Eric Murphy
2019 - Present
6
Eric Earl Murphy is a judge on the United States Court of Appeals for the 6th Circuit. He was nominated to the court by President Donald Trump (R) on January 23, 2019, and confirmed by the U.S. Senate on March 7, 2019, by a vote of 52-46.[1][2] To see a full list of judges appointed by Donald Trump, click here.
The United States Court of Appeals for the 6th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 6th Circuit Court, click here.
At the time of his nomination, Murphy was the state solicitor of Ohio in the office of the Ohio attorney general.[3]
Judicial nominations and appointments
United States Court of Appeals for the 6th Circuit
- See also: Federal judges nominated by Donald Trump
Murphy was nominated to the United States Court of Appeals for the 6th Circuit by President Donald Trump (R) on January 23, 2019. The U.S. Senate confirmed Murphy on March 7, 2019, by a vote of 52-46.[1] He received commission on March 11, 2019.[2] To read more about the federal nomination process, click here.
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| Nominee Information |
| Name: Eric Murphy |
| Court: United States Court of Appeals for the 6th Circuit |
| Progress |
| Confirmed 273 days after nomination. |
 Nominated: June 7, 2018
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| ABA Rating: Substantial Majority Qualified/Minority Well Qualified
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| Questionnaire: Questionnaire |
| Hearing: October 10, 2018
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| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: February 7, 2019
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| Confirmed: March 7, 2019
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| Vote: 52-46
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Confirmation vote
The U.S. Senate confirmed Murphy on March 7, 2019, on a vote of 52-46.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Eric Murphy confirmation vote (March 7, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
0 | 44 | 1 | ||||||
 Republican |
52 | 0 | 1 | ||||||
 Independent |
0 | 2 | 0 | ||||||
| Total | 52 | 46 | 2 | ||||||
Senate Judiciary Committee hearing
The Senate Judiciary Committee voted to advance Murphy's nomination to the full Senate on February 7, 2019.[1]
Nomination
Murphy was nominated to replace Judge Alice Batchelder, who assumed senior status on March 7, 2019.
The American Bar Association rated Murphy qualified by a substantial majority and well qualified by a minority for the position.[4] To read more about ABA ratings, click here.
Murphy was initially nominated to the court by President Donald Trump (R) on June 7, 2018.[3] The Senate Judiciary Committee held hearings on Murphy's nomination October 10.[5] on At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Murphy's nomination to President Trump.[6] Murphy was one of 51 individuals the president re-nominated on January 23, 2019.[7]
Opposition from home-state senator
Sen. Sherrod Brown (D-Ohio) opposed Murphy's nomination. Referring to Obergefell v. Hodges and Husted v. Randolph Institute, Brown said in a statement, "As the State Solicitor of Ohio in the Office of the Ohio Attorney General, Eric Murphy argued against marriage equality in the landmark Obergefell case. He also defended Ohio’s voter purge."[8]
Sen. Rob Portman (R-Ohio) supported Murphy's nomination, saying Murphy was highly experienced and well rated by the American Bar Association.[9]
Education
Murphy earned his bachelor's degree, summa cum laude, from Miami University in 2001 and his J.D., with high honors, from the University of Chicago Law School, where he was Order of the Coif, in 2005. During a period of his legal studies, Murphy served as a member of the University of Chicago Law Review.[3][10]
Professional career
- 2019-present: Judge, United States Court of Appeals for the 6th Circuit
- 2013-2019: State solicitor, Office of the Ohio Attorney General
- 2007-2013: Attorney, Jones Day global law firm
- 2006-2007: Law clerk, Hon. Anthony Kennedy, Supreme Court of the United States
- 2005-2006: Law clerk, Hon. Harvie Wilkinson, United States Court of Appeals for the 4th Circuit[11][2]
About the court
| Sixth Circuit |
|---|
| Court of Appeals |
|
| Judgeships |
| Posts: 16 |
| Judges: 16 |
| Vacancies: 0 |
| Judges |
| Chief: Jeffrey Sutton |
| Active judges: Rachel Bloomekatz, John K. Bush, Eric Clay, Stephanie Dawkins Davis, Richard Griffin, Whitney Hermandorfer, Raymond Kethledge, Joan Larsen, Andre Mathis, Karen Moore, Eric Murphy, John Nalbandian, Chad Readler, Kevin Ritz, Jeffrey Sutton, Amul Thapar Senior judges: |
The United States Court of Appeals for the Sixth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.
The Sixth Circuit has 16 authorized judicial posts. The chief judge of the court is Jeffrey Sutton, who was appointed by President George W. Bush (R). Six of the judges on the court were appointed by Donald Trump (R).
Appeals are heard in the Potter Stewart United States Courthouse in Cincinnati, Ohio.
Four judges of the Sixth Circuit went on to serve on the Supreme Court of the United States. Howell Edmunds Jackson was appointed to the Supreme Court in 1893 by Benjamin Harrison (R), William R. Day was appointed in 1903 by Theodore Roosevelt (R), Horace Harmon Lurton was appointed in 1909 by William Howard Taft (R), and Potter Stewart was appointed in 1958 by Dwight Eisenhower (R).
