Steven Menashi

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Steven Menashi
Image of Steven Menashi

Nonpartisan

United States Court of Appeals for the 2nd Circuit
Tenure

2019 - Present

Years in position

5

Education

Bachelor's

Dartmouth College, 2001

Law

Stanford Law School, 2008

Personal
Birthplace
White Plains, N.Y.

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Steven Menashi is a judge on the United States Court of Appeals for the 2nd Circuit. He was nominated to the court by President Donald Trump (R) on September 9, 2019. The U.S. Senate confirmed Menashi on November 14, 2019, by a vote of 51-41. He received commission the same day.[1][2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 2nd 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 court, click here.

Menashi was a special assistant and associate counsel to President Trump from 2018 to 2019.[3]

Judicial nominations and appointments

United States Court of Appeals for the 2nd Circuit

See also: Federal judges nominated by Donald Trump

On September 9, 2019, President Donald Trump (R) nominated Menashi to a seat on the United States Court of Appeals for the 2nd Circuit. The U.S. Senate confirmed Menashi on November 14, 2019, by a vote of 51-41.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Steven Menashi
Court: United States Court of Appeals for the Second Circuit
Progress
Confirmed 66 days after nomination.
ApprovedANominated: September 9, 2019
ApprovedAABA Rating: Majority well qualified/Minority qualified
Questionnaire: Questionnaire
ApprovedAHearing: September 11, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: November 7, 2019 
ApprovedAConfirmed: November 14, 2019
ApprovedAVote: 51-41


Confirmation vote

The U.S. Senate confirmed Menashi on November 14, 2019, on a vote of 51-41.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Menashi confirmation vote (November 14, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 0 39 6
Ends.png Republican 51 1 1
Grey.png Independent 0 1 1
Total 51 41 8

Opposition from home-state senators

See also: Blue slip (federal judicial nominations)

Senators Kirsten Gillibrand (D) and Chuck Schumer (D) of New York issued a statement opposing Menashi's nomination.[4]

Senate Judiciary Committee

The Senate Judiciary Committee held hearings on Menashi's nomination on September 11, 2019.[5] The committee voted 12-10 on November 7 to advance the nomination to the full Senate.[6]

Opposition from senators during committee hearing

Democratic and Republican senators expressed frustration with Menashi during his hearing before the Senate Judiciary Committee on September 11. Menashi said he could not answer some of the questions about his work in the White House during the Trump administration, citing confidentiality concerns.[7]

In response to questions from Sen. Dianne Feinstein (D-Calif.) on whether Menashi had advised senior policy advisor Stephen Miller, Menashi said, "My role was to provide advice to policy advisers to the president. I did sometimes provide advice on issues, among many issues, on issues related to immigration." Menashi later added, "I can’t, consistent with my duty of confidentiality to the White House, talk about particular, you know, particular instances on which I worked."[8]

Feinstein said of Menashi's answers: "I’ve been on this committee for 26 years, seen a lot of nominees. No one has ever used, 'Well, I’m not authorized to talk about it.'"[8]

Senate Judiciary Chairman Lindsey Graham (R-S.C.) and Sen. John Kennedy (R-La.) expressed disappointment that Menashi did not provide more specifics when answering questions. "Counsel, you’re a really smart guy but I wish you’d be more forthcoming," Kennedy said.[9]

Sen. Mike Lee (R-Utah) supported Menashi, saying, "It is not appropriate to beat up Mr. Menashi on the basis of permission he has not been granted to reveal confidential information."[10] Sen. Josh Hawley (R-Mo.) said Menashi was subjected to "unusually vicious and personal attacks."[7]

Nomination

On August 14, 2019, President Donald Trump (R) announced his intent to nominate Menashi to a seat on the United States Court of Appeals for the 2nd Circuit.[11] The U.S. Senate officially received the nomination September 9.[1]

Menashi was nominated to succeed Judge Dennis Jacobs, who assumed senior status May 31, 2019.[1]

The American Bar Association rated Menashi well qualified by a majority and qualified by a minority.[12] To read more about ABA ratings, click here.

