Patrick J. Bumatay

Patrick Joseph Bumatay (born February 14, 1978)[2] is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit and a former Assistant United States Attorney for the Southern District of California.

Patrick J. Bumatay
Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
December 12, 2019
Appointed byDonald Trump
Preceded byCarlos Bea
Personal details
Born (1978-02-14) February 14, 1978
Secaucus, New Jersey[1]
EducationYale University (BA)
Harvard Law School (JD)

Early life and career

Bumatay earned his Bachelor of Arts, cum laude, from Yale University, and his Juris Doctor from Harvard Law School. After graduating from law school, Bumatay served as a law clerk to Judge Sandra L. Townes of the United States District Court for the Eastern District of New York and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.

Bumatay has served in various positions at the United States Department of Justice, including the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of the Associate Attorney General, and the Office of Legal Policy. He served as an Assistant United States Attorney for the Southern District of California in the San Diego office, where he was a member of the Organized Crime and Drug Enforcement Task Forces Section.[3]

He has been a member of the Federalist Society since 2003, the Federal Bar Association (San Diego chapter) since 2016, the National Asian Pacific American Bar Association in 2015 and again since 2018, the National Filipino American Lawyers Association from 2017 to 2018, and the Tom Homann LGBT Law Association since 2017.[4]

Federal judicial service

Court of appeals

On October 10, 2018, President Trump announced his intent to nominate Bumatay to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[3] Both U.S. Senators from California, Dianne Feinstein and Kamala Harris, announced their opposition to his nomination, saying they had not included Bumatay's name among those they recommended for the 9th Circuit.[5][6][7] On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat vacated by Judge Alex Kozinski, who retired on December 18, 2017.[8]

On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.

On September 20, 2019, President Donald Trump announced his intent once again to nominate Bumatay to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[9][10] Bumatay is the first Filipino American to serve as an Article III federal appellate judge and the first openly gay judge on the 9th Circuit.[11] On October 15, 2019, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat being vacated by Judge Carlos Bea, who previously announced his intention to take senior status on a date to be determined.[12] On October 30, 2019, a hearing on Bumatay's nomination was held before the Senate Judiciary Committee.[13] On November 21, 2019, his nomination was reported out of committee by a 12–10 vote.[14] On December 9, 2019, the Senate invoked cloture by a vote of 47–41.[15] On December 10, 2019, the Senate confirmed his nomination by a 53–40 vote.[16] He received his judicial commission on December 12, 2019.

Notable cases

In February 2020, Bumatay dissented from a denial of rehearing en banc in which a three-judge panel ruled that the denial of sex-reassignment surgery to an Idaho prisoner violated the Eighth Amendment. In his dissent, Bumatay argued that "the panel's decision elevates innovative and evolving medical standards to be the constitutional threshold for prison medical care. In doing so, the panel minimizes the standard for establishing a violation of the Eighth Amendment."[17]

Withdrawn nomination to district court

On January 30, 2019, President Trump announced his intent to nominate Bumatay to a seat on the United States District Court for the Southern District of California.[18] On February 6, 2019, his nomination was sent to the Senate. He was nominated to the seat vacated by Marilyn L. Huff, who took senior status on September 30, 2016.[19] His nomination was withdrawn on October 15, 2019, when he was once again nominated to a seat on the United States Court of Appeals for the Ninth Circuit.[12]

Personal life

Bumatay is openly gay.[20]

See also

References
  1. "Senate Confirms Patrick J. Bumatay to Seat on Ninth Circuit Court of Appeals", Public Information Office, United States Courts for the Ninth Circuit, December 10, 2019
  2. Voruganti, Harsh (November 18, 2019). "Patrick Bumatay – Nominee to the U.S. Court of Appeals for the Ninth Circuit". The Vetting Room. Retrieved December 2, 2019.
  3. "President Donald J. Trump Announces Eighteenth Wave of Judicial Nominees, Eighteenth Wave of United States Attorney Nominees, and Thirteenth Wave of United States Marshal Nominees". whitehouse.gov. October 10, 2018. Retrieved October 10, 2018. This article incorporates text from this source, which is in the public domain.
  4. United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Patrick Bumatay
  5. de Vogue, Ariane (October 13, 2018). "White House nominations to 9th Circuit set off firestorm". CNN. Retrieved January 31, 2019.
  6. Cummings, William (October 17, 2018). "Trump makes his second nomination of openly gay person to be federal judge". USA TODAY. Retrieved January 31, 2019.
  7. Wire, Sarah D. (October 11, 2018). "California senators will try to block White House judicial nominees for the 9th Circuit - Los Angeles Times". latimes.com. Retrieved October 16, 2018.
  8. "Twenty Six Nominations Sent to the Senate", White House, November 13, 2018
  9. "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee". whitehouse.gov. September 20, 2019. Retrieved September 20, 2019. This article incorporates text from this source, which is in the public domain.
  10. "Trump brings back 9th Circuit Court of Appeals nominee". Federal News Network. September 20, 2019. Retrieved October 21, 2019."Trump brings back 9th Circuit Court of Appeals nominee". Federal News Network. September 20, 2019. Retrieved October 21, 2019.
  11. Davis, Kristina (February 25, 2019). "San Diego prosecutor's judicial nomination gets downgraded — from 9th Circuit to district judge". San Diego Union Tribune. Retrieved May 30, 2019.
  12. "Twenty-five Nominations and Three Withdrawals Sent to the Senate" White House, October 15, 2019
  13. United States Senate Committee on the Judiciary: Nominations for October 30, 2019
  14. Results of Executive Business Meeting – November 21, 2019, Senate Judiciary Committee
  15. "U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session". www.senate.gov. Retrieved December 11, 2019.
  16. "U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session". www.senate.gov. Retrieved December 11, 2019.
  17. "9th Circuit rejects rehearing request from Idaho in Edmo case, Gov. Little vows appeal to US Supreme Court". www.idahopress.com. Retrieved February 22, 2020.
  18. "President Donald J. Trump Announces Intent to Nominate Judicial Nominees". The White House. January 30, 2019. Retrieved January 31, 2019.
  19. "Twelve Nominations Sent to the Senate", The White House, February 6, 2019
  20. Sopelsa, Brooke (October 16, 2018). "Trump nominates openly gay conservative to federal appeals court". NBC News. Retrieved February 12, 2019.
Legal offices
Preceded by
Carlos Bea		 Judge of the United States Court of Appeals for the Ninth Circuit
2019–present		 Incumbent
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