Created by Hembram Bakhul
Last edited July 31, 2023
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..."
 
Notable cases: added HLR recent case
 
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{{short description|United States federal judge}}
{{Short description|American federal judge (born 1978)}}
{{Use mdy dates|date=October 2018}}
{{Use mdy dates|date=October 2018}}
{{short description|U.S. courts of appeals judge}}
{{Infobox judge
{{Infobox judge
| name                = Patrick J. Bumatay
| name                = Patrick J. Bumatay
| image              = PatrickBumatay.jpg
| image              = PatrickBumatay.jpg
| office              = Judge of the [[United States Court of Appeals for the Ninth Circuit]]
| 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_start          = December 12, 2019
| term_end            =  
| term_end            =  
| appointer          = [[List of federal judges appointed by Donald Trump|Donald Trump]]
| predecessor        = [[Carlos Bea]]
| predecessor        = [[Carlos Bea]]
| successor          =  
| successor          =  
| birth_name          = Patrick Joseph Bumatay
| birth_date          = {{Birth date and age|1978|02|14}}
| 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>
| birth_place        = [[Secaucus, New Jersey]],  U.S.<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_date          =  
| death_place        =  
| death_place        =  
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'''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]].
'''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 an American lawyer and jurist who serves as a [[United States federal judge|U.S. circuit judge]] of the [[United States Court of Appeals for the Ninth Circuit|U.S. Court of Appeals for the Ninth Circuit]].


== Early life and career ==
== Early life and education ==
Bumatay earned his [[Bachelor of Arts]], ''cum laude'', from [[Yale University]], and his [[Juris Doctor]] from [[Harvard Law School]].  
Bumatay was born in 1978 in [[Secaucus, New Jersey]]. He graduated from [[Yale University]] in 2000 with a [[Bachelor of Arts]], ''[[Latin honors#United States|cum laude]]''. He spent three years as a political campaign staffer and as a [[paralegal]] in the [[Executive Office of the President of the United States]]. He then attended [[Harvard Law School]], where he was an editor of the ''[[Harvard Journal of Law and Public Policy]]'', graduating in 2006 with a [[Juris Doctor]].<ref>[https://www.judiciary.senate.gov/imo/media/doc/Patrick%20Bumatay%20Senate%20Questionnaire%20(PUBLIC).pdf FJC Questionnaire].</ref>
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]].
==Early career==
After graduating from law school, Bumatay was a [[law clerk]] to Judge [[Timothy Tymkovich]] of the [[United States Court of Appeals for the Tenth Circuit|U.S. Court of Appeals for the Tenth Circuit]] from 2006 to 2007. He was a special assistant in the [[United States Department of Justice|U.S. Department of Justice]]'s [[Office of Legal Policy]] from 2007 to 2008 and Office of the [[United States Associate Attorney General|Associate Attorney General]] from 2008 to 2009. He then clerked for Judge [[Sandra L. Townes]] of the [[United States District Court for the Eastern District of New York|U.S. District Court for the Eastern District of New York]] from 2009 to 2010.


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>
From 2010 to 2012, Bumatay was in private practice as an associate at the [[New York City]] law firm Morvillo Abramowitz Grand Iason & Anello. From 2012 until his judicial appointment in 2018, Bumatay was a [[federal 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.<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>
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 ==
== Federal judicial service ==
=== Court of appeals ===
=== 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 October 10, 2018, President [[Donald 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=[[Los Angeles Times]] |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 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.
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> 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 assume [[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]] invoked [[cloture]] by a 47–41 vote.<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=On the Cloture Motion (Motion to Invoke Cloture: Patrick J. Bumatay to be U.S. Circuit Judge for the Ninth Circuit)|website=www.senate.gov|access-date=2019-12-11}}</ref> On December 10, 2019, his nomination was confirmed 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=On the Nomination (Confirmation: Patrick J. Bumatay, of California, to be U.S. Circuit Judge for the Ninth Circuit)|website=www.senate.gov|access-date=2019-12-11}}</ref> He received his judicial commission on December 12, 2019.<ref>{{FJC Bio|nid=7499211|inline=yes}}</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 |work=San Diego Union Tribune |date=February 25, 2019}}</ref>


