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Patrick Bumatay
2019 - Present
5
Patrick J. Bumatay is a judge on the United States Court of Appeals for the 9th Circuit. On October 15, 2019, President Donald Trump (R) nominated Bumatay to this court. It was the second time the president nominated Bumatay to the 9th Circuit. The U.S. Senate confirmed Bumatay on December 10, 2019, by a vote of 53-40.[1] He received commission on December 12, 2019.[2] To see a full list of judges appointed by Donald Trump, click here.
The United States Court of Appeals for the 9th 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 9th Circuit Court, click here.
President Trump nominated Bumatay to a seat on the United States District Court for the Southern District of California on February 6, 2019.[3] The president withdrew the nomination October 15, 2019, when he nominated Bumatay to a seat on the 9th Circuit Court of Appeals.[4]
The president also previously nominated Bumatay to a seat on the United States Court of Appeals for the 9th Circuit in 2018.[5] Bumatay's 9th Circuit nomination was returned to the president at the sine die adjournment of the 115th Congress on January 3, 2019.[6][7]
Bumatay was an assistant United States attorney in the U.S. Attorney's Office for the Southern District of California from 2012 to 2019.[5]
Judicial nominations and appointments
United States Court of Appeals for the 9th Circuit (2019)
- See also: Federal judges nominated by Donald Trump
On October 15, 2019, President Donald Trump (R) nominated Bumatay to the United States Court of Appeals for the 9th Circuit. It was the second time the president nominated Bumatay to a seat on this court.[4] The U.S. Senate confirmed Bumatay on December 10, 2019, by a vote of 53-40.[1] To read more about the federal nominations process, click here.
 |
| Nominee Information |
| Name: Patrick Bumatay |
| Court: United States Court of Appeals for the 9th Circuit |
| Progress |
| Confirmed 56 days after nomination. |
 Nominated: October 15, 2019
|
| ABA Rating: Unanimously qualified
|
| Questionnaire: Questionnaire |
| Hearing: October 30, 2019
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: November 21, 2019
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| Confirmed: December 10, 2019
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| Vote: 53-40
|
Confirmation vote
The U.S. Senate confirmed Bumatay on December 10, 2019, on a vote of 53-40.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Bumatay confirmation vote (December 10, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
0 | 39 | 6 | ||||||
 Republican |
53 | 0 | 0 | ||||||
 Independent |
0 | 1 | 1 | ||||||
| Total | 53 | 40 | 7 | ||||||
Senate Judiciary Committee hearing
Bumatay had his hearing before the Senate Judiciary Committee on October 30, 2019.[8] The committee voted 12-10 on November 21, 2019, to advance Bumatay's nomination to the full Senate.[9]
Nomination
On September 20, 2019, President Donald Trump (R) announced his intent to nominate Bumatay to the United States Court of Appeals for the 9th Circuit.[10] The president officially submitted the nomination October 15, 2019.[4]
Bumatay was nominated to succeed Judge Carlos Bea.[11]
The American Bar Association unanimously rated Bumatay qualified for the position.[12] To read more about ABA ratings, click here.
Opposition from home-state senators (2019)
- See also: Blue slip (federal judicial nominations)
California Sen. Kamala Harris (D) said she did not support Bumatay's nomination. In a statement, Harris said, "In once again nominating Mr. Bumatay to the Ninth Circuit, it is clear the White House is doing so to advance a political agenda and remake the federal judiciary. Make no mistake, Senator Dianne Feinstein and I identified qualified, consensus Ninth Circuit nominees we could have supported."[13]
An aide to Sen. Dianne Feinstein (D-Calif.) told The Hill that Feinstein continued to oppose Bumatay's nomination.[13]
The senators previously voiced opposition to several nominees to the 9th Circuit. Click here to read more.
Former United States Attorney General Jeff Sessions (R) praised Bumatay's nomination: "Bumatay will make a terrific judge on the Ninth Circuit. He has dedicated his career to upholding the rule of law. Patrick’s many fine qualities, including his integrity, intellect and collegiality, make him exceedingly worthy of this position."[14]
United States District Court for the Southern District of California (2019)
- See also: Federal judges nominated by Donald Trump
On February 6, 2019, President Donald Trump (R) nominated Bumatay as an Article III judge on the United States District Court for the Southern District of California.[3] To read more about the federal nominations process, click here.
Nomination
President Donald Trump (R) announced his intent to nominate Bumatay to the Southern District of California on January 30, 2019.[15] The U.S. Senate officially received the nomination on February 6, 2019.[3]
Bumatay was nominated to succeed Judge Marilyn Huff, who assumed senior status on September 30, 2016.[3]
The American Bar Association unanimously rated Bumatay qualified.[16] To read more about ABA ratings, click here.