The Sixth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Sixth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Sonia Sotomayor is the circuit justice for the Sixth Circuit.
The United States Court of Appeals for the 6th Circuit has appellate jurisdiction over the United States district courts in the following federal judicial districts:
To read opinions published by this court, click here.
The federal nomination process
Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:
- The president nominates an individual for a judicial seat.
- The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
- The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
- As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
- After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
- If approved, the nominee is voted on by the full Senate.
- If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
- The Senate holds a vote on the candidate.
- If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
- If the Senate does not confirm the nomination, that nominee does not become a judge.
Noteworthy cases
Sixth Circuit narrows applications of Chevron deference in criminal contexts (2021)
A divided three-judge panel of the United States Court of Appeals for the Sixth Circuit on March 25, 2021, limited applications Chevron deference in the criminal context in its Gun Owners of America v. Garland decision, which invalidated the Trump administration’s bump stock ban.[12][13]
The court declined to apply Chevron deference to the Bureau of Alcohol, Tobacco, and Firearm's statutory interpretation supporting the agency’s rule that allowed bump stocks to be classified as machine guns. The court held that Chevron deference did not apply because the law in question was a criminal statute. The court also found that the district court should have permitted the plaintiffs’ request for an injunction to block the rule.[12][13]
“Consistent with our precedent and mandated by separation-of-powers and fair-notice concerns,” wrote Judge Alice Batchelder in the opinion, “we hold that an administering agency's interpretation of a criminal statute is not entitled to Chevron deference.”[12][13]
Judge Eric Murphy joined Judge Batchelder in the opinion. Judge Helene White dissented.[13]
Judge White disagreed with the court’s limitation on Chevron deference. “The Supreme Court has applied Chevron in the criminal context in three binding decisions—Chevron itself, Babbitt, and O'Hagan—and has never purported to overrule those cases,” she wrote.[12][13]
The court remanded the case to the district court and eliminated the possibility of a nationwide injunction by limiting any subsequent injunctions to the four states within the Sixth Circuit.[12][13]
See also
External links
- Search Google News for this topic
- Biography from the Federal Judicial Center
- United States Court of Appeals for the 6th Circuit
- President Donald J. Trump Announces Fifteenth Wave of Judicial Nominees
Footnotes
- ↑ 1.0 1.1 1.2 1.3 congress.gov, "PN242 - Eric E. Murphy - The Judiciary," accessed May 1, 2020
- ↑ 2.0 2.1 2.2 Federal Judicial Center, "Murphy, Eric Earl," accessed March 12, 2019
- ↑ 3.0 3.1 3.2 WhiteHouse.gov, "President Donald J. Trump Announces Fifteenth Wave of Judicial Nominees, Fourteenth Wave of United States Attorney Nominees, and Ninth Wave of United States Marshal Nominees," June 7, 2018
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed May 1, 2020
- ↑ Congress.gov, "PN2144 — Eric E. Murphy — The Judiciary," accessed October 29, 2018
- ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
- ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
- ↑ Sherrod Brown, Senator for Ohio, "Brown Will Not Support Judge Nominees Who Worked To Strip Ohioans of Their Rights," June 8, 2018
- ↑ Cleveland.com, "Senate confirms Ohio’s Eric Murphy as a federal judge over objections from Democrats," March 7, 2019
- ↑ Ohio Attorney General, "Eric Murphy," accessed June 8, 2018
- ↑ Jones Day, "Jones Day associate Eric Murphy named Ohio State Solicitor," August 2013
- ↑ 12.0 12.1 12.2 12.3 12.4 Reason, "Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute," March 25, 2021
- ↑ 13.0 13.1 13.2 13.3 13.4 13.5 United States Court of Appeals for the Sixth Circuit, "Gun Owners of America v. Garland," March 25, 2021
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the 6th Circuit 2019-Present |
Succeeded by - |
| |||
|---|---|---|---|
| 2017 |
