Perkins Coie's Eric Miller Approved for 9th Circuit, Despite Blue Slip Flap
Miller is the first appeals court nominee to be confirmed without the “blue slip” consent of either home state senator.
February 26, 2019 at 05:58 PM
3 minute read
The original version of this story was published on National Law Journal
Perkins Coie appellate chair Eric Miller won approval Tuesday to a Seattle-based seat on the U.S. Court of Appeals for the Ninth Circuit.
Miller was approved by the U.S. Senate, 53-46, to fill a seat left by Judge Richard Tallman, a Clinton appointee who took senior status in March 2018. Miller is the first appeals court nominee to be confirmed without the “blue slip” consent of either of the two home state senators.
“This is wrong. It is a dangerous road for the Senate to go down,” said Sen. Patty Murray, D-Washington, in remarks on the Senate floor Tuesday. “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.”
Neither Murray, nor fellow Washington Democrat Sen. Maria Cantwell, returned blue slips for Miller.
Miller's confirmation marks another win for conservatives, who have aggressively pushed to confirm judges over Democratic complaints about processing picks. Under the Trump administration, 31 federal appeals court nominees have been confirmed.
It also continues the streak of former Justice Clarence Thomas clerks joining the federal bench under this administration. Miller worked in Thomas' chambers from 2000-2001 and is now the fifth of the justice's former clerks to be appointed to an appeals court by Trump. Other Thomas clerks—including D.C. Circuit nominee Neomi Rao and Fourth Circuit pick Allison Jones Rushing—are currently pending before the Senate.
Miller ascends to the court after a lengthy career as an appellate lawyer. He currently heads Perkins Coie's appellate practice, focusing his work on Supreme Court and appellate litigation. Before that, Miller was an assistant in the U.S. Solicitor General's office from 2007 to 2012.
He's also held posts at the Federal Communications Commission, the Justice Department's Civil Division and Office of Legal Counsel.
The lawyer faced opposition from liberal civil rights organizations and Native American groups, who said he built an appellate practice at Perkins Coie opposing Native American interests.
In his October confirmation hearing, Miller acknowledged “the firm's clients have tended to be adverse to tribes in litigation.” He said his role as an advocate was to defend the client's interests, but as a judge, he would neutrally apply the law and follow precedent.
Trump has so far successfully tapped three people, including Miller, for the Ninth Circuit, a federal appeals court he's long criticized. He's also appointed Mark Bennett and Ryan Nelson to a Honolulu-based seat and an Idaho Falls-based seat on the the Ninth Circuit, respectively.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThese Law Firm Leaders Are Optimistic About 2025, Citing Deal Pipeline, International Business
6 minute read'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readJudicial Appointments After Casey: Observers Wary but Hopeful Bipartisan Spirit Will Continue
Will Khan Resign? FTC Chair Isn't Saying Whether She'll Stick Around After Giving Up Gavel
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250