View source for Thomas Hardiman

{{Short description|American judge (born 1965)}}
{{Use mdy dates|date=June 2018}}
{{Use American English|date=July 2018}}
{{About||the South African cricketer|Thomas Hardiman (cricketer)|the American handball player|Thomas Hardiman (handballer)}}
{{Distinguish|Thomas Hardeman Jr.}}
{{Infobox judge
| name                = Thomas Hardiman
| image               = JudgeThomasHardiman.pdf
| image_upright       = 0.775
| caption             = Official portrait, 2015
| office              = Judge of the [[United States Court of Appeals for the Third Circuit]]
| appointer           = [[List of federal judges appointed by George W. Bush|George W. Bush]]
| term_start          = April 2, 2007
| term_end            = 
| predecessor         = [[Richard Lowell Nygaard]]
| successor           = 
| office1             = Judge of the [[United States District Court for the Western District of Pennsylvania]]
| appointer1          = [[List of federal judges appointed by George W. Bush|George W. Bush]]
| term_start1         = October 27, 2003
| term_end1           = April 5, 2007
| predecessor1        = [[William Lloyd Standish]]
| successor1          = [[Cathy Bissoon]]
| birth_name          = Thomas Michael Hardiman
| birth_date          = {{Birth date and age|1965|07|08}}<ref>{{Cite web |date=September 19, 2006 |title=CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS |url=https://www.congress.gov/109/chrg/shrg34698/CHRG-109shrg34698.pdf |access-date=July 24, 2021 |publisher=United States Senate Committee on the Judiciary |page=511}}</ref>
| birth_place         = [[Winchester, Massachusetts|Winchester]], [[Massachusetts]], U.S.
| death_date          = 
| death_place         = 
| spouse              = Lori Zappala
| children            = 3
| education           = [[University of Notre Dame]] ([[Bachelor of Arts|BA]])<br>[[Georgetown University Law Center|Georgetown University]] ([[Juris Doctor|JD]])
| party               = [[Republican Party (United States)|Republican]]
| image_size          = 220px
}}

'''Thomas Michael Hardiman''' (born July 8, 1965) is a [[United States federal judge|United States circuit judge]] of the [[United States Court of Appeals for the Third Circuit]]. Nominated by President [[George W. Bush]], he began active service on April 2, 2007. He maintains chambers in [[Pittsburgh, Pennsylvania]], and was previously a [[United States federal judge|United States district judge]]. 

In 2017, Hardiman was a finalist to succeed [[Antonin Scalia]] as an [[Associate Justice of the Supreme Court of the United States|Associate Justice]] of the [[Supreme Court of the United States]], alongside the eventual nominee, [[Neil Gorsuch]].<ref>{{Cite news|url=http://www.slate.com/blogs/the_slatest/2017/01/31/trump_picks_supreme_court_justice_between_finalists_gorsuch_and_hardiman.html|title=Donald Trump Chooses Conservative Judge Neil Gorsuch to Fill Supreme Court Seat|last=Hannon|first=Elliot|date=January 31, 2017|newspaper=Slate|access-date=February 15, 2017|language=en-US|issn=1091-2339}}</ref> The next year, after Justice [[Anthony Kennedy]] had announced his retirement from the Supreme Court, Hardiman was once again considered to be a frontrunner to fill the vacant seat,<ref>{{cite news|url=https://www.nytimes.com/2018/06/27/us/politics/trump-list-supreme-court-nominees.html|title=The Front-Runners and Full List of Potential Supreme Court Nominees|work=The New York Times|date=June 27, 2018|access-date=June 27, 2018}}</ref> though it was eventually filled by [[Brett Kavanaugh]].