Thomas Parker • Elizabeth Branch • Neil Gorsuch • Amul Thapar • David C. Nye • John K. Bush • Kevin Newsom • Timothy J. Kelly • Ralph Erickson • Scott Palk • Trevor McFadden • Joan Larsen • Amy Coney Barrett • Allison Eid • Stephanos Bibas • Donald Coggins Jr. • Dabney Friedrich • Greg Katsas • Steven Grasz • Don Willett • James Ho • William L. Campbell Jr. • David Stras • Tilman E. Self III • Karen Gren Scholer • Terry A. Doughty • Claria Horn Boom • John Broomes • Rebecca Grady Jennings • Kyle Duncan • Kurt Engelhardt • Michael B. Brennan • Joel Carson • Robert Wier • Fernando Rodriguez Jr. • Annemarie Carney Axon • | ||
| 2018 |
Andrew Oldham • Amy St. Eve • Michael Scudder • John Nalbandian • Mark Bennett • Andrew Oldham • Britt Grant • Colm Connolly • Maryellen Noreika • Jill Otake • Jeffrey Beaverstock • Emily Coody Marks • Holly Lou Teeter • Julius Richardson • Charles B. Goodwin • Barry Ashe • Stan Baker • A. Marvin Quattlebaum Jr. • Terry F. Moorer • Susan Baxter • William Jung • Alan Albright • Dominic Lanza • Eric Tostrud • Charles Williams • Nancy E. Brasel • James Sweeney • Kari A. Dooley • Marilyn J. Horan • Robert Summerhays • Brett Kavanaugh • David Porter • Liles Burke • Michael Juneau • Peter Phipps • Lance Walker • Richard Sullivan • Eli Richardson • Ryan Nelson • Chad F. Kenney, Sr. • Susan Brnovich • William M. Ray, II • Jeremy Kernodle • Thomas Kleeh • J.P. Hanlon • Mark Norris • Jonathan Kobes • Michael Brown • David Counts | ||
| 2019 |
Eric Miller • Chad Readler • Eric Murphy • Neomi Rao • Paul Matey • Allison Jones Rushing • Bridget S. Bade • Roy Altman • Patrick Wyrick • Holly Brady • David Morales • Andrew Brasher • J. Campbell Barker • Rodolfo Ruiz • Daniel Domenico • Michael Truncale • Michael Park • Joseph Bianco • Raúl Arias-Marxuach • Daniel Collins • Joshua Wolson • Wendy Vitter • Kenneth Kiyul Lee • Kenneth Bell • Stephen Clark • Howard Nielson • Rodney Smith • Jean-Paul Boulee • Sarah Daggett Morrison • Rossie Alston • Pamela A. Barker • Corey Maze • Greg Guidry • Matthew Kacsmaryk • Allen Winsor • Carl Nichols • James Cain, Jr. • Tom Barber • J. Nicholas Ranjan • Clifton L. Corker • Peter Phipps • Daniel Bress • Damon Leichty • Wendy W. Berger • Peter Welte • Michael Liburdi • William Shaw Stickman • Mark Pittman • Karin J. Immergut • Jason Pulliam • Brantley Starr • Brian Buescher • James Wesley Hendrix • Timothy Reif • Martha Pacold • Sean Jordan • Mary Rowland • John M. Younge • Jeff Brown • Ada Brown • Steven Grimberg • Stephanie A. Gallagher • Steven Seeger • Stephanie Haines • Mary McElroy • David J. Novak • Frank W. Volk • Charles Eskridge • Rachel Kovner • Justin Walker • T. Kent Wetherell • Danielle Hunsaker • Lee Rudofsky • Jennifer Philpott Wilson • William Nardini • Steven Menashi • Robert J. Luck • Eric Komitee • Douglas Cole • John Sinatra • Sarah Pitlyk • Barbara Lagoa • Richard Myers II • Sherri Lydon • Patrick Bumatay • R. Austin Huffaker • Miller Baker • Anuraag Singhal • Karen Marston • Jodi Dishman • Mary Kay Vyskocil • Matthew McFarland • John Gallagher • Bernard Jones • Kea Riggs • Robert J. Colville • Stephanie Dawkins Davis • Gary R. Brown • David Barlow • Lewis Liman | ||
| 2020 |
Lawrence VanDyke • Daniel Traynor • John Kness • Joshua Kindred • Philip Halpern • Silvia Carreno-Coll • Scott Rash • John Heil • Anna Manasco • John L. Badalamenti • Drew Tipton • Andrew Brasher • Cory Wilson • Scott Hardy • David Joseph • Matthew Schelp • John Cronan • Justin Walker • Brett H. Ludwig • Christy Wiegand • Thomas Cullen • Diane Gujarati • Stanley Blumenfeld • Mark Scarsi • John Holcomb • Stephen P. McGlynn • Todd Robinson • Hala Jarbou • David Dugan • Iain D. Johnston • Franklin U. Valderrama • John Hinderaker • Roderick Young • Michael Newman • Aileen Cannon • James Knepp • Kathryn Kimball Mizelle • Benjamin Beaton • Kristi Johnson • Toby Crouse • Philip Calabrese • Taylor McNeel • Thomas Kirsch • Stephen Vaden • Katherine Crytzer • Fernando Aenlle-Rocha • Charles Atchley • Joseph Dawson | ||
| 2025 |
Whitney Hermandorfer • Joshua Divine • Cristian M. Stevens • Zachary Bluestone • Emil Bove • Edward Artau • Kyle Dudek• Maria Lanahan• Jennifer Mascott | ||
Federal courts:
Sixth Circuit Court of Appeals • U.S. District Court: Northern District of Ohio, Southern District of Ohio • U.S. Bankruptcy Court: Northern District of Ohio, Southern District of Ohio
State courts:
Ohio Supreme Court • Ohio District Courts of Appeal • Ohio Courts of Common Pleas • Ohio County Courts • Ohio Municipal Courts • Ohio Court of Claims
State resources:
Courts in Ohio • Ohio judicial elections • Judicial selection in Ohio
