Daniel P. Collins

Daniel Paul Collins (born July 4, 1963) is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.

Daniel P. Collins
Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
May 22, 2019
Appointed byDonald Trump
Preceded byHarry Pregerson
Personal details
Born1963 (age 56–57)
Brooklyn, New York, U.S.
EducationHarvard College (AB)
Stanford Law School (JD)

Early life and career

Collins earned his Bachelor of Arts, summa cum laude, from Harvard College.[1] He received his Juris Doctor from Stanford Law School in 1988, where he served on the Stanford Law Review.[2][3] After graduating from law school, Collins served as a law clerk to Judge Dorothy Wright Nelson of the United States Court of Appeals for the Ninth Circuit and to Associate Justice Antonin Scalia of the Supreme Court of the United States during the 1991–1992 term, where he was a co-clerk with Jeffrey Sutton.

Collins then worked as an Assistant United States Attorney for the Central District of California and as an attorney-advisor in the United States Department of Justice Office of Legal Counsel.[4] He later served as an Associate United States Deputy Attorney General and in that role participated substantially in the drafting of the PROTECT Act of 2003.[5] From 2003–2019, Collins was a partner at Munger, Tolles & Olson.[6] In 2007, he was considered but not chosen for the position of United States Attorney for the Central District of California.[7] In 2009, he represented Phillip Morris in opposing a ban on tobacco sales in drug stores in San Francisco.[8] In 2017, he served on the Federal Courts Advisory Committee on Evidence Rules.[9]

Federal judicial service

On October 10, 2018, President Trump announced his intent to nominate Collins to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[6][10] On October 11, 2018, Senator Dianne 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 Judge Harry Pregerson, who took senior status on December 11, 2015.[14] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United 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 the Senate Judiciary Committee.[17] On April 4, 2019, his nomination was reported out of committee by a 12–10 party line vote.[18] On May 20, 2019, the Senate invoked cloture on his nomination by a vote of 51–43,[19] and on the following day, May 21, the Senate confirmed his nomination by a vote of 53–46.[20] He received his judicial commission on May 22, 2019.

Notable cases

On May 22, 2020, Collins dissented in a 2–1 decision which ruled that California Governor Gavin Newsom's order to close churches was constitutional. [21] On May 29, a majority on the U.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’s capacity was constitutional. [22]

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 his border wall in California, Arizona, and New Mexico.[23]

See also
  • List of law clerks of the Supreme Court of the United States

References
  1. "'85 Assembly Reps Upset After Meeting". Harvard Crimson. October 7, 1981. Retrieved October 11, 2018.
  2. "Reunion-class of 2008, 1988". Stanford Law School. Retrieved October 10, 2018.
  3. "Board of editors masthead-Vol 40" (PDF). Stanford Law Review. 1988. Retrieved October 10, 2018.
  4. United States Congressional Serial Set, Serial No. 14811, Senate Reports Nos. 1–39. Washington, D.C.: U.S. Government Printing Office. February 11, 2003. The committee heard testimony from Daniel P. Collins, Associate Deputy Attorney General and Chief Privacy Officer, U.S. Department of Justice.
  5. "Stopping Child Pornography: Protecting our Children and the Constitution". U.S. Senate, Judiciary Committee. October 2, 2002. Retrieved October 11, 2018.
  6. "President Donald J. Trump Announces Eighteenth Wave of Judicial Nominees, Eighteenth Wave of United States Attorney Nominees, and Thirteenth Wave of United States Marshal Nominees". whitehouse.gov. October 10, 2018. Retrieved October 10, 2018. This article incorporates text from this source, which is in the public domain.
  7. Weinstein, Henry; Krikorian, Greg (January 18, 2007). "Judge is in race for U.S. attorney job". Los Angeles Times. Retrieved October 11, 2018.
  8. Egelko, Bob (August 13, 2009). "Judges don't buy theory in S.F. tobacco-ban case". San Francisco Chronicle. Retrieved October 10, 2018.
  9. Capra, Daniel J. (2017). "The Phillip D. Reed Lecture Series: Conference on Possible Amendments to Federal Rules of Evidence 404(b), 807, and 801(D)(1)(a)". Fordham L. Rev. 85 (4): 517. Retrieved October 11, 2018.
  10. Egelko, Bob (October 11, 2018). "President Trump nominates 3 to Court of Appeals in San Francisco". San Francisco Chronicle. Retrieved October 11, 2018.
  11. Swayer, Alex (October 11, 2018). "Dianne Feinstein says White House didn't consult on judicial nominees". Washington Times. Retrieved October 11, 2018.
  12. Wire, Sarah D. (October 11, 2018). "California Senators Will Try to Block White House Judicial Nominees for the 9th Circuit". Los Angeles Times. Retrieved October 11, 2018.
  13. Cadei, Emily; Irby, Kate (October 11, 2018). "Trump defies California senators with 9th Circuit judge nominations". McClatchydc.com. Retrieved October 11, 2018.
  14. "Twenty Six Nominations Sent to the Senate". The White House.
  15. "President Donald J. Trump Announces Intent to Nominate Judicial Nominees". The White House. January 30, 2019. Retrieved January 31, 2019.
  16. "Twelve Nominations Sent to the Senate". The White House.
  17. "Nominations Hearing | United States Senate Committee on the Judiciary". www.judiciary.senate.gov.
  18. "Results of Executive Business Meeting – April 4, 2019, Senate Judiciary Committee" (PDF).
  19. "U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session". www.senate.gov.
  20. "U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session". www.senate.gov.
  21. "Court summary" (PDF). cdn.ca9.uscourts.gov. May 22, 2020. Retrieved June 27, 2020.
  22. "Court declines to lift restrictions on crowds at church services (UPDATED)". SCOTUSblog. May 30, 2020.
  23. "Attorney General Becerra Applauds Ruling Blocking Trump's Illegal Diversion of Funding for Border Wall". State of California - Department of Justice - Office of the Attorney General. June 28, 2019.

Selected publications
Legal offices
Preceded by
Harry Pregerson		 Judge of the United States Court of Appeals for the Ninth Circuit
2019–present		 Incumbent
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