Amir Ali (judge)
{{Short description|American judge (born 1985)}}
{{Use mdy dates|date=May 2023}}
{{Infobox judge
| honorific-prefix =
| name = Amir Ali
| honorific-suffix =
| image = United States District Court Judge for the District of Columbia Amir Ali (cropped).jpg
| alt =
| caption =
| office = Judge of the United States District Court for the District of Columbia
| term_start = November 22, 2024
| term_end =
| appointer = Joe Biden
| predecessor = Beryl Howell
| successor =
| birth_name = Amir Hatem Mahdy Ali
| birth_date = {{birth year and age|1985}}
| birth_place = Kingston, Ontario, Canada
| death_date =
| death_place =
| education = University of Waterloo (BSE)
Harvard University (JD)
}}
Amir Hatem Mahdy Ali (born 1985){{Cite web|url=https://www.judiciary.senate.gov/imo/media/doc/ali_sjq.pdf|title=Questionnaire for Judicial Nominees|publisher=United States Senate Committee on the Judiciary|access-date=February 7, 2024}} is a Canadian-American lawyer and academic who is a United States district judge of the United States District Court for the District of Columbia.{{Cite web|title=Fixes Raised to Shine Light on Supreme Court's 'Shadow Docket'|url=https://news.bloomberglaw.com/us-law-week/fixes-raised-to-shine-light-on-supreme-courts-shadow-docket|access-date=2021-03-22|website=news.bloomberglaw.com|language=en}}
Early life and education
Ali was born to Egyptian-Canadian parents in Kingston, Ontario, Canada.{{Cite news |date=2025-03-11 |title=Who is Amir Ali, the judge who ordered Trump to pay USAID bills? |url=https://www.washingtonpost.com/politics/2025/03/11/amir-ali-judge-usaid/ |archive-url=http://web.archive.org/web/20250405135103/https://www.washingtonpost.com/politics/2025/03/11/amir-ali-judge-usaid/ |archive-date=2025-04-05 |access-date=2025-05-16 |work=The Washington Post |language=en}} He received a Bachelor of Software Engineering from the University of Waterloo in Ontario, Canada, in 2008 and a Juris Doctor, magna cum laude, from Harvard Law School in 2011.{{Cite web |date=January 10, 2024 |title=President Biden Names Forty-Fourth Round of Judicial Nominees |url=https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2024/01/10/president-biden-names-forty-fourth-round-of-judicial-nominees/ |access-date=January 10, 2024 |website=The White House}}
Early career
After graduating, Ali served as a law clerk for Judge Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit from 2011 to 2012 and for Justice Marshall Rothstein of the Supreme Court of Canada from 2012 to 2013.{{Cite web|last=School|first=Harvard Law|title=Amir Ali {{!}} Harvard Law School|url=https://hls.harvard.edu/faculty/directory/11772/Ali|access-date=2020-10-13|language=en}} From 2013 to 2017, Ali practiced at the law firm Jenner & Block.[https://www.judiciary.senate.gov/download/jenner-and-block-attorneys-support-for-ali?download=1 Jenner and Block Support Letter sent to Senate Judiciary Committee] He also argued and won a case before the U.S. Supreme Court as a fifth-year associate.{{Cite web|last=Lat|first=David|title=A Biglaw Associate's Big Supreme Court Victory|url=https://abovethelaw.com/2016/04/a-biglaw-associates-big-supreme-court-victory/|access-date=2020-11-25|website=Above the Law|date=19 April 2016 |language=en-US}} From 2021 to 2024, Ali was the executive director of the MacArthur Justice Center,{{Cite web|last=Jagannathan|first=Meera|title='They get a get-out-of-jail-free card': How qualified immunity protects police and other government officials from civil lawsuits|url=https://www.marketwatch.com/story/they-get-a-get-out-of-jail-free-card-why-law-enforcement-and-other-government-officials-are-protected-from-civil-lawsuits-2020-06-24|access-date=2020-12-05|website=MarketWatch|date=June 29, 2020 |language=en-US}}{{Cite web|title=Amir Ali|url=https://www.macarthurjustice.org/team_member/amir-ali/|access-date=2020-11-25|website=MacArthur Justice|language=en-US}} a nonprofit law firm founded by businessman and philanthropist J. Roderick MacArthur. Since 2018, Ali has been a professor at Harvard Law School, where he directs the school's criminal justice appellate clinic. Ali has also been an adjunct professor of litigation and constitutional law at the University of District of Columbia David A. Clarke School of Law and Georgetown University Law Center.