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Michael Park

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Michael H. Park
Image of Michael H. Park
United States Court of Appeals for the 2nd Circuit
Tenure

2019 - Present

Years in position

6

Education

Bachelor's

Princeton University, 1998

Law

Yale Law School, 2001


Michael H. Park is a judge on the United States Court of Appeals for the 2nd Circuit. He was nominated to the court by President Donald Trump (R) on November 13, 2018, and confirmed by the U.S. Senate on May 9, 2019, by a vote of 52-41.[1] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 2nd 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 court, click here.

At the time of his appointment, Park was a partner in the New York City office of Consovoy McCarthy Park PLLC. He also served as an adjunct professor at the Antonin Scalia Law School of George Mason University.[2]

Judicial nominations and appointments

United States Court of Appeals for the 2nd Circuit

See also: Federal judges nominated by Donald Trump

Park was nominated to the United States Court of Appeals for the 2nd Circuit by President Donald Trump (R) on November 13, 2018. The U.S. Senate confirmed Park on May 9, 2019, by a vote of 52-41.[1] He joined the court on May 13, 2019, after receiving his commission and taking his judicial oath.[3] To read more about the federal nomination process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Michael H. Park
Court: United States Court of Appeals for the 2nd Circuit
Progress
Confirmed 177 days after nomination.
ApprovedANominated: November 13, 2018
ApprovedAABA Rating: Majority Well Qualified/Minority Qualified
Questionnaire: Questionnaire
ApprovedAHearing: February 13, 2019
QFRs: (Hover over QFRs to read more)
ApprovedAReported: March 7, 2019 
ApprovedAConfirmed: May 9, 2019
ApprovedAVote: 52-41


Confirmation vote

The U.S. Senate confirmed Park on May 9, 2019, on a vote of 52-41.[4] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Park confirmation vote May 9, 2019
Party Yea Nay No vote
Electiondot.png Democratic 0 39 6
Ends.png Republican 52 0 1
Grey.png Independent 0 2 0
Total 52 41 7

Senate Judiciary Committee hearing

Park had his hearing before the Senate Judiciary Committee on February 13, 2019. The committee voted to advance Park's nomination to the full Senate on March 7, 2019, after a 12-10 vote.[5]

Opposition from home-state senators

See also: Blue slip (federal judicial nominations)

On October 10, 2018, President Trump announced his intent to nominate Michael Park to the United States Court of Appeals for the 2nd Circuit.[6] The nomination was officially submitted to the U.S. Senate on November 13, 2018.

Home-state Senators Chuck Schumer (D) and Kirsten Gillibrand (D) of New York opposed the nominee and did not return blue slips.[7]

In a statement, Schumer said, "Mr. Park has spent much of his career working in opposition to civil rights and seeking to advance the far-right agenda. He has been on the front lines of efforts to dismantle affirmative action policies in education, strike down our health care law, and is currently defending the Trump administration's effort to insert a citizenship question into the 2020 census."[8]

Sen. Josh Hawley (R-Missouri) supported Park's nomination. "As a litigator, you don’t necessarily share the views of the people – in fact very often, having been a litigator myself, I can say that you might disagree quite strongly with the views of the people, or the litigating positions even, of the people you represent, but it’s your job to represent them fairly and effectively," he said.[9]

Nomination

On October 10, President Donald Trump (R) announced his intent to nominate Park to a seat on the United States Court of Appeals for the 2nd Circuit.[2] The U.S. Senate received Park's nomination on November 13, 2018.[1]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Park's nomination to President Trump.[10] Park was one of 51 individuals the president re-nominated on January 23, 2019.[11]

Park was nominated to replace Judge Gerard Lynch, who assumed senior status on September 5, 2016.

The American Bar Association rated Park well qualified by a majority and qualified by a minority for the position.[12]

Education

Park obtained an A.B., magna cum laude, from Princeton University. He received a J.D. from Yale Law School. During his legal studies, he was managing editor of the Yale Law Journal.[2]

Professional career

About the court

Second Circuit
Court of Appeals
US-CourtOfAppeals-2ndCircuit-Seal.png
Judgeships
Posts: 13
Judges: 13
Vacancies: 0
Judges
Chief: Debra Livingston
Active judges: Joseph Bianco, Maria Araujo Kahn, Eunice Lee, Debra Livingston, Raymond Lohier, Steven Menashi, Sarah Ann Leilani Merriam, William Nardini, Alison J. Nathan, Michael H. Park, Myrna Pérez, Beth Robinson, Richard Sullivan

Senior judges:
Jose Cabranes, Guido Calabresi, Susan L. Carney, Denny Chin, Dennis Jacobs, Amalya Kearse, Pierre Leval, Gerard Lynch, Jon Newman, Barrington Parker, Jr., Rosemary Pooler, Reena Raggi, Robert Sack, Chester Straub, John Walker, Richard Wesley


The United States Court of Appeals for the Second 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.

Appeals are heard in the Thurgood Marshall Federal Courthouse in New York City.

Four judges of the Second Circuit went on to serve on the Supreme Court of the United States. John Marshall Harlan II was appointed to the Supreme Court in 1955 by Dwight Eisenhower, Thurgood Marshall was appointed in 1967 by Lyndon Johnson, and Sonia Sotomayor was appointed in 2009 by Barack Obama.

The 2nd 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 Second Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Ruth Bader Ginsburg is the circuit justice for the Second Circuit.

The United States Court of Appeals for the Second Circuit's territory comprises the states of Connecticut, New York, and Vermont. The court 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.


See also

External links


Footnotes

  1. 1.0 1.1 1.2 Congress.gov, "PN2595 — Michael H. Park — The Judiciary," accessed February 14, 2019
  2. 2.0 2.1 2.2 WhiteHouse.gov, "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," October 10, 2018
  3. New York Law Journal, "Michael Park Confirmed to 2nd Circuit, Becoming Trump's Third Appointee to Court," May 9, 2019
  4. Congress.Gov, "PN245 — Michael H. Park — The Judiciary," accessed April 14, 2020
  5. Senate Judiciary Committee, "Results of Executive Business Meeting – March 7, 2019," accessed May 10, 2019
  6. WhiteHouse.gov, "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," October 10, 2018
  7. New York Law Journal, "Trump 2nd Circuit Nominees Grilled as Democrats Fume Over Consideration," February 13, 2019
  8. Senate Democrats, "Schumer statement on Senate Republicans advancing the nominations of Michael Park and Joseph Bianco for the Second Circuit," March 7, 2019
  9. Courthouse News Service, "Senate Presses 2nd Circuit Nominee on Conservative Causes," February 13, 2019
  10. 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
  11. WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
  12. American Bar Association, "Ratings of Article III and Article IV Judicial Nominees," accessed February 14, 2019
  13. Senate Judiciary Committee, "Questionnaire for judicial nominees," accessed April 14, 2020

Political offices
Preceded by
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United States Court of Appeals for the 2nd Circuit
2019-Present
Succeeded by
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