Paul Watford

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Paul Watford
Image of Paul Watford

Nonpartisan

Prior offices
United States Court of Appeals for the 9th Circuit
Successor: Ana I. de Alba

Education

Bachelor's

University of California, Berkeley, 1989

Law

University of California, Los Angeles School of Law, 1994

Personal
Birthplace
Garden Grove, Calif.

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Paul Watford was a federal judge for the United States Court of Appeals for the 9th Circuit. He joined the court in 2012 after an appointment from Barack Obama. At the time of his appointment, he was an appellate litigation partner at the law firm of Munger, Tolles & Olson LLP in Los Angeles, California.[1][2] Watford resigned from the circuit court on May 31, 2023.[3][4]

Early life and education

Born in Garden Grove, California, Watford received his B.A. from the University of California, Berkeley in 1989, and his J.D. from the University of California at Los Angeles School of Law in 1994.[5]

Professional career

Below is a summary of Watford's professional career:[5]

Judicial career

Possible Joe Biden nominee to the U.S. Supreme Court

On January 27, 2022, United States Supreme Court Justice Stephen Breyer officially announced he would retire at the start of the court's summer recess, which typically took place in late June or early July.[6][7] NBC News had previously reported the retirement on January 26.[8] On February 15, Biden announced he would nominate Ketanji Brown Jackson.[9]

President Joe Biden (D) did not announce a list of nominees he was considering. During the retirement announcement, Biden said that: "The person I will nominate will be someone of extraordinary qualifications, character, experience and integrity. And that person will be the first Black woman ever nominated to the United States Supreme Court."[10]

Watford was mentioned by two or more media outlets as a possible nominee to fill Breyer's seat on the court.[11][12] Click here to read more about the vacancy and nomination process.

Possible 2016 SCOTUS nominee

See also: Process to fill the vacated seat of Justice Antonin Scalia

Prior to President Barack Obama's nomination of Merrick Garland, Watford was mentioned as a possible nominee to replace former United States Supreme Court Justice Antonin Scalia, who died on February 13, 2016.[13]

Interview

On March 9, 2016, National Public Radio reported Watford was interviewed by President Barack Obama as a candidate to succeed deceased Justice Antonin Scalia on the United States Supreme Court.[14]

Finalist

On March 12, 2016, The Washington Post reported, per sources, that Watford was one of three finalists for President Obama's nomination to succeed deceased Justice Antonin Scalia on the United States Supreme Court. According to the Post's report, "Obama said this week that he wanted to make a decision quickly, and his announcement could come as early as next week."[15]

On March 16, 2016, President Barack Obama nominated Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to succeed Justice Antonin Scalia on the Supreme Court of the United States.[16][17]

Ninth Circuit

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Paul J. Watford
Court: Ninth Circuit
Progress
Confirmed 217 days after nomination.
ApprovedANominated: October 17, 2011
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: December 13, 2011
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 2, 2012 
ApprovedAConfirmed: May 21, 2012
ApprovedAVote: 61-34

On October 17, 2011, Watford was nominated by President Obama to serve as a federal judge for the United States Court of Appeals for the 9th Circuit. He was nominated to fill the seat vacated by Pamela Ann Rymer.[1] The American Bar Association rated Watford Unanimously Well Qualified for the nomination.[18][19]

President Obama commented on the nomination, stating:[5]

“

Paul J. Watford has displayed exceptional dedication to the legal profession through his work and I am honored to nominate him to serve the American people as a judge on the United States Court of Appeals. He will be a diligent, judicious and esteemed addition to the Ninth Circuit bench.[20]

”

Hearing on Watford's nomination were held before the United States Senate Committee on the Judiciary on December 13, 2011, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on February 2, 2012. Watford was confirmed on a recorded 61-34 vote of the U.S. Senate on May 21, 2012, and he received his commission on May 22, 2012.[2][21] Watford resigned from the circuit court on May 31, 2023.[2]

Noteworthy cases

SCOTUS vacates Ninth Circuit over judicial standard of review for EEOC subpoenas (2017)
See also: United States Court of Appeals for the 9th Circuit (McLane Company v. EEOC)

On April 3, 2017, the U.S. Supreme Court vacated the judgment of a three-judge panel of the Ninth Circuit Court of Appeals. Judge Paul Watford wrote the opinion of the circuit panel.