== Early life and education ==

Hardiman was born in 1965 in [[Winchester, Massachusetts]], and was raised in [[Waltham, Massachusetts|Waltham]].<ref name=federalistsociety>{{cite journal|date=February 1, 2017|title=Hon. Thomas M. Hardiman, U.S. Court of Appeals, Third Circuit|journal=Contributor|location=Washington DC|publisher=[[The Federalist Society]] (TFS)|url=https://fedsoc.org/contributors/thomas-hardiman-1}}</ref><ref name=5facts>{{cite journal | author= Daniel S. Levine | date=January 24, 2017 | title=Thomas Hardiman: 5 Fast Facts You Need to Know  | journal = [[Heavy.com]] | location = New York, NY | publisher= Heavy, Inc. | url=http://heavy.com/news/2017/01/thomas-hardiman-wife-family-donald-trump-supreme-court-nominee-biography-age-judge-scotus/ |  access-date = February 1, 2017}}{{better source|date=February 2017}}</ref> His father, Robert, owned and operated a [[taxicab]] and [[school transportation]] business and his mother, Judith (nee' Kohler),<ref>{{cite web | url=https://heavy.com/news/2018/07/robert-hardiman-thomas-father-dad-bob/ | title=Robert Hardiman, Thomas Hardiman's Father: 5 Fast Facts You Need to Know | date=July 9, 2018 }}</ref> was a homemaker and [[Bookkeeping|bookkeeper]] for the family business.<ref name=federalistsociety/><ref name=5facts/><ref name=unorthodox/>

As a teenager, Hardiman began working part-time as a taxi driver, which he continued to do throughout high school and college.<ref name=unorthodox/><ref>{{cite journal |author =Ariane de Vogue | date=December 6, 2016 | title=Trump Could Bring a Different Kind of Diversity to the Supreme Court | journal =[[CNN]] | url=http://www.cnn.com/2016/12/06/politics/trump-diversity-supreme-court/index.html | access-date = February 1, 2017 }}</ref> In 1983, he graduated from [[Waltham High School]].<ref>{{Cite news|url=http://www.scotusblog.com/2017/01/thomas-hardiman-dark-horse-supreme-court-candidate-solid-conservative-credentials/|title=Judge Thomas Hardiman - "Dark horse" Supreme Court candidate with solid conservative credentials - SCOTUSblog|date=January 30, 2017|newspaper=SCOTUSblog|access-date=February 15, 2017|language=en-US}}</ref>

He was the first person in his family to graduate from college, receiving a [[Bachelor of Arts]] degree from the [[University of Notre Dame]] on an academic scholarship and graduating with honors in 1987.<ref name=federalistsociety/><ref name=unorthodox>{{cite news | author= Sari Horwitz | date=January 28, 2017 | title=Judge Thomas Hardiman Has Taken an Unorthodox Road to the Federal Bench  | newspaper = [[The Washington Post]] | url=https://www.washingtonpost.com/world/national-security/judge-thomas-hardiman-has-taken-an-unorthodox-road-to-the-federal-bench/2017/01/28/fb9f1878-e4a2-11e6-a453-19ec4b3d09ba_story.html |  access-date = February 1, 2017}}</ref> He then studied law at [[Georgetown University Law Center]], where he served as an editor of the ''[[Georgetown Law Journal]]''<ref name=federalistsociety/> and made the semi-finals of the Robert J. Beaudry [[Moot Court]] Competition,<ref>{{cite web | url=https://www.congress.gov/crec/2003/10/29/CREC-2003-10-29-pt1-PgS13510.pdf | title=Confirmation of Thomas Hardiman | publisher=[[United States Congress]]}}</ref> while working at law firms during the summers and academic terms to help pay his tuition.<ref name=georgetown>{{cite journal | author = Thomas Hardiman & Georgetown Law Staff  | date = October 20, 2010 | title = Georgetown Law Honors Five Distinguished Alumni | journal = Georgetown Law (Online) | format= participant autobiogr. | location = Washington DC  | publisher= [[Georgetown University Law Center]] | url = https://www.law.georgetown.edu/news/Georgetown-Law-Honors-Five-Distinguished.cfm | access-date = February 1, 2017}}</ref> He received a [[Juris Doctor]] with honors in 1990.<ref name=federalistsociety/><ref name=georgetown/>

== Early career ==

After graduation, Hardiman joined the [[Washington, DC]], office of the law firm [[Skadden, Arps, Slate, Meagher & Flom]], where he was an [[Associate lawyer|associate]] in the [[litigation]] department from 1989 to 1992.<ref name=federalistsociety/> From 1992–1999, he practiced with the [[Pittsburgh, Pennsylvania|Pittsburgh]] law firm of Titus & McConomy as an associate and then from 1996 to 1999 as a [[Law firm partner|partner]].<ref name=georgetown/> From 1999 to 2003, he was a partner in the litigation department at law firm of [[Reed Smith]], also in Pittsburgh.<ref name=federalistsociety/> His practice consisted mainly of [[Civil law (common law)|civil]] and [[white-collar criminal]] litigation.<ref>{{Cite web|url=https://www.congress.gov/109/chrg/shrg34698/CHRG-109shrg34698.pdf|title=Senate Judiciary Questionnaire|access-date=February 15, 2017}}</ref>

