Eric D. Miller

Eric David Miller (born 1975) is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.

Eric D. Miller
Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
March 4, 2019
Appointed byDonald Trump
Preceded byRichard C. Tallman
Personal details
Born1975 (age 44–45)
Oak Park, Illinois, U.S.
EducationHarvard University (AB)
University of Chicago Law School (JD)

Education

Miller earned his Bachelor of Arts in physics, magna cum laude, from Harvard College in 1996.[1][2][3] Miller then attended the University of Chicago Law School, earning a Juris Doctor in 1999 with highest honors.[4] In law school, he was inducted into the Order of the Coif and served as the topics and comments editor of the University of Chicago Law Review.[3] Upon graduation from law school, Miller served as a law clerk to Judge Laurence Silberman of the United States Court of Appeals for the District of Columbia Circuit and later to Associate Justice Clarence Thomas of the Supreme Court of the United States.[5]

Early in his career, Miller served in the Department of Justice as an Attorney-Advisor in the Office of Legal Counsel (2003–2004) and as a member of the Appellate Staff in the Civil Division (2001–2003, 2004–2006).[3] Miller also served as Deputy General Counsel of the Federal Communications Commission (2006–2007) and spent five years (2007–2012) as an Assistant to the Solicitor General in the Office of the Solicitor General within the Department of Justice.[6][5] He received the Attorney General's Distinguished Service Award in 2008 for his work on national security litigation.[3]

Before becoming a judge, Miller was a partner at Perkins Coie from 2012 to 2019 in the firm's Seattle office. In that capacity, he served as the firm-wide chair of Perkins Coie's appellate practice.[7] Miller is also a part-time lecturer at the University of Washington School of Law. He has argued more than sixty appeals, including sixteen before the Supreme Court of the United States.[5]

Federal judicial service

On July 13, 2018, President Trump announced his intent to nominate Miller to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[5] On July 19, 2018, his nomination was sent to the Senate. President Trump nominated Miller to the seat vacated by Judge Richard C. Tallman, who took senior status on March 3, 2018.[8] On October 24, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[9]

On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Miller for a federal judgeship.[10] His nomination was sent to the Senate later that day.[11] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[12] On February 25, 2019, the Senate invoked cloture on Miller nomination by a vote of 51–46,[13] and on the following day, voted to confirm him by a 53–46 vote.[14] He received his judicial commission on March 4, 2019.

His appointment was noteworthy as his home state senators (Patty Murray and Maria Cantwell, of Washington) did not support his nomination and refused to return their blue slips in order to show their objection to it.[15] He was the first federal judicial nominee to be so confirmed.

Notable case(s)

On April 7, 2020, Miller joined an opinion written by Milan Smith ruling that immigrants detained for 6 months or more must be granted bond hearings. [16]

Memberships

Miller had intermittent membership in the Federalist Society from 1996–1999, 2000–2004 and 2016–2017.[17]

See also

References
  1. Lipson, Jafi A. (December 18, 1993). "CLUH Elects New Director". Harvard Crimson. Retrieved August 4, 2018.
  2. Gentile, Olivia F. (March 21, 1994). "Would Male Voters Detract From RUS?". Harvard Crimson. Retrieved August 4, 2018.
  3. "Eric D. Miller". perkinscoie.com. Perkins Coie. Archived from the original on July 14, 2018. Retrieved July 13, 2018.
  4. Gillespie, Becky Beaupre (April 2, 2018). "Duty and Tradition The US Solicitor General and His Principal Deputy are Law School Alumni—and They Represent the History and Shared Values Between the Two Institutions". U Chicago Law School News. Retrieved August 2, 2018.
  5. "President Donald J. Trump Announces Sixteenth Wave of Judicial Nominees, Sixteenth Wave of United States Attorney Nominees, and Eleventh Wave of United States Marshal Nominees". whitehouse.gov. July 13, 2018. Retrieved July 13, 2018. This article incorporates text from this source, which is in the public domain.
  6. Barnes, Robert (December 7, 2010). "Justices juggle sympathy, past vote". Washington Post. Retrieved August 2, 2018.
  7. Pacheco-Flores, Agueda (July 13, 2018). "Three Seattle attorneys nominated for federal judgeships, appellate court". Seattle Times. Retrieved August 2, 2018.
  8. "One Nomination Sent to the Senate Today", White House, July 19, 2018
  9. United States Senate Committee on the Judiciary: Nominations for October 24, 2018
  10. "President Donald J. Trump Announces Intent to Nominate Judicial Nominees", White House, January 23, 2019
  11. "Nominations Sent to the Senate", White House, January 23, 2019
  12. Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee
  13. "On the Cloture Motion (Motion to Invoke Cloture Re: Eric D. Miller, to be United States Circuit Judge for the Ninth Circuit)". United States Senate. February 25, 2019. Retrieved February 25, 2019.
  14. "On the Nomination (Confirmation: Eric D. Miller, of Washington, to be United States Circuit Judge for the Ninth Circuit)". United States Senate. February 26, 2019. Retrieved February 26, 2019.
  15. "'Damaging precedent': Conservative federal judge installed without consent of home-state senators". The Washington Post. 2019.
  16. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/04/07/18-16465.pdf
  17. United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Eric David Miller

Selected publications
Legal offices
Preceded by
Richard C. Tallman		 Judge of the United States Court of Appeals for the Ninth Circuit
2019–present		 Incumbent
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