==== Notable cases ====
==== 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>
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|date=February 11, 2020 |access-date=2020-02-22}}</ref>
 
In October 2020, Bumatay wrote for the unanimous panel when it found that an injunction to meet emission standard deadlines under the [[Clean Air Act]] could not be enforced against the [[United States Environmental Protection Agency]] after EPA itself promulgated [[rulemaking]] setting new deadlines.<ref>{{Bluebook journal |first=|last=Note|title=Recent Case: Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law|volume=134 |journal=[[Harvard Law Review|Harv. L. Rev.]] |page=2606|url=https://harvardlawreview.org/wp-content/uploads/2021/05/134-Harv.-L.-Rev.-2606.pdf|year=2021}}</ref> <ref>{{cite court |litigants=California v. EPA |vol=978|reporter=F.3d|opinion=708|court=9th Cir.|date=2020|url=https://scholar.google.com/scholar_case?case=17291674667174920278|accessdate=}}</ref>


=== Withdrawn nomination to district court ===
=== 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" />
On January 30, 2019, 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 ==
== 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>
Bumatay is a Filipino American and 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 ==
== See also ==
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* [[List of Asian American jurists]]
* [[List of Asian American jurists]]
* [[List of first minority male lawyers and judges in the United States]]
* [[List of first minority male lawyers and judges in the United States]]
* [[List of LGBT jurists in the United States]]


== References ==
== References ==
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{{s-end}}
{{s-end}}
{{United States courts of appeals judges}}
{{United States courts of appeals judges}}
{{Authority control}}


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

Latest revision as of 13:52, 31 July 2023


Patrick J. Bumatay
Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
December 12, 2019
Appointed byDonald Trump
Preceded byCarlos Bea
Personal details
Born (1978-02-14) February 14, 1978 (age 48)
Secaucus, New Jersey, U.S.[1]
EducationYale University (BA)
Harvard University (JD)

Patrick Joseph Bumatay (born February 14, 1978)[2] is an American lawyer and jurist who serves as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit.

Early life and education[edit | edit source]

Bumatay was born in 1978 in Secaucus, New Jersey. He graduated from Yale University in 2000 with a Bachelor of Arts, cum laude. He spent three years as a political campaign staffer and as a paralegal in the Executive Office of the President of the United States. He then attended Harvard Law School, where he was an editor of the Harvard Journal of Law and Public Policy, graduating in 2006 with a Juris Doctor.[3]

Early career[edit | edit source]

After graduating from law school, Bumatay was a law clerk to Judge Timothy Tymkovich of the U.S. Court of Appeals for the Tenth Circuit from 2006 to 2007. He was a special assistant in the U.S. Department of Justice's Office of Legal Policy from 2007 to 2008 and Office of the Associate Attorney General from 2008 to 2009. He then clerked for Judge Sandra L. Townes of the U.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 the New York City law firm Morvillo Abramowitz Grand Iason & Anello. From 2012 until his judicial appointment in 2018, Bumatay was a federal 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 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.[5]

Federal judicial service[edit | edit source]

Court of appeals[edit | edit source]

On October 10, 2018, President Donald 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.[4] Both 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.[6][7][8] 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.[9]

On January 3, 2019, his nomination was returned to the President under 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.[10][11] 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 assume senior status on a date to be determined.[12] On October 30, 2019, a hearing on Bumatay's nomination was held before the Senate 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 United States Senate invoked cloture 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 9th Circuit.[18]

Notable cases[edit | edit source]

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."[19]

