Eric Miller (Washington)

Eric D. Miller

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Nonpartisan

United States Court of Appeals for the 9th Circuit

Tenure

2019 - Present

Years in position

5

Education

Bachelor's

Harvard University, 1996

Law

University of Chicago Law School, 1999

Personal

Birthplace

Oak Park, Ill.

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Eric David Miller is a judge on the United States Court of Appeals for the 9th Circuit. He was nominated to the court by President Donald Trump (R) on January 23, 2019, and confirmed by the U.S. Senate on February 26, 2019, by a vote of 53-46. To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 9th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 9th Circuit Court, click here.

At the time of his nomination Miller was a partner in the Seattle, Washington, office of Perkins Coie LLP.

Judicial nominations and appointments

United States Court of Appeals for the 9th Circuit

See also: Federal judges nominated by Donald Trump

Miller was nominated to the United States Court of Appeals for the 9th Circuit by President Donald Trump (R) on January 23, 2019. The U.S. Senate confirmed Miller on February 26, 2019, by a vote of 53-46. He received commission on March 4, 2019. To read more about the federal nomination process, click here.

Nomination Tracker
Nominee Information
Name: Eric Miller
Court: United States Court of Appeals for the 9th Circuit
Progress
Confirmed 228 days after nomination.
ANominated: July 13, 2018
AABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
AHearing: October 24, 2018
QFRs: (Hover over QFRs to read more)
Renom. QFRs: Renom. QFRs
AReported: February 7, 2019
AConfirmed: February 26, 2019
AVote: 53-46

Confirmation vote

The U.S. Senate confirmed Miller on February 26, 2019, on a vote of 53-46. To see a full breakdown of the vote on the official U.S. Senate website, click here.

Eric Miller confirmation vote (February 26, 2019)
Party	Yea	Nay	No vote
Democratic	0	44	1
Republican	53	0	0
Independent	0	2	0
Total	53	46	1

Senate Judiciary Committee hearing

Miller had his hearing before the Senate Judiciary Committee on February 7, 2019. The committee voted to advance Miller's nomination to the full Senate on February 7, 2019.

Nomination

Miller was nominated to replace Judge Richard Tallman, who assumed senior status on March 3, 2018.

The American Bar Association unanimously rated Miller well qualified for the position. To read more about ABA ratings, click here.

Miller was initially nominated to the United States Court of Appeals for the 9th Circuit by President Donald Trump (R) on July 13, 2018. His nomination was returned to the president on January 3, 2019.

Opposition from home-state senators

See also: Blue slip (federal judicial nominations)

Miller was the first circuit court judge confirmed without blue slip approval from senators representing the state of Washington. A blue slip is a piece of paper a home-state senator returns to the Senate Judiciary Committee chair to express support for a federal judicial nominee. Judiciary Committee Chairman Lindsey Graham (R-S.C.) decided not to require blue slip approval for federal judicial nominees to the U.S. circuit courts of appeals.

Sen. Patty Murray (D-Wa.) said on the Senate floor, "Confirming this Ninth Circuit court nominee without the consent or true input of both home state senators, and after a sham hearing, would be a dangerous first for this Senate." Murray referred to Miller's Senate Judiciary Committee hearing on October 24, 2018, which took place during a congressional recess. Two Republican senators attended the meeting. No Democratic senators were present.

Sen. Maria Cantwell (D-Wa.) also spoke on the Senate floor in opposition to the nomination. She criticized the confirmation process, including the October 24 committee hearing. "Confirming Mr. Miller without a full vetting by both Democrats and Republicans is the wrong way to proceed on a lifetime appointment," she said. Cantwell also said she opposed Miller's confirmation because he had "spent much of his career fighting against the interest of tribal governments and tribal sovereignty."

Sen. Majority Leader Mitch McConnell (R-Ky.) supported Miller's nomination, saying, "All in all, his classmates, many of whom have also been his colleagues over the years, say that Mr. Miller is, 'extraordinarily well-qualified' to serve as a federal judge."

Sen. Chuck Grassley (R-Iowa), sent a letter to Murray and Cantwell in 2018, when he was chair of the Senate Judiciary Committee. Grassley wrote, "Miller appears to be a highly qualified and well-regarded nominee. ... I understand that both of you oppose Mr. Miller's nomination, but you have not expressed any substantive reasons for your opposition."