United States Court of Appeals for the 9th Circuit (2018)
- See also: Federal judges nominated by Donald Trump
On November 13, 2018, President Donald Trump (R) nominated Bumatay to the United States Court of Appeals for the 9th Circuit.[6] To read more about the federal nominations process, click here.
Nomination
On October 10, 2018, President Donald Trump (R) announced his intent to nominate Bumatay to a seat on the United States Court of Appeals for the 9th Circuit.[5] Bumatay's nomination to the 9th Circuit was received in the U.S. Senate on November 13, 2018. He was nominated to succeed Judge Alex Kozinski, who retired on December 18, 2017. At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Bumatay's nomination to President Trump.[6][7]
Opposition from home-state senators (2018)
- See also: Blue slip (federal judicial nominations)
California Senators Dianne Feinstein (D) and Kamala Harris (D) expressed opposition to the nomination of Patrick Bumatay, Daniel Collins, and Kenneth Kiyul Lee. Feinstein and Harris, who both served on the Senate Judiciary Committee in 2018, said the White House announced the three nominations to the Ninth Circuit Court of Appeals without consulting them.[17]
Feinstein said in a statement:
| “ | I repeatedly told the White House I wanted to reach an agreement on a package of 9th Circuit nominees, but last night the White House moved forward without consulting me, picking controversial candidates from its initial list and another individual with no judicial experience who had not previously been suggested.[18] | ” |
She said she and Harris "strongly opposed Daniel Collins." She also said she told White House Counsel Don McGahn that Lee "failed to disclose to our judicial selection committees controversial writings on voting rights and affirmative action."[19]
Lily Adams, Harris' communications director, said,[20]
| “ | Instead of working with our office to identify consensus nominees for the 9th Circuit, the White House continues to try to pack the courts with partisan judges who will blindly support the President’s agenda, instead of acting as an independent check on this Administration.[18] | ” |
McGahn wrote in a letter to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) that the White House tried for two years to negotiate with the California senators. He said he reached out to Feinstein on multiple occasions and added Harris "refused to engage with the White House at any level, whatsoever on the issue." McGahn said the president was "exercising his prerogative to nominate his own well-qualified nominees."[17][21]
Early life and education
Bumatay was born in 1978 in Secaucus, New Jersey. He obtained a B.A., cum laude, from Yale University in 2000. He received a J.D. from Harvard Law School in 2006.[22]
Professional career
- 2019-present: Judge, U.S. Court of Appeals for the 9th Circuit
- 2018-2019: Counselor to the attorney general, U.S. Department of Justice
- 2012-2019: Assistant U.S. attorney, Southern District of California
- 2017-2018: U.S. Department of Justice
- 2017-2018: Senior counsel to the deputy attorney general, Office of the Deputy Attorney General,
- 2017: Counsel to the deputy attorney general, Office of the Deputy Attorney General,
- 2017: Detailee, Office of Legal Policy
- 2010-2012: Associate, Morvillo Abramowitz Grand, Iason & Anello, P.C.
- 2009-2010: Law clerk to Judge Sandra Townes, United States District Court for the Eastern District of New York
- 2008-2009: Counsel to the associate attorney general, U.S. Department of Justice
- 2007-2008: Special assistant and counsel, U.S. Department of Justice Office of Legal Policy
- 2006-2007: Law clerk to Judge Timothy Tymkovich, United States Court of Appeals for the 10th Circuit
- 2005-2006: Law clerk, U.S. Department of Justice Office of Legal Policy
- 2002-2003: Office of counsel to the president, Executive office of the president
- 2002-2003: Staff assistant
- 2003: Paralegal
- 2001: Northern Virginia field director, Mark Earley for goveror
- 2001: Staffer, U.S. Department of Education[22]
Awards and associations
Awards
- 2017: Attorney General's Award for Distinguished Service[22]
Associations
- Member, Federal Bar Association
- Member, The Federalist Society
- Member, Filipino American Lawyers of San Diego
- Member, National Filipino American Lawyers Association
- Member, National Asian Pacific American Bar Association
- Member, National Asian Pacific Islander Prosecutors Association
- Member, Pan Asian Lawyers of San Diego
- Member, Tom Homann LGBT Law Association
- Former member, Filipino American Lawyers Association of Washington, D.C.[5][22]
About the court
United States Court of Appeals for the 9th Circuit
The United States Court of Appeals for the Ninth 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 Ninth Circuit is the largest appellate court with 29 authorized judicial posts. Appeals are heard in the James R. Browning Federal Courthouse in San Francisco, California, the Richard H. Chambers Courthouse in Pasadena, California, the Pioneer Courthouse in Portland, Oregon, and the William K. Nakamura Courthouse in Seattle, Washington.
