The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Texans For Elliot Gaiser
I was very pleased to see that Elliot Gaiser was nominated to the Federal District Court for the Northern District of Texas. I've seen some suggestions that Elliot does not have sufficient ties to Texas to support the nomination. Federal district court judges are required to live in their district upon confirmation. Indeed, I can think a number of recent appointees who have been nominated to courts in districts where they did not live in, and may not have lived in since their childhood.
Still, I think it may be useful to lay out some of Elliot's ties to my adopted home state of Texas. You see, not all of us were fortunate enough to be born in Texas, but we all got here as quickly as we could.
For starters, I've known both Elliot and his wife Alexandra since before they started dating. He was at the University of Chicago and she was the University of Texas. (I spoke at both of their FedSoc chapters while they were students.) Indeed, Elliot and Alexandra started dating long distance with knowledge that they would both be clerking in Houston--Elliot for Judge Edith Jones and Alexandra for Chief Judge Jennifer Walker Elrod. I got to know both of them even better during their clerkship year.
Elliot's grandma has lived in Houston since Elliot was a child. Alexandra's immediate family is in Dallas, including her parents, brother, sister, and more. Alexandra's dad, Allen Harrison, is the president of Medical City Dallas and is the incoming chair of the Texas Hospital Association. Elliot and Alexandra were married in Texas, and their children were dedicated at that same chapel.
After clerking for Judge Jones, Elliot was at the D.C. Office of Gibson Dunn, and worked closely with the Dallas office. Elliot was on the briefing with James Ho and the First Liberty Institute for Sause v. Bauer before the Supreme Court. Elliot also worked on the Indian Child Welfare Act litigation in the Northern District of Texas. He represented Texas families who were seeking to adopt children of Indian descent. Elliot worked on the case in Judge Reed O'Connor's courtroom in the Northern District of Texas and before the Fifth Circuit. That case was also litigated in Texas State Court. In the Interest of Y.J. (also referred to as Y.R.J.), a Child, Trial Court Cause No. 323-107644-18, 323rd District Court, Tarrant County, Texas (Honorable Alexander Han Kim / Judge Alex Kim). Elliot also worked with the Dallas-based trial team at Gibson Dunn in the AT&T/TimeWarner antitrust suit.
Elliot and Alexandra have been closely connected to the Texas conservative legal movement. Alexandra interned for Sen. Cornyn's judiciary committee staff under Chief Counsel Matt Johnson and later Chief Counsel Noah Phillips. Alexandra is on the Steering Committee of the Texas Review of Law & Politics, where she served as Editor in Chief. Alexandra and Elliot are regular attendees at the annual TROLP banquet dinners. (Both of the Texas Senators are recipients of the coveted "Jurist of the Year" bobblehead, though mine is the most glamorous.) Elliot has spoken at the Texas Chapter Conference, and routinely attends Texas FedSoc happy hours and other gatherings.
Elliot is deeply respected by members of the Texas conservative legal movement. This evening, he attended the Texas FedSoc gathering at the Mayflower and we are all pulling for him. He would make a stellar judge and fill a seat that cannot be left empty.