Alison J. Nathan
Alison J. Nathan is a judge on theUnited States Court of Appeals for the 2nd Circuit. She was nominated by PresidentJoe Biden (D) on November 18, 2021, and confirmed by theU.S. Senate on March 23, 2022, by a 49-47 vote.[1][2][3] Nathan was one of 235Article III judges nominated by PresidentJoe Biden (D) and confirmed by the U.S. Senate. To see a full list of judges appointed byJoe Biden,click here.
TheUnited States Court of Appeals for the 2nd Circuit is one of 13U.S. courts of appeal. They are the intermediateappellate courts of theUnited States federal courts. To learn more about the 2nd Circuit,click here.
Nathan was a federal judge for theUnited States District Court for the Southern District of New York from 2011 to 2022. She was nominated to the court by PresidentBarack Obama (D).[4]
Judicial nominations and appointments
United States Court of Appeals for the 2nd Circuit (2022-present)
On November 18, 2021, PresidentJoe Biden (D) nominated Nathan to theUnited States Court of Appeals for the 2nd Circuit. She was confirmed by a 49-47 vote of the U.S. Senate on March 23, 2022, and received commission on March 30.[1][2][4] To read more about the federal nominations process,click here.
 |
| Nominee Information |
| Name: Alison J. Nathan |
| Court:United States Court of Appeals for the 2nd Circuit |
| Progress |
| Confirmed 125 days after nomination. |
 ANominated: November 18, 2021 |
| AABA Rating:Well Qualified with two recusals |
| Questionnaire:Questionnaire |
| AHearing: December 15, 2021 |
| Hearing Transcript:Hearing Transcript |
| QFRs:QFRs(Hover over QFRs to read more) |
| AReported: January 20, 2022 |
| AConfirmed: March 23, 2022 |
| AVote: 49-47 |
Confirmation vote
The U.S. Senate confirmed Nathan by a vote of 49-47 on March 23, 2022.[3] To see a full breakdown of the vote on the official U.S. Senate website,click here.
| Nathan confirmation vote (March 23, 2022) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic | 45 | 0 | 3 | ||||||
 Republican | 3 | 47 | 0 | ||||||
 Independent | 1 | 0 | 1 | ||||||
| Total | 49 | 47 | 4 | ||||||
Senate Judiciary Committee hearing
TheSenate Judiciary Committee held hearings on Nathan's nomination on December 15, 2021. The committee voted to advance Nathan's nomination to the full Senate on January 20, 2022.
Nomination
On November 17, 2021, PresidentJoe Biden (D) announced his intent to nominate Nathan to theUnited States Court of Appeals for the 2nd Circuit. The president officially nominated Nathan on November 18.[2]
Nathan's nomination was returned to the president at thesine die adjournment of theU.S. Senate on January 3, 2022.[5] The president renominated Nathan on the same day.[3]
Nathan was nominated to replace JudgeRosemary Pooler, who announced on October 7, 2021, that she would assume senior status upon the confirmation of her successor.[1][6]
TheAmerican Bar Association rated NathanWell Qualified with two recusals.[7] To read more about ABA ratings,click here.
U.S. District Court for the Southern District of New York (2011-2022)
On March 31, 2011, PresidentBarack Obama (D) nominated Nathan to theUnited States District Court for the Southern District of New York. She was confirmed by a 48-44 vote of theU.S. Senate on October 13, 2011.[8] To read more about the federal nominations process,click here.
Confirmation vote
The U.S. Senate confirmed Nathan by a vote of 48-44 on October 13, 2011.[8] To see a full breakdown of the vote on the official U.S. Senate website,click here.
| Nathan confirmation vote (October 13, 2011) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
| Democratic | 47 | 0 | 4 | ||||||
| Republican | 0 | 44 | 3 | ||||||
| Independent | 1 | 0 | 1 | ||||||
| Total | 48 | 44 | 8 | ||||||
Senate Judiciary Committee hearing
TheSenate Judiciary Committee held hearings on Nathan's nomination on June 8, 2011. On July 14, 2011, her nomination was reported to the fullSenate.[8]Click here to view Nathan's committee questionnaire andhere to read her questions for the record.