== Federal judicial service ==

=== District court service ===
Hardiman was appointed by President [[George W. Bush]] to be a judge of the [[United States District Court for the Western District of Pennsylvania]]. He was nominated to a seat on April 9, 2003, and was confirmed by a [[voice vote]] on October 22, 2003.<ref>{{cite web|title=PN513 — Thomas M. Hardiman — The Judiciary| date=October 22, 2003 |url=https://www.congress.gov/nomination/108th-congress/513/actions?q=%7B%22search%22%3A%5B%22Hardiman%22%2C%22Hardiman%22%5D%7D&s=1&r=8&overview=closed}}</ref> He received his commission on October 27, 2003 and took the bench on November 1, 2003.<ref name=fjc /> His service as a district court judge was terminated on April 5, 2007 when he was elevated to the court of appeals.<ref name=fjc />

=== Court of appeals service===
Hardiman was subsequently nominated to the Third Circuit by President Bush on January 9, 2007, to fill a seat vacated by Judge [[Richard Lowell Nygaard]], who assumed [[senior status]] in 2005.<ref name=fjc>{{FJC Bio|nid=1392056|inline=yes}}</ref> Hardiman was confirmed by the Senate on March 15, 2007 by a 95–0 vote.<ref>{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00078|title=On the Nomination (Confirmation Thomas M. Hardiman, of Pennsylvania, to be U.S. Circuit Judge)|website=www.senate.gov}}</ref> He received his commission on April 2, 2007.<ref name=fjc />

==Notable rulings==

===Police and prison powers===

In ''[[Florence v. Board of Chosen Freeholders]]'' (2010), Hardiman held that a jail policy of [[Strip search|strip-searching]] everyone who is arrested does not violate the prohibition of unreasonable searches and seizures in the [[Fourth Amendment to the United States Constitution|Fourth Amendment]].<ref>{{cite web | title=Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington; Burlington County Jail; Warden Jude Cole; Essex County Correctional Facility; Essex County Sheriff Department | url=http://www2.ca3.uscourts.gov/opinarch/093603p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=June 1, 2009}}</ref> The [[Supreme Court of the United States|Supreme Court]] [[Florence v. Board of Chosen Freeholders|affirmed]] the decision in 2012.

In ''Barkes v. First Correctional Medical, Inc.'' (2014), Hardiman [[dissenting opinion|dissented]] from a ruling 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 ''[[2014 term per curiam opinions of the Supreme Court of the United States|Taylor v. Barkes]]''.<ref>{{cite web | title=Karen Barkes v. First Correctional Medical, Inc., et al. | url=http://www2.ca3.uscourts.gov/opinarch/123074p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=September 5, 2014}}</ref>

=== Capital punishment ===

Hardiman has generally voted in favor of the state and against inmates when he decided on cases that centered on [[capital punishment in the United States|capital punishment]]. Most of the cases that he has encountered involved disputes surrounding the [[Antiterrorism and Effective Death Penalty Act]], a 1996 US law limiting an inmates' ability to seek [[habeas corpus]] relief from their conviction. He often affirms his belief that the Act places a high standard on inmates that they usually cannot reach.<ref name=SCOTUSblog/><ref name="The Four by 538"/> However, he joined the majority in favor of State of Delaware in ''Jackson III vs Danberg'' that was written by [[D. Michael Fisher]], which warned Delaware that the decision “should in no way be construed as license for Delaware to stay the worrisome course it appears to have taken at times under its former protocol" and that "[t]he record before us reflects an occasional blitheness on Delaware's part that, while perhaps not unconstitutional, gives us great pause. We remind Delaware not only of its constitutional obligation to ensure that the implementation of its new protocol does not run afoul of the Eighth Amendment's proscription of cruel and unusual punishment, but also of its moral obligation to carry out executions with the degree of seriousness and respect that the state-administered termination of human life demands."<ref name=SCOTUSblog>{{cite news|url=http://www.scotusblog.com/2017/01/potential-nominee-profile-thomas-hardiman/|title=Potential nominee profile: Thomas Hardiman - SCOTUSblog|newspaper=Scotusblog |date=January 23, 2017}}</ref><ref name="The Four by 538">{{cite web|url=https://fivethirtyeight.com/features/how-4-potential-nominees-would-change-the-supreme-court/|title=How Four Potential Nominees Would Change The Supreme Court|first=Oliver|last=Roeder|date=July 6, 2018}}</ref><ref name="Jackson III vs Danberg">{{Cite web |url=https://caselaw.findlaw.com/us-3rd-circuit/1505970.html |title=FindLaw's United States Third Circuit case and opinions. |last=Fisher |first=D. Michael |date=February 1, 2010 |website=Findlaw |language=en-US |access-date=2018-07-10}} {{usgovpd}}</ref>