One judge of the Ninth Circuit went on to serve on the Supreme Court of the United States. Justice Anthony Kennedy was appointed to the Supreme Court in 1988 by President Ronald Reagan (R). The Ninth 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 9th Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice John G. Roberts is the circuit justice for the Ninth Circuit.
The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts:
It also has appellate jurisdiction over the following territorial courts:
- United States District Court for the District of Guam
- United States District Court for the Northern Mariana Islands
To read opinions published by this court, click here.
United States District Court for the Southern District of California
| Southern District of California |
|---|
| Ninth Circuit |
|
| Judgeships |
| Posts: 13 |
| Judges: 12 |
| Vacancies: 1 |
| Judges |
| Chief: Dana Sabraw |
| Active judges: Cynthia A. Bashant, Cathy Bencivengo, Benjamin Cheeks, Robert Huie, Linda Lopez, Ruth Bermudez Montenegro, Jinsook Ohta, Todd Robinson, Dana Sabraw, Janis Sammartino, Andrew G. Schopler, James Simmons Senior judges: |
The United States District Court for the Southern District of California is one of 94 United States district courts. The district operates out of three courthouses in San Diego and one in El Centro. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Ninth Circuit based in downtown San Francisco at the James R. Browning Federal Courthouse.
The Southern District of California has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
The geographic jurisdiction of the Southern District of California consists of the Imperial and San Diego counties in the southern part of California.
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
- United States District Court for the Southern District of California
- United States Court of Appeals for the 9th Circuit
External links
- Search Google News for this topic
- Biography from the Federal Judicial Center
- United States District Court for the Southern District of California
- United States Court of Appeals for the 9th Circuit
Footnotes
- ↑ 1.0 1.1 1.2 Congress.gov, "PN1167 — Patrick J. Bumatay — The Judiciary," accessed December 11, 2019
- ↑ Federal Judicial Center, "Bumatay, Patrick Joseph," accessed December 16, 2019
- ↑ 3.0 3.1 3.2 3.3 Congress.gov, "PN371 — Patrick J. Bumatay — The Judiciary," accessed April 11, 2019
- ↑ 4.0 4.1 4.2 WhiteHouse.gov, "Twenty-five Nominations and Three Withdrawals Sent to the Senate," October 15, 2019
- ↑ 5.0 5.1 5.2 5.3 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
- ↑ 6.0 6.1 6.2 Congress.gov, "PN2587 — Patrick J. Bumatay — The Judiciary," accessed April 11, 2019
- ↑ 7.0 7.1 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
- ↑ Senate Judiciary Committee, "Nominations," October 30, 2019
- ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," November 21, 2019
- ↑ WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee," September 20, 2019
- ↑ Law 360, "Trump Taps 2 For 9th Circ., 4 For Trial Courts In Calif.," September 20, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed October 30, 2019
- ↑ 13.0 13.1 The Hill, "Trump reignites court fight with Ninth Circuit pick," September 20, 2019
- ↑ Courthouse News Service, "Trump Continues to Reshape Ninth Circuit With Two New Picks," September 20, 2019
- ↑ White House, "President Donald J. Trump Announces Intent to Nominate Judicial Nominees," January 30, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed September 23, 2019
- ↑ 17.0 17.1 The Hill, "Trump, Feinstein feud intensifies over appeals court nominees," October 16, 2018
- ↑ 18.0 18.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ United States Senator for California Dianne Feinstein, "Feinstein non Ninth Circuit Nominees," October 11, 2018
- ↑ The Sacramento Bee, "Trump defies California senators with 9th Circuit judge nominations," October 11, 2018
- ↑ CNN, "White House nominations to 9th Circuit set off firestorm," October 13, 2018
- ↑ 22.0 22.1 22.2 22.3 Senate Judiciary Committee, "Questionnaire for judicial nominees: Patrick Joseph Bumatay," accessed October 30, 2019
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the 9th Circuit 2019-Present |
Succeeded by - |
| Preceded by - |
United States District Court for the Southern District of California |
Succeeded by - |
| |||
|---|---|---|---|
| 2017 |
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| 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 | ||
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California • U.S. Bankruptcy Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California
State courts:
California Supreme Court • California Courts of Appeal • California Superior Courts
State resources:
Courts in California • California judicial elections • Judicial selection in California
