Know a Nominee: Michael Park to the Second Circuit Court of Appeals

(Updated 5/9/2019): The Senate confirmed Michael Park to be a judge on the Second Circuit Court of Appeals on a 52-41 vote.

The Senate is expected to consider the nomination of Michael Park to the Second Circuit Court of Appeals this week. Here’s what you need to know about the nominee:

Who is he?

• Michael Park, 43, has worked as a lawyer and name partner at the litigation firm of Consovoy McCarthy Park PLLC since 2015. Notably, he represented the Kansas Dept. of Health and Environment in 2016 as it tried to cut off Medicaid funding for Planned Parenthood.
• Park graduated from Princeton University with honors before earning his law degree from Yale Law School, where he was managing editor of the law journal. After graduating from law school, he clerked for then-Judge Samuel Alito on the Third Circuit Court of Appeals.
• Park worked in private practice from 2002-2006 after his clerkship ended, then joined the Justice Department’s Office of Legal Counsel as an attorney advisor for two years before clerking for Justice Samuel Alito on the U.S. Supreme Court. Park then worked as a counsel and partner at Dechert from 2009-2015 before joining Consovoy McCarthy Park PLLC.
• Park is an adjunct professor at the Antonin Scalia Law School at George Mason University. He is a board member of the Supreme Court Historical Society and the Asian American Bar Association of New York, in addition to being a member of the Federalist Society.

What’s the outlook for his confirmation?

• The Senate Judiciary advanced Park’s nomination on a party-line 12-10 vote with all Democrats in opposition and all Republicans in favor.
• New York’s Democratic senators ― Minority Leader Chuck Schumer and presidential contender Kirsten Gillibrand ― refused to return a “blue slip” to signal their support for Park’s nomination as his home state senators. However, the Senate no longer allows the lack of a returned blue slip to block a judicial nomination.
• Democrats oppose Park’s work for conservative causes, such as serving as a lead attorney for a group challenging Harvard University’s affirmative action admissions policies that allegedly discriminate against Asian Americans. He said if confirmed he’d recuse himself from cases involving Consovoy McCarthy “for some time”, as the firm notably represents President Donald Trump in a lawsuit accusing him of unconstitutionally accepting gifts in violation of the Emoluments Clause.
• A substantial majority of the American Bar Association’s rating panel found Park to be “well qualified” while a minority of the panel deemed him “qualified”.

What does it mean for the Second Circuit?

• Park’s confirmation would fill a position on the Second Circuit Court of Appeals that became vacant on August 31, 2018, when Judge Reena Raggi (a George W. Bush appointee) assumed senior status. Park’s duty station would be in New York, NY.
• The Second Circuit has 13 active judgeships of whom one was appointed by George H.W. Bush, three by Bill Clinton, two by George W. Bush, four by Barack Obama, and one by Donald Trump (there are two vacancies prior to the confirmation of Joseph Bianco and Park).

— Eric Revell

(Photo Credit: iStock / imaginima)