=== Criminal sentencing ===

In two cases, Hardiman has ruled in favor of longer criminal sentences. In ''United States v. Abbott'' (2009), Hardiman held that a defendant's [[mandatory sentencing|mandatory minimum sentence]] is not affected by the imposition of another mandatory minimum for a different offense.<ref name = abbott-opinion>{{cite web | title=United States of America v. Kevin Abbott | url=http://www.scotusblog.com/wp-content/uploads/2010/01/09-479_ca3.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=July 28, 2009}}</ref> The panel held that the trial court judge had not erred in allowing the prosecutor to present evidence that the defendant had a prior conviction for a different charge, where such information is typically barred by Federal Rules of Evidence. It also upheld mandatory minimum sentences to be run consecutively, rather than concurrently, such that the defendant would serve 30 years rather than the mandatory minimum of 15 years.<ref name = abbott-opinion/> The Supreme Court affirmed the decision in 2010, in [[Abbott v. United States]].

In ''United States v. Fisher'' (2007), Hardiman ruled that a judge could find facts to enhance a criminal sentence according to the [[preponderance of the evidence]] standard.<ref>{{cite web | title=United States of America v. Tracy Lamar Fisher | url=http://www2.ca3.uscourts.gov/opinarch/061795p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=May 7, 2007}}</ref>

=== Religious freedom ===

In ''Busch v. Marple Newtown School District'' (2008), Hardiman wrote a dissenting opinion in favor of parents who described themselves as [[Evangelical Christians]] and were barred from reading from the [[Bible]] during a kindergarten "[[show and tell (education)|show and tell]]" presentation. Hardiman wrote that "the school went too far in this case in limiting participation in ‘All About Me’ week to nonreligious perspectives," which "plainly constituted" discrimination. Hardiman wrote that "the majority's desire to protect young children from potentially influential speech in the classroom is understandable," but that students cannot be barred from expressing "what is most important" about themselves.<ref>{{cite web | title=Donna Kay Busch, in Her Individual Capacity and As the Parent and Next Friend of Wesley Busch, a Minor V. Marple Newtown School District; Marple Newtown School District Board of Directors; Robert Mesaros, Superintendent of the Marple Newtown School District; Thomas Cook, Principal of Culbertson Elementary School | url=http://www2.ca3.uscourts.gov/opinarch/072967p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=June 1, 2009}}</ref> However, in August 2019, Hardiman wrote a majority opinion overturning a lower court decision that required the removal of a Christian cross from the Lehigh County Seal because its inclusion served no secular purpose and a reasonable person would see the use of a religious symbol as endorsement of a religion by the government. Hardiman, however, argued that the plaintiffs did not show evidence of a specific intent to discriminate or disrespect other religious viewpoints when the cross and no other religious symbols had been added to the seal in 1944: "more than seven decades after its adoption, the seal has become a familiar, embedded feature of Lehigh County, attaining a broader meaning than any one of its many symbols." The other symbols, including a grain silo, were not controversial. When Commissioner Harry Hertzog designed and proposed adoption of the seal in 1944, he said that the cross signified "the God-fearing people which are the foundation of our county."<ref>{{cite web | title=Injunction would make Lehigh County seal disappear, pending appeal | url=https://www.mcall.com/news/police/mc-nws-lehigh-county-seal-removal-20171102-story.html | publisher=Morning Call | date=November 2, 2017}}</ref><ref>{{cite web | title=Appeals court says cross can stay in Lehigh County's seal | url=https://www.mcall.com/news/breaking/mc-nws-lehigh-county-cross-ruling-20190808-svodqs45efdgxlq6xgo5b2txry-story.html | publisher=Morning Call | date=August 8, 2019}}</ref>

