Thomas Lee Ambro (born December 27, 1949) is a
Senior United States circuit judge of the
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* East ...
.
Education and legal career
Ambro received his
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
degree in 1971 from
Georgetown University
Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
and his
Juris Doctor in 1975 from
Georgetown University Law Center
The Georgetown University Law Center (Georgetown Law) is the law school of Georgetown University, a private research university in Washington, D.C. It was established in 1870 and is the largest law school in the United States by enrollment and ...
. After law school, he clerked for Chief Justice
Daniel L. Herrmann of the
Supreme Court of Delaware
The Delaware Supreme Court is the sole appellate court in the United States state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, ...
.
Following his clerkship, he was in private practice in
Wilmington,
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
from 1976 to 2000 at the law firm of Richards, Layton & Finger. There he was a force behind Delaware's rise as a preferred venue for large
Chapter 11
Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, wheth ...
bankruptcy cases. Immediately prior to being elevated to the bench, he headed the bankruptcy practice at Richards Layton.
Ambro is a past Chair of the Section of Business Law of the
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
and past Editor of The Business Lawyer. For 20 years, he chaired the Committee on the Uniform Commercial Code for the Commercial Law Section of the
Delaware State Bar Association
The Delaware State Bar Association (DSBA) is a voluntary bar association for the state of Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its n ...
. He is also a member of the Board of Trustees of the
American Inns of Court, the
American Law Institute, and the National Bankruptcy Conference.
Ambro serves as an adjunct professor at his alma mater, Georgetown University, where he teaches a course on public speaking to undergraduate students. The Thomas L. Ambro Fellowship, awarded to support a summer internship with the United States Bankruptcy Court for the District of Delaware, is named in his honor.
Federal judicial service
Ambro was nominated to the
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* East ...
by President
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
on September 29, 1999, to fill a seat vacated by Judge
Walter K. Stapleton
Walter King Stapleton (born June 2, 1934) is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit and a former United States District Judge of the United States District Court for the District of Delawa ...
, who assumed senior status on June 2, 1999. He was confirmed by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
on February 10, 2000 by a 96–2 vote. He received his commission on February 16, 2000.
He announced his intent to assume
senior status
Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
upon confirmation of a successor on December 15, 2021. He assumed senior status on February 6, 2023.
Notable opinions
His notable majority opinions include:
* ''Holland v. Rosen'', 2018 WL 3340930 (3d Cir. 2018): A New Jersey criminal defendant sought to enjoin the New Jersey Criminal Justice Reform Act's subordination of cash bail and commercial bonds to non-monetary conditions of release, arguing that by doing so the Act violates the Eighth, Fourteenth, and Fourth Amendments of the United States Constitution. The Court affirmed the District Court's refusal to issue the injunction because the constitutional amendments do not provide a right to those forms of monetary bail.
* ''Fields v. City of Philadelphia'', 862 F.3d 353 (3d Cir. 2017): The majority held that the
First Amendment to the United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
protected a right to record video of the police but nevertheless granted
qualified immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...
to officers who had prevented bystanders from doing so, prompting a partial dissent from Judge
Richard Lowell Nygaard
Richard Lowell Nygaard (born July 9, 1940) is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit.
Education and career
Richard Lowell Nygaard was born in Thief River Falls, Minnesota, on July 9, 19 ...
.
* ''Binderup v. Att'y Gen.'', 836 F.3d 336 (3d Cir. 2016) (en banc), ''cert. denied sub nom. Sessions v. Binderup'', 137 S. Ct. 2323 (2017): The majority opinion, in a fragmented set of opinions, held, in a consolidated case, that (1) Appellants may make an as-applied Second Amendment challenge to a federal statute making it unlawful to possess a firearm, ''inter alia'', if convicted in a state court of a misdemeanor punishable by imprisonment greater than two years, and (2) in determining that challenge, a court in the Third Circuit must continue to follow the analytical framework of its earlier decision in ''United States v. Marzzarella'', 614 F.3d 85 (3d Cir. 2010).
* ''In re National Football League Players Concussion Injury Litigation'', 821 F.3d 410 (3d Cir. 2016): The Court upheld a settlement designed to compensate former NFL players who faced lasting medical issues presumed to be caused by concussions.
