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Know a Nominee: Eric Miller to the Ninth Circuit Court

Do you support or oppose Miller's nomination?

by Countable | Updated on 2.26.19

(Update 2/26/19) The Senate confirmed Eric D. Miller on a 53-46 vote Tuesday afternoon. Countable's original profile of the nominee appears below.



The Senate is expected to consider the nomination of Eric D. Miller to the Ninth Circuit Court of Appeals this week. Here’s what you need to know about the nominee.

Who is he?

  • Eric D. Miller, 43, is a lawyer in Seattle, Washington with the firm Perkins Coie and chairs the firm’s appellate practice and has argued over 60 appeals, including 16 in the U.S. Supreme Court.
  • Prior to joining the firm in 2012, Miller worked in various legal roles for the federal government from 2003 to 2012, including stints with the Office of Legal Counsel, the Federal Communications Commission, and the Office of the Solicitor General.
  • Miller is a graduate of Harvard University and the University of Chicago Law School who went on to clerk for Supreme Court Justice Clarence Thomas.

What’s the outlook for his confirmation?

  • Miller’s home state senators, Washington Democrats Maria Cantwell and Patty Murray, haven’t signaled their support for his nomination by returning a “blue slip”, but the Senate Judiciary Committee no longer halts nominations over the lack of a blue slip.
  • The Senate Judiciary Committee advanced Miller’s nomination on a party-line 12-10 vote on February 7, 2019.

What does it mean for the Ninth Circuit?

  • Miller’s confirmation would fill a vacancy on the 29-judge Ninth Circuit Court of Appeals that occurred when Richard Tallman assumed senior status in March 2018. Miller’s duty station would be Seattle.
  • The Ninth Circuit is currently composed of 23 judges of whom nine were appointed by Bill Clinton, five by George W. Bush, seven by Barack Obama, and two by Donald Trump (there are six vacancies prior to Miller’s confirmation).

— Eric Revell

(Photo Credit: iStock / imaginima)

Countable

Written by Countable

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(104)
  • Frances
    Voted Oppose
    02/25/2019
    ···

    I DON'T TRUST ANYONE NOMINATED BY THE TRAITOR-IN-CHIEF!

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  • jdominator10
    Voted Support
    02/26/2019
    ···

    I think Democrats need to not “oppose any nomination by President Trump,” but to be open to any nomination based on judicial rulings, leadership, and experience. Before President Trump was elected, Democrats were all for fairness; and we can see that today where on college campuses, no one can deny a person on the basis of sex, religion, orientation, gender, disability, etc. But we see Democrats denying a nominee based on his nomination by President Trump. Even if President Trump nominated a judicial activist, the people on the left, and liberals too, would oppose the nominee. Let’s all be open to any nominee, by any party or President, and look at the credentials. It’s not difficult guys, quit acting like a bunch of two year olds.

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  • ColonelMoose
    02/26/2019
    ···

    One more clown for the 9th circus court. Liberal baby killing morons. Ban all democrats. End the domestic terrorist. Remember to have you neighborhood liberals spayed or neutered. Thank god we have Trump making the nation great again.

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  • Sean
    Voted Support
    02/26/2019
    ···

    Why don’t we judge a nominee based on their judicial history instead of who they are nominated by? It just shows the level of childish behavior by the left leaning trump haters.

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  • hippie674
    Voted Oppose
    02/26/2019
    ···

    We need moderate judges on the courts. NOT the reactionaries that Trump keeps nominating. Vote NO. you will be held accountable.

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  • Anthony
    02/27/2019
    ···

    I challenge every one of the forty four Senators,who voted to deny new born infants the right to life,to explain how these infants civil rights are not denied by their shameful vote. Explain to the American people how you did not violate your oath of office,your Constitutional responsibilities to protect the civil rights of the most vulnerable in our society. EXPLAIN YOURSELVES ! Or are you also COWARDS !