In ''Groff v. Dejoy'' (2022), Hardiman wrote a dissenting opinion in favor of a postal worker who sued the [[United States Postal Service|U.S. Postal Service]] for failing to accommodate his religious observance of the [[Sabbath]], as required by Title VII of the [[Civil Rights Act of 1964]].<ref>{{Cite web |title=Groff v. Dejoy, 35 F.4th 162 {{!}} Casetext Search + Citator |url=https://casetext.com/case/groff-v-dejoy-1 |access-date=2023-07-07 |website=casetext.com}}</ref> Hardiman questioned a 1977 Supreme Court precedent interpreting Title VII not to require such accommodations when they would impose more than a "de minimis cost" on employers. The Supreme Court granted review and reversed in an [[Groff v. DeJoy|opinion]] by Justice [[Samuel Alito]], rejecting the "de minimis" standard and remanding the case to the Third Circuit.

===Gun rights===
In ''United States vs. Barton'' (2011), Hardiman rejected a challenge to the federal law that bans [[felons]] from owning firearms.<ref>{{cite web | title=United States of America vs. James Francis Barton, Jr. | url=http://www2.ca3.uscourts.gov/opinarch/092211p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=March 4, 2011}}</ref> However, in ''Binderup v. Attorney General'' (2016), he held that such a prohibition could cover only dangerous persons who are likely to use firearms for illicit purposes.<ref>[http://www2.ca3.uscourts.gov/opinarch/144549p.pdf Binderup v. Attorney General] uscourts.gov</ref> He wrote that "the most cogent principle that can be drawn from traditional limitations on the right to keep and bear arms is that dangerous persons likely to use firearms for illicit purposes were not understood to be protected by the Second Amendment."<ref>{{cite web | title=Daniel Binderup v. Attorney General of United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives | url=http://www2.ca3.uscourts.gov/opinarch/144549p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=June 1, 2016}}</ref>

In the 2013 case ''Drake v. Filko'', Hardiman filed a dissenting opinion that argued that the [[New Jersey]] requirement for gun owners to show a "justifiable need" to carry a handgun was unconstitutional. Hardiman cited ''[[District of Columbia v. Heller]]'' and wrote that based on the ''Heller'' ruling, the [[Second Amendment to the United States Constitution|Second Amendment]] "protects an inherent right to self-defense."<ref>{{cite news | title=U.S. Supreme Court rejects NJ man's appeal of gun-carry suit | url=http://www.nj.com/sussex-county/index.ssf/2014/05/us_supreme_court_rejects_nj_mans_appeal_on_carrying_a_gun_in_public.html | publisher=[[NJ.com]] | date=May 5, 2014}}</ref><ref>{{cite web | title=John M. Drake et al. v. The Honorable Rudolph A Filko | url=http://www2.ca3.uscourts.gov/opinarch/121150p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=July 31, 2013}}</ref>

In ''Range v. Attorney General'' (2023), Hardiman wrote the majority opinion for the en banc Third Circuit holding that the federal [[Criminal possession of a weapon|law barring firearm possession by felons]] was unconstitutional under the Second Amendment as applied to a man who had been convicted of making false statements to obtain food stamps.<ref>[https://www2.ca3.uscourts.gov/opinarch/212835pen.pdf Court document] uscourts.gov</ref>

=== Free speech ===

In ''United States v. Stevens'' (2008), Hardiman voted to strike down a federal law that criminalized videos depicting [[animal cruelty]].<ref>{{cite web | title=United States of America v. Robert J. Stevens | url=https://www.bloomberglaw.com/public/desktop/document/United_States_v_Stevens_533_F3d_218_3d_Cir_2008_Court_Opinion?1485177205 | publisher=[[Bloomberg L.P.]] | date=July 18, 2008}}</ref>

In ''Kelly v. Borough of Carlisle'' (2010), Hardiman ruled that a police officer had [[qualified immunity]] because there was no clearly-established [[First Amendment to the United States Constitution|First Amendment]] right to videotape police officers during traffic stops.<ref>{{cite web | title=Brian D. Kelly v. Borough of Carlisle | url=http://www2.ca3.uscourts.gov/opinarch/092644p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=October 4, 2010}}</ref>