Education

Miller received a bachelor's degree, magna cum laude, from Harvard University in 1996 and a J.D., with highest honors, from the University of Chicago Law School, where he was inducted into the Order of the Coif, in 1999. He also served as a topics and comments editor of the University of Chicago Law Review.

Professional career

• 2019-present: Judge, United States Court of Appeals for the 9th Circuit
• 2014, 2017: Lecturer (part-time), University of Washington School of Law
• 2012-2019: Partner, Perkins Coie LLP in Seattle, Washington
• 2007-2012: Assistant to the solicitor general, Office of the Solicitor General, U.S. Department of Justice
• 2006-2007: Deputy general counsel, Federal Communications Commission
• 2004-2006: Appellate staff, Civil Division, U.S. Department of Justice
• 2003-2004: Attorney-advisor, Office of Legal Counsel, U.S. Department of Justice
• 2001-2003: Appellate staff, Civil Division, U.S. Department of Justice
• 2000-2001: Law clerk to Justice Clarence Thomas of the Supreme Court of the United States
• 1999-2000: Law clerk to the Hon. Laurence H. Silberman of the United States Court of Appeals for the District of Columbia Circuit

Awards

• Attorney General's Distinguished Service Award (2008)

About the court

Ninth Circuit
Court of Appeals
Judgeships
Posts: 29
Judges: 29
Vacancies: 0
Judges
Chief: Mary Murguia
Active judges: Bridget S. Bade, Mark J. Bennett, Daniel Bress, Patrick J. Bumatay, Consuelo Maria Callahan, Morgan Christen, Daniel P. Collins, Roopali Desai, Danielle Forrest, Michelle T. Friedland, Ronald Gould, Sandra Ikuta, Anthony Johnstone, Lucy H. Koh, Kenneth Kiyul Lee, Sal Mendoza Jr., Eric D. Miller, Mary Murguia, Ryan D. Nelson, Jacqueline Nguyen, John B. Owens, Johnnie Rawlinson, Gabriel Sanchez, Milan Smith, Jennifer Sung, Holly Thomas, Lawrence VanDyke, Kim McLane Wardlaw, Ana I. de Alba Senior judges: Carlos Bea, Marsha Berzon, Jay Bybee, William Canby, Richard Clifton, Ferdinand Francis Fernandez, William Fletcher, Susan Graber, Michael Hawkins, Andrew Hurwitz, Andrew Kleinfeld, Margaret McKeown, Diarmuid O'Scannlain, Richard Paez, Mary Schroeder, Barry Silverman, Randy Smith, Richard Tallman, A. Wallace Tashima, Sidney Thomas, Stephen Trott, John Clifford Wallace, Dorothy Wright Nelson

The United States Court of Appeals for the Ninth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

The Ninth Circuit is the largest appellate court with 29 authorized judicial posts. Appeals are heard in the James R. Browning Federal Courthouse in San Francisco, California, the Richard H. Chambers Courthouse in Pasadena, California, the Pioneer Courthouse in Portland, Oregon, and the William K. Nakamura Courthouse in Seattle, Washington.

One judge of the Ninth Circuit went on to serve on the Supreme Court of the United States. Justice Anthony Kennedy was appointed to the Supreme Court in 1988 by President Ronald Reagan (R).

Map of the Ninth Circuit. Click on a district to find out more about it.

The Ninth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the 9th Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Elena Kagan is the circuit justice for the Ninth Circuit.

The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts:

District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Hawaii

District of Idaho District of Montana District of Nevada District of Oregon Eastern District of Washington Western District of Washington

It also has appellate jurisdiction over the following territorial courts:

• United States District Court for the District of Guam
• United States District Court for the Northern Mariana Islands

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

• The president nominates an individual for a judicial seat.
• The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
• The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

• As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

• After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

• If approved, the nominee is voted on by the full Senate.
• If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

• The Senate holds a vote on the candidate.

• If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
• If the Senate does not confirm the nomination, that nominee does not become a judge.

See also

• United States Court of Appeals for the 9th Circuit

External links

Suggest a link

• Search Google News for this topic
• Biography from the Federal Judicial Center
• Eric Miller biography from Perkins Coie LLP
• U.S. Court of Appeals for the Ninth Circuit website
• White House press release nominating Miller

Footnotes

Political offices
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