|Judge of the United States Court of Appeals for the Third Circuit|
April 2, 2007
|Appointed by||George W. Bush|
|Preceded by||Richard Nygaard|
|Judge of the United States District Court for the Western District of Pennsylvania|
October 27, 2003 – April 2, 2007
|Appointed by||George W. Bush|
|Preceded by||William Standish|
|Succeeded by||Cathy Bissoon|
July 8, 1965 |
Winchester, Massachusetts, U.S.
|Alma mater||University of Notre Dame
Thomas Michael Hardiman (born July 8, 1965 in Winchester, Massachusetts) is a federal judge on the United States Court of Appeals for the Third Circuit. He was previously a United States district judge.
He maintains chambers in Pittsburgh, Pennsylvania.
Federal bench nominations and confirmations
Hardiman was nominated to the Third Circuit by President George W. Bush on September 13, 2006 to fill a seat vacated by Judge Richard Lowell Nygaard, who assumed senior status in 2005. He was confirmed to that seat over seven months later by the U.S. Senate on March 15, 2007 by a vote of 95-0. He was the seventh judge appointed to the Third Circuit by Bush.
Hardiman was earlier appointed by Bush to be a judge of the United States District Court for the Western District of Pennsylvania. He was nominated to that position on April 9, 2003 and confirmed by voice vote on October 22, 2003.
Education and career
Hardiman worked in private practice in Washington, DC and Pittsburgh prior to joining the federal bench. He was part of the firm of Skadden, Arps, Slate, Meagher & Flom in Washington from 1989–1992. From 1992–1999, he practiced with the Pittsburgh firm of Titus & McConomy, first as an associate, and then from 1996–1999 as a partner. From 1999–2003, he was a partner in the law firm of Reed Smith, also in Pittsburgh. His practice consisted mainly of civil and white collar criminal litigation.
His first precedential opinion for the Third Circuit, United States v. Fisher, 502 F.3d 293 (3d Cir. 2007), was published on September 10, 2007. In that case, he wrote for a unanimous three-judge panel that held a judge could find facts to enhance a criminal sentence according to the preponderance of the evidence standard of proof.
Hardiman is a member of the Pennsylvania State Bar.
Two of Hardiman's majority opinions for the Third Circuit have been reviewed by the Supreme Court of the United States. In United States v. Abbott, 574 F.3d 203 (3d Cir. 2009), affirmed, 562 U.S. 8 (2010), Hardiman held that a defendant's mandatory minimum sentence for violating the federal law against using firearms in connection with criminal activity is not affected by the imposition of another mandatory minimum for a different offense. In Florence v. Board of Chosen Freeholders, 621 F.3d 296 (3d Cir. 2010), affirmed, 132 S. Ct. 1510 (2012), Hardiman held that a jail policy of strip-searching all arrestees does not violate the Fourth Amendment's prohibition of unreasonable searches and seizures.
In Barkes v. First Correctional Medical, Inc., 766 F.3d 307 (3d Cir. 2014), Hardiman dissented from the Third Circuit's holding that two Delaware prison officials could be sued for failing to provide adequate suicide prevention protocols after a mentally ill inmate committed suicide. The Supreme Court agreed and unanimously reversed in Taylor v. Barkes, 135 S. Ct. 2042 (2015).
Other noteworthy opinions by Hardiman include:
- Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia, 763 F.3d 358 (3d Cir. 2014): striking down under the First Amendment a city charter provision barring police officers from donating to their union's political action committee.
- United States v. Pendleton, 658 F.3d 299 (3d Cir. 2011): upholding under the Foreign Commerce Clause a federal statute criminalizing sexual conduct with a minor in a foreign place.
- Kelly v. Borough of Carlisle, 622 F.3d 248 (3d Cir. 2010): holding that a police officer was immune from suit because there is no clearly established First Amendment right to videotape police officers during traffic stops.
- Drake v. Filko, 724 F.3d 426 (3d Cir. 2013): dissenting from the court's decision to uphold under the Second Amendment a New Jersey law requiring residents to make a showing of "justifiable need" to receive a license to carry a handgun in public.
- B.H. ex rel. Hawk v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013) (en banc): dissenting from the court's holding that a public school violated the First Amendment by banning middle-school students from wearing bracelets inscribed "I [love] boobies!" that were sold by a breast cancer awareness group.
- Thomas Hardiman at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
- U.S. Department of Justice Nominee Resume
- United States v. Fisher (Hardiman's first opinion)
- Ward, Pamela Reed, "Hardiman newest judge on federal appeals court." Pittsburgh Post-Gazette, April 6, 2007
- Ward, Pamela Reed, "Hardiman named to U.S. court of appeals." Pittsburgh Post-Gazette, March 17, 2007.
- O'Toole, James, "Bush picks Hardiman for appeals post," Pittsburgh Post-Gazette, September 14, 2006.
- Cato, Jason, "Bush nominates area judge to appeals court," Pittsburgh Tribune-Review, September 14, 2006.
- Ward, Pamela Reed, "Judge Hardiman considered for federal appeals post." Pittsburgh Post-Gazette, August 23, 2006.
- Cato, Jason, "U.S. judge here eyed for court of appeals." Pittsburgh Tribune-Review, August 23, 2006.
|Judge of the United States District Court for the Western District of Pennsylvania
|Judge of the United States Court of Appeals for the Third Circuit