In ''B.H. ex rel. Hawk v. Easton Area School District'' (2013), Hardiman dissented from the court's holding that a public school violated the [[First Amendment to the United States Constitution|First Amendment]] by banning middle-school students from wearing bracelets inscribed "I [love] boobies!" sold by a [[breast cancer]] awareness group.<ref>{{cite web | title=B.H. Hawk & Relatives v. Easton Area School District | url=http://www2.ca3.uscourts.gov/opinarch/112067p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=August 5, 2013}}</ref>

In ''Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia'' (2014), Hardiman struck down a city charter provision barring police officers from donating to their union's [[political action committee]], under the [[First Amendment to the United States Constitution]].<ref>{{cite web | title=Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia | url=http://www2.ca3.uscourts.gov/opinarch/131516p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=August 18, 2014}}</ref>

In ''Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System'', Hardiman struck down the application of a county provision barring religious speech on public buses because the policy was viewpoint discriminatory against religious organizations.

===Immigration===

In ''Valdiviezo-Galdamez v. Attorney General'' (2010), Hardiman ruled in favor of a man from [[Honduras]] who was seeking asylum in the United States to avoid being recruited into a violent gang.<ref>{{cite web | title=Mauricio Valdiviezo-Galdamez v. Attorney General of United States of America | url=http://www2.ca3.uscourts.gov/opinarch/084564p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=June 1, 2016}}</ref>

In ''Di Li Li v. Attorney General'' (2015), Hardiman decided that the [[Board of Immigration Appeals]] had to reopen a case when an asylum seeker from [[China]] converted to Christianity and argued that "conditions have worsened over time" for [[Christians in China]].<ref>{{cite web | title=Di Li Li v. Attorney General of United States of America | url=http://law.justia.com/cases/federal/appellate-courts/ca3/14-1301/14-1301-2015-09-15.html | publisher=[[United States Court of Appeals for the Third Circuit]] | date=September 15, 2015}}</ref>

In ''Cazun v. Attorney General'' (2017), Hardiman [[concurring opinion|concurred]] in the judgment to explain that the [[Immigration and Nationality Act]] unambiguously forbids aliens subject to reinstated removal orders from applying for asylum and that the court should have held so without resorting to ''Chevron'' deference.<ref>{{cite web | title=Cazun v. Attorney General of United States of America | url=https://caselaw.findlaw.com/us-3rd-circuit/1858832.html | publisher=[[United States Court of Appeals for the Third Circuit]] | date=May 2, 2017}}</ref>

=== LGBT issues ===

In ''Brian D. Prowel v. Wise Business Forms, INC.'', Hardiman "wrote for the court in allowing a gender-stereotyping claim by a gay man who described himself as 'effeminate' to go forward, reversing the district court’s grant of summary judgment in favor of the company where the man worked, and which ultimately fired him."<ref>{{Cite news|url=http://www.scotusblog.com/2018/07/potential-nominee-profile-judge-thomas-hardiman-a-close-second-to-gorsuch-and-a-shortlister-again/|title=Potential nominee profile: Judge Thomas Hardiman, a close second to Gorsuch and a shortlister again - SCOTUSblog|date=2018-07-02|work=SCOTUSblog|access-date=2018-07-09|language=en-US}}</ref> Hardiman determined that Prowel's case could move forward because Prowel may argue that he faced discrimination for not conforming to the company's vision of gender norms.<ref>{{Cite magazine|url=https://time.com/5329654/donald-trump-supreme-court-nominees/|title=These Are Trump's Candidates for the Supreme Court|magazine=Time|language=en|access-date=2018-07-09}}</ref>

=== Commerce ===
In ''United States v. Pendleton'' (2011), Thomas Pendleton, a man who sexually molested a 15-year-old boy in [[Germany]] was convicted and sentenced in Delaware under the [[PROTECT Act of 2003]]. The defendant argued that the PROTECT Act was unconstitutional based on the Foreign [[Commerce Clause]]. Hardiman ruled that the PROTECT Act was valid because of an "express connection" to the channels of foreign commerce.<ref>{{cite web | title=United States of America v. Thomas S. Pendleton | url=http://www2.ca3.uscourts.gov/opinarch/101818p.pdf | publisher=[[United States Court of Appeals for the Third Circuit]] | date=September 7, 2011}}</ref>

