit and never wrote any opinions. According to an order of the court published in January 2006, Neilson participated in a decision to rehear a case
en banc
In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges.
For courts like the United States Courts of Appeal ...
. The order does not indicate whether Neilson voted for or against rehearing.
Neilson was survived by her husband and two daughters.
Epilogue
After her death, in June 2006, President Bush nominated
United States Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
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 ...
, as Neilson's replacement. When Levin and Stabenow again balked in the
110th Congress
The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
at confirming any more Bush judicial nominees for Michigan, his nomination was withdrawn and replaced with that of failed Clinton nominee
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. White was confirmed to Neilson's old seat in 2008.
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 ...
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 ...
*
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 ...