* ''Hassan v. City of New York'', 804 F.3d 277 (3d Cir. 2015): Muslims claiming to have been subject to a once-secret mass surveillance program run by the NYPD in the aftermath of September 11 had standing to bring an equal protection lawsuit. The plaintiffs alleged that they were singled out merely because of their religion and not based on any suspicion of wrongdoing. Judge Ambro wrote: "What occurs here in one guise is not new. We have been down similar roads before. Jewish–Americans during the Red Scare, African–Americans during the Civil Rights Movement, and Japanese–Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight—that '
yalty is a matter of the heart and mind
not race, creed, or color.'"
* ''FTC v. Wyndham Worldwide Corp.'', 799 F.3d 236 (3d Cir. 2015): The Federal Trade Commission's authority to regulate "unfair or deceptive acts or practices in or affecting commerce" includes the power to police corporate cyber security practices.
* ''In re Revel AC, Inc.'', 802 F.3d 558 (3d Cir. 2015): In this much-cited opinion in a bankruptcy case, the Court clarified the standards for getting a stay pending an appeal. In a later opinion also authored by Judge Ambro, ''Reilly v. City of Harrisburg'', 858 F.3d 173 (3d Cir. 2017), the Court applied the same standards for preliminary injunctions.
* ''In re Tribune Media Co.'', 799 F.3d 272 (3d Cir. 2015): A unanimous panel held that a portion of a bankruptcy appeal had become equitably moot. Judge Ambro wrote the majority opinion and also authored a concurring opinion, which Judge Vanaskie joined. In the concurrence, Judge Ambro responded to an opinion by Judge Krause that called for courts to do away with the
equitable mootness doctrine. ''See In re One2One Communications, LLC'', 805 F.3d 428 (3d Cir. 2015) (Krause, J., concurring). Equitable mootness allows appellate courts to forbear, for practical reasons, from deciding an appeal when exercising jurisdiction would undermine the finality and reliability of a consummated reorganization plan. Judge Ambro's concurrence defended the limited use of the doctrine, concluding: "In a very few cases, shutting an appellant out of the courthouse does substantially less harm than locking a debtor inside."
* ''Dwyer v. Cappell'', 762 F.3d 275 (3d Cir. 2014): An attorney challenged New Jersey's Attorney Advertising Guideline 3, which prohibited excerpting judicial opinions in attorney advertisements without displaying the entire opinions. The Court held that Guideline 3, as-applied to the particular attorney, violated the First Amendment.
* ''United States v. Gunter'', 462 F.3d 237 (3d Cir. 2006): The Court held that district courts were required, under ''
United States v. Booker'', 543 U.S. 220 (2005), to treat the crack cocaine federal Sentencing Guidelines as advisory, rather than mandatory, and could consider whether the Sentencing Guidelines's differential between crack and cocaine was rational when imposing sentences. It is primarily known as the first appellate court decision after ''Booker'' to lay out the three-step process that district courts must use to sentence defendants. First, courts must, as they did before ''Booker'', calculate a defendant's Guidelines sentence. Second, they must formally rule on the motions of both parties and state on the record whether they are granting a departure and, if so, how that departure affects the Guidelines calculation. Finally, they must exercise their discretion by considering statutory sentencing factors, even if the sentence they ultimately impose does not vary from the Guidelines range.
* ''In re Owens Corning'', 419 F.3d 195 (3d Cir. 2005): The Court set out the circumstances under which a bankruptcy court may substantively consolidate affiliated (but legally separate) entities for purposes of bankruptcy.
* ''Forum for Academic & Institutional Rights v. Rumsfeld'', 390 F.3d 219 (3d Cir. 2004): FAIR, an association of law schools and law faculty, challenged the Solomon Amendment, which requires the Department of Defense to deny federal funding to institutions of higher education that bar military recruiters. The schools argued that forcing them to allow military recruiters on campus, in violation of their policies against recruitment by employers who discriminate on the basis of sexual orientation, impeded their First Amendment rights. The Third Circuit entered a preliminary injunction against enforcement of the Solomon Amendment. The Supreme Court reversed in ''
FAIR v. Rumsfeld''.
* ''Prometheus Radio Project v. FCC'', 373 F.3d 372 (3d Cir. 2004): The Court examined a host of challenges to the Federal Communications Commission's media ownership rules, which set limits on the amount of consolidation that is permitted in the broadcast industry. The opinion upheld many of the Commission's decisions but sent others back for further review. For instance, it concluded that the FCC did not sufficiently justify its chosen limits for cross-ownership in local markets or its decision to repeal the Failed Station Solicitation Rule. The case has been back in front of the Third Circuit twice since then, and Judge Ambro wrote the majority opinion each time. ''See Prometheus Radio Project v. FCC'', 652 F.3d 431 (3d Cir. 2011) (''Prometheus II''); ''Prometheus Radio Project v. FCC'', 824 F.3d 33 (3d Cir. 2016) (''Prometheus III'').