After returning from maternity leave, Damiana Ochoa was informed by her employer, the McLane Company, that she could not resume her position at the company until she passed a test of her physical capabilities, which Ochoa alleged was a company requirement. She failed the test three times and was fired. The Equal Employment Opportunity Commission (EEOC) investigated Ochoa's gender discrimination allegations. McLane Company provided some, but not all, employee information to the EEOC. The EEOC sought an administrative subpoena to compel McLane to provide the withheld information, but the district court refused to enforce a portion of the subpoena on two categories of information. The EEOC appealed to the Ninth Circuit for the excluded information. The Ninth Circuit reviewed the request de novo, opting not to show deference to the district court's decision on the EEOC subpoena. McLane alleged that the Ninth Circuit's de novo review of the district court's decision is not the appropriate standard for a decision on an EEOC adminstrative subpoena request. Judge Paul Watford, writing for the panel, stated,[22]

“

When an employer refuses to comply with the EEOC’s requests for information, as occurred here, the EEOC may issue an administrative subpoena and bring an enforcement action to compel compliance ... The scope of judicial review in such actions is narrow. A court determines only '(1) whether Congress has granted the authority to investigate; (2) whether procedural requirements have been followed; and (3) whether the evidence is relevant and material to the investigation' ... If those conditions are met, the court must enforce the subpoena unless the objecting party shows that the subpoena is overbroad or that compliance would be unduly burdensome.[20]

”

Writing for a seven-justice majority, Justice Sonia Sotomayor vacated the circuit panel's decision, holding that the appropriate standard for an appeals court to review a district court's decision to enforce or reject an EEOC subpoena was to review the decision to see if a district court misused its judicial discretion rather than to review the subpoena request as if the district court issued no judgment on the subpoena at all.[23]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 The White House, "Presidential Nominations Sent to the Senate," October 17, 2011
  2. ↑ 2.0 2.1 2.2 Federal Judicial Center, "Biographical directory of federal judges," accessed February 15, 2016
  3. ↑ Reuters, "9th Circuit's Watford, onetime Supreme Court contender, to resign," accessed March 1, 2023
  4. ↑ United States Court of Appeals for the Ninth Circuit, "Chambers of Paul J. Watford U.S. Circuit Judge" accessed March 1, 2023
  5. ↑ 5.0 5.1 5.2 Whitehouse.gov, "President Obama Nominates Paul J. Watford to Serve on the United States Court of Appeals," October 17, 2011
  6. ↑ United States Supreme Court, "Letter to President," January 27, 2022
  7. ↑ YouTube, "President Biden Delivers Remarks on the Retirement of Supreme Court Justice Stephen Breyer," January 27, 2022
  8. ↑ NBC News, "Justice Stephen Breyer to retire from Supreme Court, paving way for Biden appointment," January 26, 2022
  9. ↑ White House, "President Biden Nominates Judge Ketanji Brown Jackson to Serve as Associate Justice of the U.S. Supreme Court," February 25, 2022
  10. ↑ YouTube, "President Biden Delivers Remarks on the Retirement of Supreme Court Justice Stephen Breyer," January 27, 2022
  11. ↑ Vox, "Who is on Biden’s shortlist to replace retiring Justice Breyer?" January 26, 2022
  12. ↑ Fox News, "Who could replace Supreme Court Justice Stephen Breyer?" January 26, 2022
  13. ↑ San Antonio-Express News, "Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch," accessed February 13, 2016
  14. ↑ National Public Radio, "President Obama meets with Supreme Court candidates," March 9, 2016
  15. ↑ The Washington Post, "President Obama reportedly is down to three finalists for Supreme Court vacancy," March 12, 2016
  16. ↑ ABC News, "President Obama to Nominate Merrick Garland for Supreme Court," March 16, 2016
  17. ↑ The White House, "Nomination sent to the Senate," March 16, 2016
  18. ↑ United States Senate Committee on the Judiciary, "Judicial Nomination Materials: 111th Congress," archived January 6, 2011
  19. ↑ American Bar Association, "Ratings of Article III judicial nominees, 112th Congress," accessed July 5, 2016
  20. ↑ 20.0 20.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  21. ↑ United States Congress, "PN 1049 - Paul J. Watford - The Judiciary," accessed July 5, 2016
  22. ↑ U.S. Court of Appeals for the Ninth Circuit, U.S. Equal Employment Opportunity Commission v. McLane Company, Inc., October 27, 2015
  23. ↑ Supreme Court of the United States, McLane Co., Inc. v. Equal Employment Opportunity Commission, decided April 3, 2017

Political offices
Preceded by
- 		United States Court of Appeals for the 9th Circuit
2012-2023		 Succeeded by
Ana I. de Alba



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