Patrick Bumatay | |
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| Judge of theUnited States Court of Appeals for the Ninth Circuit | |
| Assumed office December 12, 2019 | |
| Appointed by | Donald Trump |
| Preceded by | Carlos Bea |
| Personal details | |
| Born | (1978-02-14)February 14, 1978 (age 47) Secaucus, New Jersey, U.S. |
| Education | Yale University (BA) Harvard University (JD) |
Patrick Joseph Bumatay (born February 14, 1978)[1] is an American lawyer and jurist who serves as aU.S. circuit judge of theU.S. Court of Appeals for the Ninth Circuit.
Bumatay was born in 1978 inSecaucus, New Jersey.[2] He graduated fromYale University in 2000 with aBachelor of Arts,cum laude. He spent three years as a political campaign staffer and as aparalegal in theExecutive Office of the President of the United States. He then attendedHarvard Law School, where he was an editor of theHarvard Journal of Law and Public Policy, and graduated in 2006 with aJuris Doctor.[3]
After graduating from law school, Bumatay was alaw clerk to JudgeTimothy Tymkovich of theU.S. Court of Appeals for the Tenth Circuit from 2006 to 2007. He was a special assistant in theU.S. Department of Justice'sOffice of Legal Policy from 2007 to 2008 and Office of theAssociate Attorney General from 2008 to 2009. He then clerked for JudgeSandra L. Townes of theU.S. District Court for the Eastern District of New York from 2009 to 2010.
From 2010 to 2012, Bumatay was in private practice as an associate at theNew York City law firm Morvillo Abramowitz Grand Iason & Anello. From 2012 until his judicial appointment in 2018, Bumatay was afederal prosecutor for the Southern District of California in the San Diego office, where he was a member of the Organized Crime and Drug Enforcement Task Forces Section.[4]
He has been a member of theFederalist Society since 2003, theFederal Bar Association (San Diego chapter) since 2016, the National Asian Pacific American Bar Association in 2015 and again since 2018, the National Filipino American Lawyers Association from 2017 to 2018, and the Tom Homann LGBT Law Association since 2017.[5]
On October 10, 2018, PresidentDonald Trump announced his intent to nominate Bumatay to serve as a United States Circuit Judge of theUnited States Court of Appeals for the Ninth Circuit.[4] BothSenators from California,Dianne Feinstein andKamala Harris, announced their opposition to his nomination, saying they had not included Bumatay's name among those they recommended for the Ninth Circuit.[6][7][8] On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat vacated by JudgeAlex Kozinski, who retired on December 18, 2017.[9]
On January 3, 2019, his nomination was returned to the President underRule XXXI, Paragraph 6 of theUnited States Senate.
On September 20, 2019, President Trump announced his intent to again nominate Bumatay.[10][11] On October 15, 2019, his nomination was sent to the Senate. Bumatay was nominated to the seat being vacated by JudgeCarlos Bea, who previously announced his intention to assumesenior status upon confirmation of a successor.[12] On October 30, 2019, a hearing on Bumatay's nomination was held before theSenate Judiciary Committee.[13] On November 21, 2019, his nomination was reported out of committee by a 12–10 vote.[14] On December 9, 2019, the Senate invokedcloture by a 47–41 vote.[15] On December 10, 2019, his nomination was confirmed by a 53–40 vote.[16] He received his judicial commission on December 12, 2019.[17] Bumatay is the first Filipino American to serve as an Article III federal appellate judge and the first openly gay judge on the Ninth Circuit.[18]
In February 2020, Bumatay dissented from a denial of rehearingen banc in which a three-judge panel ruled that the denial of sex-reassignment surgery to an Idaho prisoner violated theEighth Amendment. In his dissent, Bumatay argued that "the panel's decision elevates innovative and evolving medical standards to be the constitutional threshold for prison medical care. In doing so, the panel minimizes the standard for establishing a violation of the Eighth Amendment."[19] Bumatay's dissent in this case later inspired a silent walkout by the queer and trans law student group while delivering a Constitution Day lecture atStanford Law School in 2021.[20][21]
In September 2020, Bumatay dissented from a denial of rehearingen banc where a three-judge panel upheld the federal firearm banstatute for persons committed to a mental institution. Bumatay argued the panel ignored the "history and tradition" of theSecond Amendment and improperly applied anintermediate scrutiny standard as standard of review.[22]
In October 2020, Bumatay wrote for the unanimous panel when it found that aninjunction to meet emission standard deadlines under theClean Air Act could not be enforced against theUnited States Environmental Protection Agency after the EPA itselfset new deadlines.[23][24]
On January 30, 2019, President Trump announced his intent to nominate Bumatay to a seat on theUnited States District Court for the Southern District of California.[25] On February 6, 2019, his nomination was sent to the Senate. He was nominated to the seat vacated byMarilyn L. Huff, who assumedsenior status on September 30, 2016.[26] His nomination was withdrawn on October 15, 2019, when he was once again nominated to a seat on the Ninth Circuit.[12]
Bumatay is a Filipino American and openly gay.[27]
This article incorporates text from this source, which is in thepublic domain. This article incorporates text from this source, which is in thepublic domain.| Legal offices | ||
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| Preceded by | Judge of theUnited States Court of Appeals for the Ninth Circuit 2019–present | Incumbent |