WikiDwarf: /Notable cases/ added HLR recent case

2023-07-31T08:22:16Z

Notable cases: added HLR recent case

Hembram Bakhul: Created page with "{{short description|United States federal judge}} {{Use mdy dates|date=October 2018}} {{short description|U.S. courts of appeals judge}} {{Infobox judge | name..."

2021-07-01T07:32:17Z

Created page with "{{short description|United States federal judge}} {{Use mdy dates|date=October 2018}} {{short description|U.S. courts of appeals judge}} {{Infobox judge | name..."

New page

{{short description|United States federal judge}}
{{Use mdy dates|date=October 2018}}
{{short description|U.S. courts of appeals judge}}
{{Infobox judge
| name = Patrick J. Bumatay
| image = PatrickBumatay.jpg
| office = Judge of the [[United States Court of Appeals for the Ninth Circuit]]
| appointer = [[List of federal judges appointed by Donald Trump|Donald Trump]]
| term_start = December 12, 2019
| term_end =
| predecessor = [[Carlos Bea]]
| successor =
| birth_name = Patrick Joseph Bumatay
| birth_date = {{Birth date and age|1978|02|14}}
| birth_place = [[Secaucus, New Jersey]]<ref>[http://cdn.ca9.uscourts.gov/datastore/ce9/2019/12/10/Press%20Release%20-%20Patrick%20Bumatay%20confirmed.pdf "Senate Confirms Patrick J. Bumatay to Seat on Ninth Circuit Court of Appeals", Public Information Office, United States Courts for the Ninth Circuit, December 10, 2019]</ref>
| death_date =
| death_place =
| education = [[Yale University]] ([[Bachelor of Arts|BA]])<br>[[Harvard University]] ([[Juris Doctor|JD]])
| party =
}}

'''Patrick Joseph Bumatay''' (born February 14, 1978)<ref>{{Cite web |url=https://vettingroom.org/2019/11/18/patrick-bumatay/ |title=Patrick Bumatay – Nominee to the U.S. Court of Appeals for the Ninth Circuit |last=Voruganti |first=Harsh |date=2019-11-18 |website=The Vetting Room |language=en |access-date=2019-12-02}}</ref> is a [[United States federal judge|United States Circuit Judge]] of the [[United States Court of Appeals for the Ninth Circuit]] and a former [[Assistant United States Attorney]] for the [[United States District Court for the Southern District of California|Southern District of California]].

== Early life and career ==
Bumatay earned his [[Bachelor of Arts]], ''cum laude'', from [[Yale University]], and his [[Juris Doctor]] from [[Harvard Law School]].
After graduating from law school, Bumatay served as a law clerk to Judge [[Sandra L. Townes]] of the [[United States District Court for the Eastern District of New York]] and Judge [[Timothy Tymkovich]] of the [[United States Court of Appeals for the Tenth Circuit]].

Bumatay has served in various positions at the [[United States Department of Justice]], including the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of the Associate Attorney General, and the Office of Legal Policy. He served as an Assistant United States Attorney 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.<ref name="WHBio">{{cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-eighteenth-wave-judicial-nominees-eighteenth-wave-united-states-attorney-nominees-thirteenth-wave-united-states-marshal-nominees/ |title=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 |date=October 10, 2018 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=October 10, 2018 }} {{PD-notice}}</ref>

He has been a member of the [[Federalist Society]] since 2003, the [[Federal 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.<ref name="Questionnaire">[https://www.judiciary.senate.gov/imo/media/doc/Patrick%20Bumatay%20Senate%20Questionnaire%20(PUBLIC).pdf United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Patrick Bumatay]</ref>