In 2018, Hardiman held for the ''[[en banc]]'' court in ''Rotkiske v. Klemm'' that [[circuit split|despite the decisions]] of the [[United States Court of Appeals for the Fourth Circuit|Fourth]] and the [[United States Court of Appeals for the Ninth Circuit|Ninth]] Circuits, the [[statute of limitations]] under the [[Fair Debt Collection Practices Act]] begins to run when a violation of the Act occurs, not when the violation is later discovered.<ref>{{Cite web|url=http://www2.ca3.uscourts.gov/opinarch/161668p.pdf|title=Rotkiske v. Klemm|website=U.S. Court of Appeals, Third Circuit}}</ref>

== Affiliations and recognition ==

Before becoming a judge, Hardiman was a member of the bars of [[Pennsylvania]], [[Massachusetts]], and the [[Washington, D.C.|District of Columbia]].<ref name=federalistsociety/> Since 2013, Hardiman has served as chair of the Committee on Information Technology of the [[Judicial Conference of the United States]].<ref>{{cite news |url=http://www.uscourts.gov/news/2013/10/04/terms-begin-new-conference-committee-chairs |title=Terms Begin for New Conference Committee Chairs |date=October 4, 2013}}</ref><ref>{{cite journal |author =Ariane de Vogue | date=January 24, 2017 | title=Examining the Top Contenders on Trump's Supreme Court List | journal =[[CNN]] | url=http://www.cnn.com/2017/01/24/politics/trump-supreme-court-nomination-search/index.html | access-date = February 1, 2017 }}</ref> As of January 2017, he was a member of the [[American Law Institute]], a master of the Edward M. Sell University of Pittsburgh Chapter of the [[American Inns of Court]], and a fellow in the Academy of Trial Lawyers of Allegheny County.<ref name=federalistsociety/><ref>{{cite conference |author=Thomas Hardiman & NCJC Staff | year= 2015 |title= Speakers, Panelists and Special Guests: Circuit Judge Thomas M. Hardiman | conference= Ninth Circuit Judicial Conference, July 13–15 | conference-url= http://www.ca9.uscourts.gov/judicial_conference/2015/index.html |archive-url=https://web.archive.org/web/20150715231637/http://www.ca9.uscourts.gov/judicial_conference/2015/speakers.html|archive-date=2015-07-15|location= San Diego, CA | format= participant autobiogr. | url= http://www.ca9.uscourts.gov/judicial_conference/2015/speakers.html |access-date = February 1, 2017 |url-status=dead }}{{third party inline|date=February 2017}}</ref>{{better source|date=February 2017}}

In 2010 Hardiman received the [[Georgetown University Law Center]]'s Paul R. Dean Award recognizing distinguished alumni.<ref name=federalistsociety/><ref name=georgetown/>

== Personal life ==

Hardiman married Lori Hardiman (née Zappala), an attorney and real estate professional, in 1992.<ref name="chosenone">{{cite journal|date=June 26, 2003|title=Bush's Chosen One|url=http://www.pghcitypaper.com/pittsburgh/bushs-chosen-one/Content?oid=1335199|journal=[[Pittsburgh City Paper]]|location=Butler, PA|publisher=Eagle Media Corp.|access-date=February 1, 2017|author=Rich Lord}}{{update after|2017|2|1}}{{better source|date=February 2017}}</ref> The Zappala family, which includes [[Stephen Zappala]] and [[Stephen Zappala Sr.]], are prominent [[Democratic Party (United States)|Democrats]].<ref name=chosenone/><ref name=unorthodox/> Hardiman is the father of three children.<ref>{{cite news | title=Pittsburgh judge Hardiman on Trump's short list for Supreme Court | url=http://www.post-gazette.com/local/city/2017/01/24/Trump-narrows-down-Supreme-Court-nominee-list-Pittsburgh-federal-judge-Thomas-Hardiman/stories/201701240195 | author=Paula Reed Ward and Tracie Mauriello | publisher=[[Pittsburgh Post-Gazette]] | date=January 24, 2017}}</ref> Hardiman is [[Catholic Church|Roman Catholic]].<ref>{{Cite web|url=https://www.npr.org/2018/07/07/626711777/religion-the-supreme-court-and-why-it-matters|title=Religion, The Supreme Court And Why It Matters|website=NPR.org|date=July 7, 2018 |language=en|access-date=2019-10-13|last1=McCammon |first1=Sarah |last2=Montanaro |first2=Domenico }}</ref>

As a student, Hardiman participated in an exchange program in [[Mexico]], and he later volunteered with the Ayuda immigration legal aid office in Washington, D.C., representing immigrants.<ref name=unorthodox/>

