Brad Garcia | |
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| Judge of theUnited States Court of Appeals for the District of Columbia Circuit | |
| Assumed office May 16, 2023 | |
| Appointed by | Joe Biden |
| Preceded by | Judith W. Rogers |
| Personal details | |
| Born | Bradley Nelson Garcia 1986 (age 38–39) Gaithersburg, Maryland, U.S. |
| Education | Johns Hopkins University (BA) Harvard University (JD) |
Bradley Nelson Garcia (born 1986)[1] is an American lawyer and jurist serving as aUnited States circuit judge of theUnited States Court of Appeals for the District of Columbia Circuit. He was an official at theUnited States Department of Justice from 2022 to 2023.
Garcia was born in 1986 inGaithersburg, Maryland. He graduated fromJohns Hopkins University in 2008 with aBachelor of Arts ininternational studies andeconomics,[2] where he also was president of the university's chapter of thePi Kappa Alpha fraternity.[3] Garcia then attendedHarvard Law School, where he was an editor of theHarvard Law Review. He graduated in 2011 with aJuris Doctor,magna cum laude.[4]
After law school, Garcia was alaw clerk for JudgeThomas B. Griffith of the D.C. Circuit from 2011 to 2012 and for Associate JusticeElena Kagan of theU.S. Supreme Court from 2012 to 2013.[4]
After his clerkships, Garcia entered private practice at the law firmO'Melveny & Myers in 2013, becoming apartner in 2020. Garcia practicedappellate law with a client list that includedGoogle,Warner Bros., and theFord Motor Company.[5][6] Garcia argued more than a dozen times before federal and state appeals courts, including before the U.S. Supreme Court in a 2021 immigration case,United States v. Palomar-Santiago.[7][8] Other cases he practiced included the fields ofcriminal law,corporate law,insurance coverage,patent rights, andfederal jurisdiction.[9]
In February 2022, Garcia left private practice to serve as a deputy assistant attorney general in theUnited States Department of Justice'sOffice of Legal Counsel.[4][10] He left in 2023 when he became a federal judge.
Garcia was part of the legal team representingEl Paso County, Texas, in a suit challenging the diversion ofU.S. Department of Defense funds to build aborder wall.[11]
In 2019, Garcia represented a man seeking better mental health treatment in aPennsylvania prison.[12] A unanimous panel of theUnited States Court of Appeals for the Third Circuit ruled in favor of the prisoner.[13]
In 2019, Garcia was co-counsel for Jason Daniel Sims, who pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Sims was sentenced as an armedcareer criminal, and he appealed. TheArmed Career Criminal Act ("ACCA") imposes a mandatory fifteen-year minimum sentence on a defendant convicted of being a felon in possession of a firearm or ammunition who has three or more previous convictions for violent felonies or serious drug offenses. 18 U.S.C. § 924(e)(1). The district court designated Sims an armed career criminal based on four convictions: twoArkansas residentialburglaries and two serious drug offenses. Sims appealed, arguing that his previous Arkansas burglary convictions do not qualify as violent felonies and that he therefore lacks the three or more convictions necessary to qualify as an armed career criminal.[14][15]
In 2020, Garcia was the counsel of record inJune Medical Services, LLC v. Russo, challengingLouisiana's law requiring doctors who perform abortions to haveadmitting privileges at a local hospital.[16][17][18]
In 2022, Garcia was co-counsel for Bel Air Auto Auction, Inc. in their lawsuit against Great Northern Insurance Company. Bel Air's claims stemmed from Great Northern's denial of insurance benefits Bel Air asserts Great Northern owed it to cover business loss Bel Air incurred during theCOVID-19 pandemic.[19][20]
On June 15, 2022, PresidentJoe Biden nominated Garcia to serve as aUnited States circuit judge for theDistrict of Columbia Circuit.[4] President Biden nominated Garcia to the seat to be vacated by JudgeJudith W. Rogers, who subsequently assumedsenior status on September 1, 2022.[21] On July 27, 2022, a hearing on his nomination was held before theSenate Judiciary Committee.[22] During his confirmation hearing, Republican senators questioned him on cases that he was involved with that dealt with gun rights and abortion access.[23][24] On September 15, 2022, his nomination was reported out of committee by a 12–10 vote.[25][26] On January 3, 2023, his nomination was returned to the president underRule XXXI, Paragraph 6 of theUnited States Senate; he was renominated later the same day.[27] On February 2, 2023, his nomination was reported out of committee by an 11–9 vote.[28] On May 9, 2023, Majority LeaderChuck Schumer filedcloture on his nomination.[29] On May 11, 2023, the Senate invoked cloture on his nomination by a 54–41 vote.[30] On May 15, 2023, his nomination was confirmed by a 53–40 vote.[31] He received his judicial commission on May 16, 2023.[32] Garcia is the firstLatino to serve as a judge on the D.C. Circuit.[33][34][35][36]
| Legal offices | ||
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| Preceded by | Judge of theUnited States Court of Appeals for the District of Columbia Circuit 2023–present | Incumbent |