== Federal judicial service ==

=== Court of appeals ===
On October 10, 2018, [[Donald Trump|President Trump]] announced his intent to nominate Bumatay to serve as a United States Circuit Judge of the [[United States Court of Appeals for the Ninth Circuit]].<ref name="WHBio" /> Both [[United States Senate|U.S. Senators]] from California, [[Dianne Feinstein]] and [[Kamala Harris]], announced their opposition to his nomination, saying they had not included Bumatay's name among those they recommended for the 9th Circuit.<ref>{{Cite web |url=https://www.cnn.com/2018/10/13/politics/white-house-ninth-circuit-judges/index.html |title=White House nominations to 9th Circuit set off firestorm |last=de Vogue |first=Ariane |date=2018-10-13 |website=CNN |access-date=2019-01-31}}</ref><ref>{{Cite web |url=https://www.usatoday.com/story/news/politics/onpolitics/2018/10/17/patrick-bumatay-trump-judicial-nominee/1668092002/ |title=Trump makes his second nomination of openly gay person to be federal judge |last=Cummings |first=William |date=2018-10-17 |website=USA TODAY |language=en |access-date=2019-01-31}}</ref><ref>{{Cite web |url=https://www.latimes.com/politics/la-na-pol-9th-circuit-nominees-20181011-story.html |title=California senators will try to block White House judicial nominees for the 9th Circuit - Los Angeles Times |last=Wire |first=Sarah D. |date=2018-10-11 |website=latimes.com |access-date=2018-10-16}}</ref> On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat vacated by Judge [[Alex Kozinski]], who retired on December 18, 2017.<ref>[https://trumpwhitehouse.archives.gov/presidential-actions/twenty-six-nominations-sent-senate/ "Twenty Six Nominations Sent to the Senate", White House, November 13, 2018]</ref>

On January 3, 2019, his nomination was returned to the President under [[Standing Rules of the United States Senate, Rule XXXI|Rule XXXI, Paragraph 6]] of the [[United States Senate]].

On September 20, 2019, President Donald Trump announced his intent once again to nominate Bumatay to serve as a United States Circuit Judge of the [[United States Court of Appeals for the Ninth Circuit]].<ref name="WHBio2">{{cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-judicial-nominees-united-states-marshal-nominee-5/ |title=President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee |date=September 20, 2019 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=September 20, 2019 }} {{PD-notice}}</ref><ref>{{Cite web |url=https://federalnewsnetwork.com/government-news/2019/09/trump-brings-back-9th-circuit-court-of-appeals-nominee/ |title=Trump brings back 9th Circuit Court of Appeals nominee |date=2019-09-20 |website=Federal News Network |language=en-US |access-date=2019-10-21}}{{Cite web |url=https://federalnewsnetwork.com/government-news/2019/09/trump-brings-back-9th-circuit-court-of-appeals-nominee/ |title=Trump brings back 9th Circuit Court of Appeals nominee |date=2019-09-20 |website=Federal News Network |language=en-US |access-date=2019-10-21}}</ref> Bumatay is the first Filipino American to serve as an Article III federal appellate judge and the first openly gay judge on the 9th Circuit.<ref>{{cite news |last1=Davis |first1=Kristina |title=San Diego prosecutor's judicial nomination gets downgraded — from 9th Circuit to district judge |url=https://www.sandiegouniontribune.com/news/courts/sd-me-bumatay-nomination-20190219-story.html |access-date=30 May 2019 |publisher=San Diego Union Tribune |date=February 25, 2019}}</ref> On October 15, 2019, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat being vacated by Judge [[Carlos Bea]], who previously announced his intention to take [[senior status]] on a date to be determined.<ref name="Oct15">[https://trumpwhitehouse.archives.gov/presidential-actions/twenty-five-nominations-three-withdrawals-sent-senate/ "Twenty-five Nominations and Three Withdrawals Sent to the Senate" White House, October 15, 2019]</ref> On October 30, 2019, a hearing on Bumatay's nomination was held before the [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]].<ref>[https://www.judiciary.senate.gov/meetings/10/30/2019/nominations United States Senate Committee on the Judiciary: Nominations for October 30, 2019]</ref> On November 21, 2019, his nomination was reported out of committee by a 12–10 vote.<ref>[https://www.judiciary.senate.gov/imo/media/doc/Results%20of%20Executive%20Business%20Meeting%20November%2021%202019.pdf Results of Executive Business Meeting – November 21, 2019, Senate Judiciary Committee]</ref> On December 9, 2019, the [[United States Senate|Senate]] invoked [[cloture]] by a vote of 47–41.<ref>{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00386|title=U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session|website=www.senate.gov|access-date=2019-12-11}}</ref> On December 10, 2019, the Senate confirmed his nomination by a 53–40 vote.<ref>{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00387|title=U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session|website=www.senate.gov|access-date=2019-12-11}}</ref> He received his judicial commission on December 12, 2019.