Hardiman is a board member and former president of [[Big Brothers Big Sisters of America|Big Brothers Big Sisters]] of [[Greater Pittsburgh]].<ref name=federalistsociety/>

== See also ==
* [[Donald Trump Supreme Court candidates]]

==References==
{{Reflist|33em}}

== Further reading ==
* {{cite journal | author = Howe, Amy | date = January 23, 2017 | title = Potential Nominee Profile: Thomas Hardiman |  journal = SCOTUSblog | location = Washington, DC | publisher = Goldstein & Howe, PC  | url = http://www.scotusblog.com/2017/01/potential-nominee-profile-thomas-hardiman/ | access-date = February 1, 2017 }}
* {{cite journal | author= Bill Whelan | date= June 10, 2016 | title=Waltham High Retirees Reflect on Their Careers  | journal = Wicked Local Waltham [Mass.] | location = Pittsford, NY | publisher= GateHouse Media | url=http://waltham.wickedlocal.com/news/20160610/waltham-high-retirees-reflect-on-their-careers |  access-date = February 1, 2017}}  Mentions his participation in Chess, in high school.
* Ward, Pamela Reed, [http://www.post-gazette.com/frontpage/2007/04/06/Hardiman-newest-judge-on-federal-appeals-court/stories/200704060202 "Hardiman newest judge on federal appeals court"] ''[[Pittsburgh Post-Gazette]]'', April 6, 2007
* Ward, Pamela Reed, [http://www.post-gazette.com/frontpage/2007/03/17/Hardiman-named-to-U-S-court-of-appeals/stories/200703170133 "Hardiman named to U.S. court of appeals"] ''[[Pittsburgh Post-Gazette]]'', March 17, 2007.
* O'Toole, James, [http://www.post-gazette.com/news/nation/2006/09/14/Bush-picks-Hardiman-for-appeals-post/stories/200609140346 "Bush picks Hardiman for appeals post"] ''[[Pittsburgh Post-Gazette]]'', September 14, 2006.
* Cato, Jason, [https://web.archive.org/web/20180812113543/https://www.highbeam.com/doc/1P2-11263198.html "Bush nominates area judge to appeals court"] ''[[Pittsburgh Tribune-Review]]'', September 14, 2006.
* Ward, Pamela Reed, [http://www.post-gazette.com/frontpage/2006/08/23/Judge-Hardiman-considered-for-federal-appeals-post/stories/200608230180 "Judge Hardiman considered for federal appeals post"] ''[[Pittsburgh Post-Gazette]]'', August 23, 2006.
* Cato, Jason, [https://www.highbeam.com/doc/1P2-11258471.html "U.S. judge here eyed for court of appeals"]{{dead link|date=January 2025|bot=medic}}{{cbignore|bot=medic}} ''[[Pittsburgh Tribune-Review]]'', August 23, 2006.

== External links ==
{{wikiquote}}
* {{FJC Bio|nid=1392056}}
* [http://www.usdoj.gov/archive/olp/thardimanresume.htm U.S. Department of Justice Nominee Resume]
* {{C-SPAN|1022227}}
* {{Librivox author |id=14355}}

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{{s-bef|before=[[William Lloyd Standish]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States District Court for the Western District of Pennsylvania]]}}|years=2003–2007}}
{{s-aft|after=[[Cathy Bissoon]]}}
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{{s-bef|before=[[Richard Lowell Nygaard]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States Court of Appeals for the Third Circuit]]}}|years=2007–present}}
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{{USCourtsOfAppealsJudges}}
{{Authority control}}

{{DEFAULTSORT:Hardiman, Thomas}}
[[Category:1965 births]]
[[Category:Living people]]
[[Category:20th-century American lawyers]]
[[Category:21st-century American lawyers]]
[[Category:American taxi drivers]]
[[Category:Georgetown University Law Center alumni]]
[[Category:Judges of the United States District Court for the Western District of Pennsylvania]]
[[Category:Judges of the United States Court of Appeals for the Third Circuit]]
[[Category:People from Winchester, Massachusetts]]
[[Category:United States district court judges appointed by George W. Bush]]
[[Category:United States court of appeals judges appointed by George W. Bush]]
[[Category:University of Notre Dame alumni]]
[[Category:Waltham High School alumni]]