President Donald Trump’s imprint on the federal judiciary could soon expand, after the announcement of five appellate and eight district court nominees.
Trump has made 69 federal judicial appointments, including U.S. Supreme Court Justice Brett Kavanaugh, whose confirmation in the face of allegations of sexual assault and perjury divided the country.
The new appellate nominees are to two of the nation’s most important courts—the U.S. Court of Appeals for the Second Circuit, whose territory includes New York, and the Ninth Circuit, which is the largest court of appeals. The federal appeals courts are the final say for the vast majority of cases.
Three of the appellate nominees announced Oct. 10 are Asian-American. None of the thirteen nominees are women.
The fate of these nominees will likely depend on whether Republicans can remain in control of the Senate after midterm elections in November, Carl W. Tobias, a professor at the University of Richmond School of Law, Richmond, Va., told Bloomberg Law by telephone Oct. 11.
Senate Republicans likely won’t have time to confirm any of the nominees this year, given holidays and the need to campaign for midterm elections, Tobias said. Republicans are currently projected to remain in control of the Senate.
The Second Circuit nominees are current District Judge Joseph F. Bianco and Michael H. Park.
Bianco has served at the Eastern District of New York since 2006.
Park is a partner at Consovoy McCarthy Park PLLC, New York, where he focuses on litigation and securities enforcement. He clerked for Supreme Court Justice Samuel A. Alito Jr., and teaches the Supreme Court clinic at George Mason University’s Antonin Scalia Law School.
The Ninth Circuit nominees are Patrick J. Bumatay, Daniel P. Collins, and Kenneth Kiyul Lee.
Bumatay is an assistant U.S. attorney in the Southern District of California, where he focuses on organized crime and drug enforcement. He’s a member of the Tom Homann LGBT Law Association.
Collins is a partner at Munger, Tolles & Olson LLP, Los Angeles, who focuses on appellate litigation.
Lee is a partner at Jenner & Block LLP, Los Angeles, where he focuses on appellate litigation and internal investigations.
The district court nominees are:
- Stanley Blumenfeld, to the Central District of California;
- Brian C. Buescher, to the District of Nebraska;
- Clifton L. Corker, to the Eastern District of Tennessee;
- Philip M. Halpern, to the Southern District of New York;
- Thomas Marcelle, to the Northern District of New York;
- Matthew W. McFarland, to the Southern District of Ohio;
- Jeremy B. Rosen, to the Central District of California; and
- Mark C. Scarsi, to the Central District of California.
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