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She is one of the authors of Comprehensive Criminal Procedure.
Federal judicial service
On June 28, 2006, Livingston was nominated by President George W. Bush to fill former Chief Judge John M. Walker, Jr.'s seat on the Second Circuit. That nomination was returned to the president when the 109th Congress adjourned. Bush renominated Livingston on January 9, 2007, to the 110th Congress. The Senate Judiciary Committee held a hearing on her nomination on April 11, 2007, and favorably reported her nomination on April 25, 2007. The Senate confirmed her nomination on May 9, 2007, by a 91–0 vote, almost one year after she was first nominated. She received her commission on May 17, 2007. She became chief judge on September 1, 2020.
Notable rulings
In December 2019, Livingston partially dissented from a federal appeals court ruling ordering that Donald Trump comply with a subpoena and turn over his tax returns to the U.S. House of Representatives. She stated, "I cannot accept the majority's conclusions that 'this case does not concern separation of powers,' and that there is 'minimal at best' risk of distraction to this and future Presidents from legislative subpoenas of this sort." Livingston said she would send the case back to a lower court and require the House committees to provide more details about the legislative purposes behind their requests before deciding whether the banks must comply.
Livingston in 2007