On October 10, 2018, PresidentDonald Trump announced his intent to nominate Collins to serve as a United States circuit judge of theUnited States Court of Appeals for the Ninth Circuit.[6][10] On October 11, 2018, SenatorDianne Feinstein said the White House had not consulted her on the nomination, and that she would oppose Senate confirmation of Collins and two other circuit court nominees.[11][12][13] On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Collins to the seat vacated by JudgeHarry Pregerson, who assumedsenior status on December 11, 2015.[14] On January 3, 2019, his nomination was returned to the President underRule XXXI, Paragraph 6 of theUnited States Senate.
On January 30, 2019, President Trump indicated that he would renominate Collins to a Ninth Circuit vacancy.[15] On February 6, 2019, his nomination was sent to the Senate.[16] On March 13, 2019, a hearing on his nomination was held before theSenate Judiciary Committee.[17] On April 4, 2019, his nomination was reported out of committee by a 12–10 vote.[18] On May 20, 2019, the Senate invokedcloture on his nomination by a 51–43 vote,[19] and on the following day, May 21, the Senate confirmed his nomination by a 53–46 vote.[20] He received his judicial commission on May 22, 2019.[21]
In the early months after his confirmation, some other Ninth Circuit judges complained that Collins was failing to follow court rules and objecting to other judges' rulings in language that colleagues found combative.[22] Collins also quickly moved to challenge rulings made by his colleagues on three-judge panels.[22] Several judges claimed it was unprecedented for a new jurist to try to overturn so many decisions from colleagues within such a short period of time.[22]
On May 22, 2020, Collins dissented in a 2–1 decision which ruled thatCalifornia GovernorGavin Newsom's order to close churches was constitutional.[23] On May 29, a majority on theU.S. Supreme Court declined to overrule the 9th Circuit's ruling. However, the issue had shifted from whether closing churches was constitutional to whether limiting church capacity was constitutional.[24]
On June 26, 2020, Collins again dissented in a pair of 2–1 decisions ruling that President Trump illegally redirected $2.5 billion in military funds to build portions of a border wall in California, Arizona, and New Mexico.[25]
On April 27, 2021, Collins partially dissented in a qualified immunity case where a 13 year old was coerced into confessing a murder that he did not commit. While the majority granted the officers qualified immunity in part, Collins would have granted them qualified immunity in full.[26]
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