David Ebel

David Ebel

Nonpartisan

United States Court of Appeals for the 10th Circuit (senior status)

Tenure

2006 - Present

Years in position

18

Prior offices

United States Court of Appeals for the 10th Circuit

---

Education

Bachelor's

Northwestern University, 1962

Law

University of Michigan Law School, 1965

Personal

Birthplace

Wichita, Kan.

float:right;
border:1px solid #FFB81F;
background-color: white;
width: 250px;
font-size: .9em;
margin-bottom:0px;

} .infobox p { margin-bottom: 0; } .widget-row { display: inline-block; width: 100%; margin-top: 1px; margin-bottom: 1px; } .widget-row.heading { font-size: 1.2em; } .widget-row.value-only { text-align: center; background-color: grey; color: white; font-weight: bold; } .widget-row.value-only.white { background-color: #f9f9f9; } .widget-row.value-only.black { background-color: #f9f9f9; color: black; } .widget-row.Democratic { background-color: #003388; color: white; font-weight: bold; } .widget-row.Republican { background-color: red; color: white; font-weight: bold; } .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { background-color: grey; color: white; font-weight: bold; } .widget-row.Libertarian { background-color: #f9d334; color: black; font-weight: bold; } .widget-row.Green { background-color: green; color: white; font-weight: bold; } .widget-key { width: 43%; display: inline-block; padding-left: 10px; vertical-align: top; font-weight: bold; } .widget-value { width: 57%; float: right; display: inline-block; padding-left: 10px; word-wrap: break-word; } .widget-img { width: 150px; display: block; margin: auto; } .clearfix { clear: both; }

David M. Ebel is a federal judge on senior status with the United States Court of Appeals for the 10th Circuit. He joined the court in 1987 after being nominated by President Ronald Reagan.

Early life and education

Born in Wichita, Kansas, Ebel earned his B.A. from Northwestern University in 1962 and his J.D. in 1965 from the University of Michigan Law School.

Professional career

• 1992-1994: Senior lecturing fellow, Duke University Law School
• 1987-1989: Adjunct professor, University of Denver Law School
• 1966-1988: Private practice, Denver, Colo.
• 1965-1966: Law clerk, Hon. Byron White, Supreme Court of the United States

Judicial career

10th Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: David M. Ebel
Court: United States Court of Appeals for the 10th Circuit
Progress
Confirmed 122 days after nomination.
ANominated: December 19, 1987
AABA Rating:
Questionnaire:
AHearing: March 24, 1988
QFRs: (Hover over QFRs to read more)
AReported: April 15, 1988
AConfirmed: April 19, 1988
AVote: Unanimous consent

Ebel was nominated by President Ronald Reagan to a seat on the United States Court of Appeals for the 10th Circuit vacated by Judge William E. Doyle. Hearings on Ebel's nomination were held before the United States Senate Committee on the Judiciary on March 24, 1988, and his nomination was reported by Sen. Robert Byrd (D-W. Va.) on behalf of then-U.S. Sen. Joseph Biden (D-Del.) on April 15, 1988. Ebel was confirmed on the unanimous consent of the U.S. Senate on April 19, 1988, and he received his commission the next day. Ebel assumed senior status on the court on January 16, 2006. He was succeeded on the court by Judge Neil Gorsuch.

Noteworthy cases

Horse slaughterhouses may reopen prior to resolution of appeal (2013)

See also: United States Court of Appeals for the 10th Circuit (Front Range Equine Rescue, et al v. Vilsack, et al, 13-2187)

On December 13, 2013, Judges Gregory Alan Phillips and David Ebel of the Tenth Circuit denied an emergency motion filed by animal rights groups for an injunction seeking to halt horse slaughterhouses from resuming operations for the first time since 2007. Plaintiffs requested a stay on those activities pending final resolution of their appeal, but "failed to meet their burden," according to the judges' decision. In the underlying case, animal rights groups sought to prevent the slaughter of horses in New Mexico, Missouri, and Iowa, claiming that the U.S. Department of Agriculture issued inspection permits to three slaughterhouses, but failed to prepare various documents essential to determining the environmental impact of their intended operations, in violation of the National Environmental Policy Act. Chief Judge Christina Armijo of the United States District Court for the District of New Mexico temporarily enjoined the slaughter of horses while considering the case, but later dismissed the proceedings with prejudice. The plaintiff animal rights groups appealed to the Tenth Circuit, and on November 5, 2013, the appeals court issued a temporary stay of Judge Armijo's decision pending further review. About one month later, Judges Phillips and Ebel lifted that stay, citing the plaintiffs' likelihood of success in the final resolution of their appeal, making way for horse slaughterhouses to begin operations.

Court sides with Abercrombie in religious discrimination case (2013)

See also: United States Court of Appeals for the 10th Circuit (Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 11-5110)

On October 1, 2013, the Tenth Circuit vacated a trial court summary judgment ruling in a suit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a would-be Muslim employee after the clothing store Abercrombie & Fitch (A&F) declined to hire her because she wore a headscarf. Judge Jerome Holmes wrote for the majority, joined by Judge Paul Kelly. Judge David Ebel wrote separately, concurring in part and dissenting in part. In the underlying case, the plaintiff, Samantha Elauf, interviewed for a job at A&F while wearing a religious headscarf, but did not specifically inform her interviewer that she wore it for a religious purpose; the interviewer merely assumed that it was worn for a religious purpose. Ultimately, Elauf was not hired because her headscarf violated A&F's dress code. In the ruling, Holmes noted that the trial court's decision was erroneous -- there can be no religious discrimination without notification of the need for a religious accommodation. Here, because Elauf failed to tell her interviewer that she would need an accommodation for her religious headscarf, the EEOC would not have been unable to conclusively establish that A&F had actual notice of her religious needs. In his separate opinion, Ebel agreed that the trial court's decision was incorrect, but argued that the question of discrimination should have been sent to a jury.

See also

• United States Court of Appeals for the 10th Circuit

External links

• Judge Ebel's biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by: William E. Doyle	Tenth Circuit Court of Appeals 1988–2006	Succeeded by: Neil Gorsuch