In October 2020, Bumatay wrote for the unanimous panel when it found that an injunction to meet emission standard deadlines under the Clean Air Act could not be enforced against the United States Environmental Protection Agency after EPA itself promulgated rulemaking setting new deadlines.[20] [21]

Withdrawn nomination to district court[edit | edit source]

On January 30, 2019, President Trump announced his intent to nominate Bumatay to a seat on the United States District Court for the Southern District of California.[22] 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.[23] 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.[12]

Personal life[edit | edit source]

Bumatay is a Filipino American and openly gay.[24]

See also[edit | edit source]

References[edit | edit source]

  1. "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
  2. Voruganti, Harsh (November 18, 2019). "Patrick Bumatay – Nominee to the U.S. Court of Appeals for the Ninth Circuit". The Vetting Room. Retrieved December 2, 2019.
  3. FJC Questionnaire.
  4. 4.0 4.1 "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 – via National Archives. This article incorporates text from this source, which is in the public domain.
  5. United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Patrick Bumatay
  6. de Vogue, Ariane (October 13, 2018). "White House nominations to 9th Circuit set off firestorm". CNN. Retrieved January 31, 2019.
  7. Cummings, William (October 17, 2018). "Trump makes his second nomination of openly gay person to be federal judge". USA TODAY. Retrieved January 31, 2019.
  8. Wire, Sarah D. (October 11, 2018). "California senators will try to block White House judicial nominees for the 9th Circuit - Los Angeles Times". Los Angeles Times. Retrieved October 16, 2018.
  9. "Twenty Six Nominations Sent to the Senate", White House, November 13, 2018
  10. "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee". whitehouse.gov. September 20, 2019. Retrieved September 20, 2019 – via National Archives. This article incorporates text from this source, which is in the public domain.
  11. "Trump brings back 9th Circuit Court of Appeals nominee". Federal News Network. September 20, 2019. Retrieved October 21, 2019."Trump brings back 9th Circuit Court of Appeals nominee". Federal News Network. September 20, 2019. Retrieved October 21, 2019.
  12. 12.0 12.1 "Twenty-five Nominations and Three Withdrawals Sent to the Senate" White House, October 15, 2019
  13. United States Senate Committee on the Judiciary: Nominations for October 30, 2019
  14. Results of Executive Business Meeting – November 21, 2019, Senate Judiciary Committee
  15. "On the Cloture Motion (Motion to Invoke Cloture: Patrick J. Bumatay to be U.S. Circuit Judge for the Ninth Circuit)". www.senate.gov. Retrieved December 11, 2019.
  16. "On the Nomination (Confirmation: Patrick J. Bumatay, of California, to be U.S. Circuit Judge for the Ninth Circuit)". www.senate.gov. Retrieved December 11, 2019.
  17. Template:FJC Bio
  18. Davis, Kristina (February 25, 2019). "San Diego prosecutor's judicial nomination gets downgraded — from 9th Circuit to district judge". San Diego Union Tribune. Retrieved May 30, 2019.
  19. "9th Circuit rejects rehearing request from Idaho in Edmo case, Gov. Little vows appeal to US Supreme Court". www.idahopress.com. February 11, 2020. Retrieved February 22, 2020.
  20. Template:Bluebook journal
  21. California v. EPA, 978 F.3d 708 (9th Cir. 2020).
  22. "President Donald J. Trump Announces Intent to Nominate Judicial Nominees". whitehouse.gov. January 30, 2019. Retrieved January 31, 2019 – via National Archives.
  23. "Twelve Nominations Sent to the Senate", The White House, February 6, 2019
  24. Sopelsa, Brooke (October 16, 2018). "Trump nominates openly gay conservative to federal appeals court". NBC News. Retrieved February 12, 2019.

External links[edit | edit source]

Legal offices
Preceded by
Carlos Bea
Judge of the United States Court of Appeals for the Ninth Circuit
2019–present
Incumbent

Template:United States courts of appeals judges