Know a Nominee: Patrick Bumatay to the Ninth Circuit Court of Appeals

UPDATED - 12/10/19: The Senate confirmed Patrick Bumatay to be a judge on the Ninth Circuit Court of Appeals following a 53-40 vote along party-lines.

UPDATED - 12/9/19: The Senate voted 47-41 to limit further debate on Bumatay’s nomination ahead of a confirmation vote on Tuesday.

The Senate is expected to consider the nomination of Patrick Bumatay to be a judge on the Ninth Circuit Court of Appeals this week, beginning with a procedural vote Monday ahead of a likely confirmation vote Tuesday. Here’s what you need to know about the nominee:

Who is he?

• Patrick J. Bumatay, 41, is a federal prosecutor in the U.S. Attorney’s Office for the Southern District of California in San Diego ― a position he has held since 2012. He is a member of the Organized Crime & Drug Enforcement Task Forces Section.
• Bumatay previously served in various positions within the Dept. of Justice, including the Office of the Attorney General, the Office of the Deputy Attorney General, and the Office of Legal Policy.
• He earned his undergraduate degree with honors from Yale University and his law degree from Harvard Law School. Upon his graduation, he served as a law clerk for Judge Sandra Townes in the U.S. District Court for the Eastern District of New York and Judge Timothy Tymkovich of the Tenth Circuit Court of Appeals.
• Bumatay was initially nominated to a seat on the U.S. District Court for the Southern District of California. That nomination was withdrawn so he could be nominated to the Ninth Circuit Court of Appeals.
• If confirmed, Bumatay would be the first Filipino American to serve as a federal appellate judge and the first openly gay judge on the Ninth Circuit.

What’s the outlook for his confirmation?

• The Senate Judiciary Committee advanced his nomination on a party-line 12-10 vote, with Republicans voting in favor and Democrats opposed.
• Bumatay’s home state senators, California Democrats Dianne Feinstein and Kamala Harris, oppose his nomination and refused to return a “blue slip” ― although the Senate no longer allows the lack of a returned blue slip to halt a nomination.
• The American Bar Association’s judicial nomination rating panel gave Bumatay a unanimous rating of “qualified”.

What does it mean for the Ninth Circuit?

• Bumatay’s confirmation would fill a position on the Ninth Circuit Court of Appeals currently occupied by Judge Carlos Bea (a George W. Bush nominee), who will take senior status upon the confirmation of his successor. Bea’s duty station is in San Francisco, California.
• The Ninth Circuit has 29 active judgeships. Of the judges on the bench, nine were appointed by Bill Clinton, five by George W. Bush, seven by Barack Obama, and eight by Donald Trump. It currently has no vacancies.

— Eric Revell

(Photo Credit: iStock / imaginima)