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  • Daniel
    Voted Support
    02/25/2019
    ···

    I am a resident of Washington State and I support Eric D. Miller's nomination to the Ninth Circuit Court of Appeals. I would appreciate my law makers not play politics and do the proper thing by moving forward with vetting this individual.

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  • SneakyPete
    Voted Support
    02/26/2019
    ···

    Why The Heck NOT DEMOCRATS......... The 9th Circuit Court needs to be marginalized and less biased. SneakyPete......... 👍🏻9th Circuit👍🏻. 2*26*19..........

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  • Curt
    Voted Support
    02/23/2019
    ···

    Time to break up the fascist 9th circuit!

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  • burrkitty
    Voted Oppose
    02/26/2019
    ···

    I am a voter in Washington State and I oppose this nomination. I am Not a fan of this guy. He has a ugly record. Specifically, with his record on the rights and treaties with the First Nations. The 9th Circuit just so happens to be responsible for 427 federally recognized Native nations, or roughly 75 percent of all federally recognized Native nations. The Ninth Circuit oversees more tribal cases than any of the other federal circuit courts and often sets precedents that trickle their way down to the lower regional and state courts. And now, the Ninth Circuit will add a man with a penchant for attacking the weak spots around the United States’ treaties with the Native nations.. Federal judicial nominations have a disproportionate impact on Indian Country because Indian law is often made and changed more from the judicial bench than by Congress. As an attorney, this nominee has represented interests that were opposed to treaty rights. He has attacked Tribal sovereign immunity. He has disputed a Tribal nation’s ability to acquire trust lands under the Indian Reorganization Act and shown a repeated willingness to side against Tribes in court, and I fear this track record will follow him to the bench. Hard pass on this guy. He has no respect for the First Nations or their people.

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  • operaman
    Voted Support
    02/26/2019
    ···

    If the Senators of Washington State have pulled their support of Mr. Miller, then I'm a YEA.

    Like (13)
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  • Robin
    Voted Support
    02/26/2019
    ···

    New judges are badly needed on the 9th circuit. I fully support him.

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  • Loretta
    Voted Oppose
    02/26/2019
    ···

    We need to stop the continued Republican takeover of the judiciary.

    Like (12)
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  • Jim
    Voted Support
    02/26/2019
    ···

    We need more constitutionalists and fewer activists on the ninth circuit!

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  • Michael
    Voted Support
    02/26/2019
    ···

    Eric Miller, great choice for the 9th circus.

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  • Pat
    Voted Oppose
    02/26/2019
    ···

    IF trump PICKED HIM HE CAN'T BE GOOD

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  • Kodiwodi
    Voted Oppose
    02/26/2019
    ···

    Anyone who clerked for Clarence Thomas has to be bad to the bone as far as I’m concerned. A boys will be boys paid off judge.

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  • DanielOdum
    Voted Support
    02/26/2019
    ···

    Please support the nomination and/or appointment of Mr. Eric Miller, to the ninth circuit court. Thank you very much for your support concerning this matter. Sincerely, Mr. Daniel Odum.

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  • Fred
    Voted Support
    02/26/2019
    ···

    Could find no reason that.he was not qualified to do the job. I am not a Trump supporter. Nominees need to be judged on their qualifications not who they are nominated by. Only opposing views I read were written by people opposing him because Trump nominated him. No one rated him on his qualifications.

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  • Mark
    Voted Support
    02/26/2019
    ···

    More conservative judges needed to make better common sense decisions

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  • Spencer
    Voted Support
    02/26/2019
    ···

    I support this nomination only because everyone against it spouts something about Trump, and not this gentleman’s merit!

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  • SneakyPete
    Voted Support
    02/26/2019
    ···

    We’re Continuing The Sad 😔 Obstructionist Activity’s by the Democrats. I’m in full support of ALL nominees put forth by President Trump AND opposed by the Progressive Socialist leaning Democratic members of Congress. SneakyPete.......... 🙀👿👿👿🙀. 2*26*19..........

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