==== Notable cases ====
In February 2020, Bumatay dissented from a denial of rehearing en banc in which a three-judge panel ruled that the denial of sex-reassignment surgery to an Idaho prisoner violated the Eighth 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."<ref>{{Cite web|url=https://www.idahopress.com/eyeonboise/th-circuit-rejects-rehearing-request-from-idaho-in-edmo-case/article_8959412f-9984-5122-aeb0-1c1fa646e3ae.html|title=9th Circuit rejects rehearing request from Idaho in Edmo case, Gov. Little vows appeal to US Supreme Court|website=www.idahopress.com|access-date=2020-02-22}}</ref>

=== Withdrawn nomination to district court ===
On January 30, 2019, [[Donald Trump|President Trump]] announced his intent to nominate Bumatay to a seat on the [[United States District Court for the Southern District of California]].<ref>{{Cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-judicial-nominees-2/ |title=President Donald J. Trump Announces Intent to Nominate Judicial Nominees |date=2019-01-30 |language=en-US |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=2019-01-31}}</ref> On February 6, 2019, his nomination was sent to the Senate. He was nominated to the seat vacated by [[Marilyn L. Huff]], who took [[senior status]] on September 30, 2016.<ref>[https://trumpwhitehouse.archives.gov/presidential-actions/twelve-nominations-sent-senate/ "Twelve Nominations Sent to the Senate", The White House, February 6, 2019]</ref> His nomination was withdrawn on October 15, 2019, when he was once again nominated to a seat on the [[United States Court of Appeals for the Ninth Circuit]].<ref name="Oct15" />

== Personal life ==
Bumatay is openly gay.<ref name="nbcnewstrumpnominates">{{cite news |last1=Sopelsa |first1=Brooke |title=Trump nominates openly gay conservative to federal appeals court |url=https://www.nbcnews.com/feature/nbc-out/trump-nominates-openly-gay-conservative-federal-appeals-court-n920831 |access-date=February 12, 2019 |work=NBC News |date=October 16, 2018}}</ref>

== See also ==
* [[Donald Trump judicial appointment controversies]]
* [[List of Asian American jurists]]
* [[List of first minority male lawyers and judges in the United States]]

== References ==
{{Reflist}}

== External links ==
* {{FJC Bio|nid=7499211}}

{{s-start}}
{{s-legal}}
{{s-bef|before=[[Carlos Bea]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States Court of Appeals for the Ninth Circuit]]}}|years=2019–present}}
{{s-inc}}
{{s-end}}
{{United States courts of appeals judges}}
{{Authority control}}

{{DEFAULTSORT:Bumatay, Patrick J.}}
[[Category:1978 births]]
[[Category:Living people]]
[[Category:21st-century American lawyers]]
[[Category:21st-century American judges]]
[[Category:American jurists of Filipino descent]]
[[Category:Assistant United States Attorneys]]
[[Category:California lawyers]]
[[Category:Federalist Society members]]
[[Category:Gay men]]
[[Category:Harvard Law School alumni]]
[[Category:Judges of the United States Court of Appeals for the Ninth Circuit]]
[[Category:Lawyers from Washington, D.C.]]
[[Category:LGBT American people of Asian descent]]
[[Category:LGBT appointed officials in the United States]]
[[Category:LGBT judges]]
[[Category:LGBT lawyers]]
[[Category:LGBT people from New Jersey]]
[[Category:People from Secaucus, New Jersey]]
[[Category:United States court of appeals judges appointed by Donald Trump]]
[[Category:United States Department of Justice lawyers]]
[[Category:Yale University alumni]]

Patrick J. Bumatay - Revision history

WikiDwarf: /*Notable cases*/ added HLR recent case

Hembram Bakhul: Created page with "{{short description|United States federal judge}} {{Use mdy dates|date=October 2018}} {{short description|U.S. courts of appeals judge}} {{Infobox judge | name..."

WikiDwarf: /Notable cases/ added HLR recent case