Nomination
On March 31, 2011, PresidentBarack Obama (D) nominated Nathan to theUnited States District Court for the Southern District of New York. Nathan was nominated to replace JudgeSidney Stein, who retired.[8]
TheAmerican Bar Association rated Nathanqualified by a majority andnot qualified by a minority, with one recusal.[9] To read more about ABA ratings,click here.
Biography
Education
Nathan received her B.A. from Cornell University in 1994 and herJ.D.,magna cum laude, from Cornell Law School in 2000.[10][4]
Professional career
- 2022-present: Judge,United States Court of Appeals for the 2nd Circuit
- 2011-2022: Judge,U.S. District Court for the Southern District of New York
- 2010-2011: Special counsel to the solicitor general,New York
- 2009-2010: Associate White House counsel and special assistant to PresidentBarack Obama
- 2008-2009: Fritz Alexander fellow, New York University School of Law
- 2006-2008: Visiting assistant professor, Fordham University School of Law
- 2005-2006: Attorney in private practice, New York City,New York
- 2002-2005: Attorney in private practice, Washington D.C.
- 2001-2002: Law clerk, JusticeJohn Paul Stevens,Supreme Court of the United States
- 2000-2001: Law clerk, HonorableBetty Fletcher,Ninth Circuit Court of Appeals[10][4]
About the courts
2nd Circuit
TheUnited States Court of Appeals for the Second Circuit is afederal appellate court with appellatejurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to theSupreme Court of the United States.
Appeals are heard in the Thurgood Marshall Federal Courthouse inNew York City.
Four judges of the Second Circuit went on to serve on theSupreme Court of the United States. John Marshall Harlan II was appointed to the Supreme Court in 1955 byDwight Eisenhower, Thurgood Marshall was appointed in 1967 by Lyndon Johnson, andSonia Sotomayor was appointed in 2009 byBarack Obama.
The Second Circuit hasappellate 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 theUnited States Court of Appeals for the Second Circuit are petitioned to theSupreme Court of the United States. JusticeSonia Sotomayor is thecircuit justice for the Second Circuit.
The United States Court of Appeals for the Second Circuit's territory comprises the states ofConnecticut,New York, andVermont. The court hasappellate jurisdiction over the United States district courts in the following federal judicial districts:
- District of Connecticut
- Eastern District of New York
- Northern District of New York
- Southern District of New York
- Western District of New York
- District of Vermont
To read opinions published by this court, clickhere.
Southern District of New York
TheUnited States District Court for the Southern District of New York is one of 94United States district courts. The Southern District is one of the most influential and active federal district courts in the United States, largely because of its jurisdiction over New York's major financial centers. When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Second Circuit based in Lower Manhattan at the Daniel Patrick Moynihan Federal Courthouse.
The Southern District of New York hasoriginal jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
The court shares geographic jurisdiction over New York City with theU.S. District Court for the Eastern District of New York, which manages Brooklyn, Queens, and Richmond (Staten Island) counties, along with Nassau and Suffolk on Long Island.
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 theSenate 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 ablue 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
Beastie Boys illegal sampling case (2013)
- See also:United States District Court for the Southern District of New York (TufAmerica, Inc. v. Diamond, et al, 1:12-cv-03529-AJN)
- See also:United States District Court for the Southern District of New York (TufAmerica, Inc. v. Diamond, et al, 1:12-cv-03529-AJN)
Nathan presided over a copyright infringement case filed against the Beastie Boys by record licensing entity TufAmerica. The company alleged that in the 1980s, the hip-hip group illegally sampled music from the band Trouble Funk, an R&B group whose licensing rights were owned by the company. TufAmerica claimed the Beastie Boys illegally used six samples of Trouble Funk’s music for a total of 20 seconds, thus infringing upon the R&B group’s rights. The Beastie Boys moved to dismiss the claims.
Nathan was tasked with determining how the song samples ought to be compared. The Beastie Boys requested that theordinary observer test be applied, while TufAmerica requested that thefragmented literal similarity test be applied. Nathan agreed with TufAmerica, noting that "[t]he real question at this stage - more so than the question of how to label the relevant test - is whether (as to each sample) plaintiff has plausibly alleged that the sample is quantitatively and qualitatively important to the original work such that the fragmented similarity becomes sufficiently substantial for the use to become an infringement.”