Early life and education

Menashi was born in White Plains, New York, in 1979. He earned his B.A., magna cum laude, from Dartmouth College in 2001. He obtained his J.D., with distinction, from Stanford Law School, where he was inducted into the Order of the Coif, in 2008. During his legal studies, Menashi served as senior articles editor of the Stanford Law Review.[11][3]

Professional career

About the court

Second Circuit
Court of Appeals
US-CourtOfAppeals-2ndCircuit-Seal.png
Judgeships
Posts: 13
Judges: 13
Vacancies: 0
Judges
Chief: Debra Livingston
Active judges: Joseph Bianco, Maria Araujo Kahn, Eunice Lee, Debra Livingston, Raymond Lohier, Steven Menashi, Sarah Ann Leilani Merriam, William Nardini, Alison J. Nathan, Michael H. Park, Myrna Pérez, Beth Robinson, Richard Sullivan

Senior judges:
Jose Cabranes, Guido Calabresi, Susan L. Carney, Denny Chin, Dennis Jacobs, Amalya Kearse, Pierre Leval, Gerard Lynch, Jon Newman, Barrington Parker, Jr., Rosemary Pooler, Reena Raggi, Robert Sack, Chester Straub, John Walker, Richard Wesley


The United States Court of Appeals for the Second 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.

Appeals are heard in the Thurgood Marshall Federal Courthouse in New York City.

Four judges of the Second Circuit went on to serve on the Supreme Court of the United States. John Marshall Harlan II was appointed to the Supreme Court in 1955 by Dwight Eisenhower, Thurgood Marshall was appointed in 1967 by Lyndon Johnson, and Sonia Sotomayor was appointed in 2009 by Barack Obama.

The 2nd 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 2nd Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Ruth Bader Ginsburg is the circuit justice for the 2nd Circuit.

The United States Court of Appeals for the 2nd Circuit's territory comprises the states of Connecticut, New York, and Vermont. The court has appellate jurisdiction over the United States district courts in the following federal judicial districts:

To read opinions published by this court, click here.

Active Article III judges by appointing political party

Below is a display of the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

  • Democrat appointed: 7
  • Republican appointed: 5

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

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Congress.gov, "PN1054 — Steven J. Menashi — The Judiciary," accessed September 11, 2019
  2. ↑ 2.0 2.1 Senate.gov, "Vote Summary," accessed November 14, 2019
  3. ↑ 3.0 3.1 3.2 Senate Judiciary Committee, "Questionnaire for judicial nominees: Steven James Menashi," accessed September 12, 2019
  4. ↑ Kirsten Gillibrand, United States Senator for New York, "Schumer, Gillibrand Denounce Menashi Nomination To New York 2nd Circuit, Cite Long, Disturbing Record," September 11, 2019
  5. ↑ Senate Judiciary Committee, "Nominations," September 11, 2019
  6. ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," November 7, 2019
  7. ↑ 7.0 7.1 PBS News Hour, "Trump judicial nominee frustrates senators from both parties with silence at hearing," September 11, 2019
  8. ↑ 8.0 8.1 Roll Call, "Appeals court nominee won’t answer questions about role in White House immigration policies," September 12, 2019
  9. ↑ Politico, "Republicans and Democrats hammer Trump's judicial nominee," September 11, 2019
  10. ↑ Washington Times, "Democrats use hearing to quiz Trump's judicial nominee on legal advice given to White House," September 11, 2019
  11. ↑ 11.0 11.1 WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees, United States Attorney Nominees, and United States Marshal Nominees," August 14, 2019
  12. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed September 11, 2019

Political offices
Preceded by
- 		United States Court of Appeals for the 2nd Circuit
2019-Present		 Succeeded by
-



New York courts

Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York

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