* ''Tenafly Eruv Ass'n, Inc. v. Borough of Tenafly'', 309 F.3d 144 (3d Cir. 2002): Plaintiffs were entitled to a preliminary injunction because they were likely to prevail on their First Amendment Free Exercise claim, which alleged that the Borough of Tenafly singled out Orthodox Jews when enforcing an ordinance.
His notable dissenting opinions include:
* ''Abu-Jamal v. Horn'', 520 F.3d 272 (3d Cir. 2008).
Mumia Abu-Jamal
Mumia Abu-Jamal (born Wesley Cook; April 24, 1954) is an American political activist and journalist who was convicted of murder and sentenced to death in 1982 for the 1981 murder of Philadelphia police officer Daniel Faulkner. While on death ...
is an American prisoner convicted for the 1981 murder of Philadelphia police officer
Daniel Faulkner
''Commonwealth of Pennsylvania v. Mumia Abu-Jamal'' was a 1982 murder trial in which Mumia Abu-Jamal was tried for the first-degree murder of police officer Daniel Faulkner. A jury convicted Abu-Jamal on all counts and sentenced him to death.
Ap ...
. His original sentence of death was commuted to life imprisonment, but he remains arguably "the world's best known death-row inmate."
[Rimer, Sara (December 19, 2001). "Death Sentence Overturned In 1981 Killing of Officer". The New York Times. p. 1.] In this case the Third Circuit considered several issues relating to Abu-Jamal's conviction and sentencing, notably whether the Commonwealth's use of peremptory challenges violated Abu-Jamal's constitutional rights under ''
Batson v. Kentucky'', 476 U.S. 79 (1986). The majority held that Abu-Jamal's ''Batson'' claim was barred because he had failed to contemporaneously object to the discriminatory use of peremptory challenges during jury selection. Judge Ambro dissented, disagreeing with the majority's contemporaneous objection rule and arguing that Abu-Jamal had established a prima facie case of purposeful discrimination.
* In re ''Philadelphia Newspapers'', 599 F.3d 298 (3d Cir. 2010): The majority held that, under the plain meaning of 11 U.S.C. § 1123, a debtor (here the owner of the
Philadelphia Inquirer
''The Philadelphia Inquirer'' is a daily newspaper headquartered in Philadelphia, Pennsylvania. The newspaper's circulation is the largest in both the U.S. state of Pennsylvania and the Delaware Valley metropolitan region of Southeastern Penns ...
) can conduct a sale of its assets under a plan of reorganization without allowing secured lenders to credit bid. Judge Ambro dissented, arguing that the majority's interpretation rendered a subsection of the statute superfluous and would lead to the undervaluation of collateral property. Judge Ambro's views were validated in 2012 when the Supreme Court rejected the reasoning behind the majority opinion in ''Philadelphia Newspapers'' and ruled that, under normal circumstances, a secured creditor's right to credit bid cannot be taken away by a plan's bidding structure. ''See RadLAX Gateway Hotel, LLC v. Amalgamated Bank'', 132 S. Ct. 2065 (2012).
Selected publications
* "Third Party Legal Opinions," in Asset Based Financing: A Transactional Guide (Matthew Bender 1990)
* "The First Amendment, the Courts, and 'Picking Winners,'" 87 U. Wash. L. Rev. 397 (2012) (with Paul J. Safier)
* "Citing Legal Articles in Judicial Opinions: A Sympathetic Antipathy," 80 Am. Bankr. L.J. 547 (2006)
* "Some Thoughts on the Economics of Legal Opinions," 1989 Colum. Bus. L. Rev. 307 (1989) (with J. Truman Bidwell, Jr.)
References
Sources
*
{{DEFAULTSORT:Ambro, Thomas L.
1949 births
Delaware lawyers
Georgetown University Law Center alumni
Judges of the United States Court of Appeals for the Third Circuit
Living people
People from Cambridge, Ohio
People from Wilmington, Delaware
United States court of appeals judges appointed by Bill Clinton
20th-century American judges
21st-century American judges