Nathan ruled that four of the six samples failed to rise to the level of infringement, but that the remaining two may pass the muster of thefragmented literal similarity test. In doing so, however, she limited TufAmerica’s claims to the three-year statute of limitations set forth in the U.S. Copyright Act, declaring that the licensing entity could not seek monetary damages for any alleged instances of infringement that had occurred before May 12, 2009.[11][12][13][14][15]
See also
- United States District Court for the Southern District of New York
- United States Court of Appeals for the 2nd Circuit
External links
Officeholder United States Court of Appeals for the 2nd Circuit |
- United States District Court for the Southern District of New York
- United States Court of Appeals for the 2nd Circuit
- Biography from theFederal Judicial Center
Footnotes
- ↑1.01.11.2The White House, "President Biden Names Tenth Round of Judicial Nominees," November 17, 2021
- ↑2.02.12.2Congress.gov, "PN1424 — Alison J. Nathan — The Judiciary," accessed November 19, 2021
- ↑3.03.13.2Congress.gov, "PN1504 — Alison J. Nathan — The Judiciary," accessed January 5, 2022
- ↑4.04.14.24.3Federal Judicial Center, "Nathan, Alison Julie," accessed March 23, 2022
- ↑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.
- ↑The White House, "Nominations Sent to the Senate," November 18, 2021
- ↑American Bar Association, "RATINGS OF ARTICLE III AND ARTICLE IV JUDICIAL NOMINEES 117TH CONGRESS," Last Updated: December 14, 2021
- ↑8.08.18.28.3Congress.gov, "PN375 — Alison J. Nathan — The Judiciary," accessed March 27, 2022
- ↑'American Bar Association, "Ratings of Article III Judicial Nominees: 112th Congress," accessed March 28, 2022
- ↑10.010.1Cite error: Invalid
<ref>tag; no text was provided for refs namedbio - ↑Huffington Post, "Beastie Boys Lawsuit: Group Sued Over Alleged Copyright Infringement On 'Licensed To Ill' & 'Paul's Boutique'," May 8, 2012
- ↑Courthouse News Service, "Copyright Claims May Stick to Beastie Boys," September 11, 2013
- ↑Billboard, "Beastie Boys’ 'Paul's Boutique' Sampling Lawsuit: The Fine Print," September 13, 2013
- ↑Bloomberg Law, "No Relief for Pre-2009 Alleged Infringement Of Funk Rock Records by the Beastie Boys," September 11, 2013
- ↑New York Law Journal, "Decision: TufAmerica, Inc., Plaintiff v. Diamond, et al," September 12, 2013
| Political offices | ||
|---|---|---|
| Preceded by Rosemary Pooler | United States Court of Appeals for the 2nd Circuit 2022-Present | Succeeded by - |
| Preceded by Sidney Stein | United States District Court for the Southern District of New York 2011-2022 | Succeeded by - |
| |||
|---|---|---|---|
| Commissioned in 2025 | |||
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| Commissioned in 2022 | David Herrera Urias •Gabriel Sanchez •Holly Thomas •Maame Ewusi-Mensah Frimpong •David Ruiz •Charles Fleming •Bridget Brennan •Leonard Stark •Alison J. Nathan •John Chun •Julie Rubin •Jacqueline Scott Corley •Ruth Bermudez Montenegro •Victoria Calvert •Georgette Castner •Anne Traum •Cristina Silva •Ketanji Brown Jackson (Supreme Court) •Sarah Geraghty •Hector Gonzalez •Fred Slaughter •Jennifer Rochon •Robert Huie •Sunshine S. Sykes • Stephanie Dawkins Davis • Evelyn Padin • Sherilyn P. Garnett • Ana de Alba • J. Michelle Childs • Trina Thompson • Elizabeth Hanes • Nancy Maldonado • Nina Morrison • Gregory Williams • John Z. Lee • Sal Mendoza, Jr. • Lara Montecalvo • Florence Pan • Andre Mathis • Sarah A.L. Merriam •Jennifer Rearden • Roopali Desai • María Antongiorgi-Jordán • Camille Vélez-Rivé • Doris Pryor • Frances Kay Behm • Dana Douglas • Mia Roberts Perez • Anne Nardacci •Jeffery P. Hopkins | ||
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- Federal Article III judges
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- Federal judiciary nominee, March 2011
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- Confirmed October 2011
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