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Patrick J. Bumatay

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Patrick J. Bumatay
Judge of the United States Court of Appeals for the Ninth Circuit
Incumbent
Assumed office
December 12, 2019
Appointed byDonald Trump
Preceded byCarlos Bea
Personal details
Born (1978-02-14) February 14, 1978 (age 46)
Secaucus, New Jersey, U.S.[1]
EducationYale University (BA)
Harvard University (JD)

Patrick Joseph Bumatay (born February 14, 1978)[2] is an American lawyer and jurist who serves as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit.

Early life and education

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Bumatay was born in 1978 in Secaucus, New Jersey. He graduated from Yale University in 2000 with a Bachelor of Arts, cum laude. He spent three years as a political campaign staffer and as a paralegal in the Executive Office of the President of the United States. He then attended Harvard Law School, where he was an editor of the Harvard Journal of Law and Public Policy, and graduated in 2006 with a Juris Doctor.[3]

Early career

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After graduating from law school, Bumatay was a law clerk to Judge Timothy Tymkovich of the U.S. Court of Appeals for the Tenth Circuit from 2006 to 2007. He was a special assistant in the U.S. Department of Justice's Office of Legal Policy from 2007 to 2008 and Office of the Associate Attorney General from 2008 to 2009. He then clerked for Judge Sandra L. Townes of the U.S. District Court for the Eastern District of New York from 2009 to 2010.

From 2010 to 2012, Bumatay was in private practice as an associate at the New York City law firm Morvillo Abramowitz Grand Iason & Anello. From 2012 until his judicial appointment in 2018, Bumatay was a federal prosecutor 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.[4]

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.[5]

Federal judicial service

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Court of appeals

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On October 10, 2018, President Donald 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.[4] Both 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 Ninth Circuit.[6][7][8] 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.[9]

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 Trump announced his intent to again nominate Bumatay.[10][11] On October 15, 2019, his nomination was sent to the Senate. Bumatay was nominated to the seat being vacated by Judge Carlos Bea, who previously announced his intention to assume senior status upon confirmation of a successor.[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 47–41 vote.[15] On December 10, 2019, his nomination was confirmed by a 53–40 vote.[16] He received his judicial commission on December 12, 2019.[17] Bumatay is the first Filipino American to serve as an Article III federal appellate judge and the first openly gay judge on the Ninth Circuit.[18]

Notable cases

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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."[19]

In September 2020, Bumatay dissented from a denial of rehearing en banc where a three-judge panel upheld the federal firearm ban statute for persons committed to a mental institution. Bumatay argued the panel ignored the history and tradition of the Second Amendment and improperly applied an intermediate scrutiny standard as standard of review.[20]

In October 2020, Bumatay wrote for the unanimous panel when it found that an injunction to meet emission standard deadlines under the Clean Air Act could not be enforced against the United States Environmental Protection Agency after the EPA itself promulgated rulemaking setting new deadlines.[21][22]

Withdrawn nomination to district court

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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.[23] On February 6, 2019, his nomination was sent to the Senate. He was nominated to the seat vacated by Marilyn L. Huff, who assumed senior status on September 30, 2016.[24] His nomination was withdrawn on October 15, 2019, when he was once again nominated to a seat on the Ninth Circuit.[12]

Personal life

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Bumatay is a Filipino American and openly gay.[25]

See also

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References

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  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. ^ FJC Questionnaire.
  4. ^ a b "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 – via National Archives. Public Domain This article incorporates text from this source, which is in the public domain.
  5. ^ United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Patrick Bumatay
  6. ^ de Vogue, Ariane (October 13, 2018). "White House nominations to 9th Circuit set off firestorm". CNN. Retrieved January 31, 2019.
  7. ^ Cummings, William (October 17, 2018). "Trump makes his second nomination of openly gay person to be federal judge". USA TODAY. Retrieved January 31, 2019.
  8. ^ Wire, Sarah D. (October 11, 2018). "California senators will try to block White House judicial nominees for the 9th Circuit - Los Angeles Times". Los Angeles Times. Retrieved October 16, 2018.
  9. ^ "Twenty Six Nominations Sent to the Senate", White House, November 13, 2018
  10. ^ "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee". whitehouse.gov. September 20, 2019. Retrieved September 20, 2019 – via National Archives. Public Domain This article incorporates text from this source, which is in the public domain.
  11. ^ "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.
  12. ^ a b "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. ^ "On the Cloture Motion (Motion to Invoke Cloture: Patrick J. Bumatay to be U.S. Circuit Judge for the Ninth Circuit)". www.senate.gov. Retrieved December 11, 2019.
  16. ^ "On the Nomination (Confirmation: Patrick J. Bumatay, of California, to be U.S. Circuit Judge for the Ninth Circuit)". www.senate.gov. Retrieved December 11, 2019.
  17. ^ Patrick J. Bumatay at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  18. ^ 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.
  19. ^ "9th Circuit rejects rehearing request from Idaho in Edmo case, Gov. Little vows appeal to US Supreme Court". www.idahopress.com. February 11, 2020. Retrieved February 22, 2020.
  20. ^ "Mai v. United States, 974 F.3d 1082 (9th Cir. 2020)" (PDF).
  21. ^ Note, Recent Case: Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law, 134 Harv. L. Rev. 2606 (2021).
  22. ^ California v. EPA, 978 F.3d 708 (9th Cir. 2020).
  23. ^ "President Donald J. Trump Announces Intent to Nominate Judicial Nominees". whitehouse.gov. January 30, 2019. Retrieved January 31, 2019 – via National Archives.
  24. ^ "Twelve Nominations Sent to the Senate", The White House, February 6, 2019
  25. ^ Sopelsa, Brooke (October 16, 2018). "Trump nominates openly gay conservative to federal appeals court". NBC News. Retrieved February 12, 2019.
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Legal offices
Preceded by Judge of the United States Court of Appeals for the Ninth Circuit
2019–present 		Incumbent
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