{{Cite web |title=The Leadership Conference Supports the Confirmation of Amir Ali |url=https://civilrights.org/resource/the-leadership-conference-supports-the-confirmation-of-amir-ali/ |access-date=2024-02-14 |website=The Leadership Conference on Civil and Human Rights |language=en}}{{Cite web |last=Dequan |date=2024-02-05 |title=Amir Ali – Nominee to the U.S. District Court for the District of Columbia |url=https://vettingroom.org/2024/02/05/amir-ali/ |access-date=2024-02-14 |website=The Vetting Room |language=en}} He served on the Appellate Project's board of directors.{{Cite web|last=Mauro|first=Tony|title='Appellate Project' Aims to Boost Diversity in Specialized Bar|url=https://www.law.com/nationallawjournal/2020/06/24/appellate-project-aims-to-boost-diversity-in-specialized-bar/|access-date=2020-12-05|website=National Law Journal|language=en}}{{Cite web|title=Amir H Ali Bio|url=https://theappellateproject.org/amir-h-ali|access-date=2020-11-25|website=The Appellate Project|language=en-US}}
===Notable cases===
In 2016, Ali argued for the petitioner in Welch v. United States, obtaining an 7–1 majority opinion that the Supreme Court's determination in Johnson v. United States, which found the Residual Clause of the Armed Career Criminal Act was unconstitutionally vague, constituted a substantive rule change and was therefore retroactive.{{cite web |last=Little |first=Rory | url=https://www.scotusblog.com/2016/03/argument-analysis-a-likely-decision-in-favor-of-retroactivity/ | title=Argument analysis: A likely decision in favor of retroactivity? | website=SCOTUSblog | date=March 31, 2016 |access-date=July 24, 2024}}{{cite web |last=Nelson |first=Libby | url=https://www.vox.com/2016/4/18/11450368/supreme-court-sentencing-welch-us | title=Welch v. US: a surprise Supreme Court decision will let some federal prisoners out early | website=Vox | date=April 18, 2016 |access-date=July 24, 2024}}{{cite web |last=Cho |first=Emmy | url=https://hulr.org/fall-2022-1/fighting-for-dignity-and-justice-in-the-nations-highest-courts-a-conversation-with-amir-ali | title=Fighting for Dignity and Justice in the Nation's Highest Courts: A Conversation with Amir Ali | website=Harvard Undergraduate Law Review | date=2023 |access-date=July 24, 2024}}
In 2018, Ali represented Louisiana prisoner Corey Williams before the U.S. Supreme Court in the case of Williams v. Louisiana.{{Cite news|last=Berman|first=Mark|title=He was 16 when Louisiana charged him with murder. Two decades later, he's free.|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/news/post-nation/wp/2018/05/22/he-was-16-when-louisiana-charged-him-with-murder-two-decades-later-hes-free/|access-date=2020-10-13|issn=0190-8286}} Williams had been wrongfully convicted of capital murder in 1998 at the age of 16 and spent over 20 years at Angola Penitentiary. In response to Ali's petition, the district attorney agreed to immediately release Williams.{{Cite web |last=Dequan |date=2024-02-05 |title=Amir Ali – Nominee to the U.S. District Court for the District of Columbia |url=https://vettingroom.org/2024/02/05/amir-ali/ |access-date=2024-02-14 |website=The Vetting Room |language=en}}
In 2019, Ali argued for the petitioner in Garza v. Idaho, and obtained a 6–3 majority opinion from the U.S. Supreme Court establishing that a criminal defendant has the constitutional right to an appeal that has been forfeited by his attorney even if the defendant's plea agreement states that it waives the right to appeal.{{Cite web |last=Dequan |date=2024-02-05 |title=Amir Ali – Nominee to the U.S. District Court for the District of Columbia |url=https://vettingroom.org/2024/02/05/amir-ali/ |access-date=2024-02-14 |website=The Vetting Room |language=en}}{{cite web |last=Lee |first=Evan |url=https://www.scotusblog.com/2018/10/argument-analysis-court-skeptical-that-a-lawyer-may-unilaterally-countermand-clients-instruction-to-file-a-criminal-appeal/ | title=Argument analysis: Court skeptical that a lawyer may unilaterally countermand client's instruction to file a criminal appeal | website=SCOTUSblog | date=October 31, 2018 |access-date=July 24, 2024}}{{cite web |last=Forth |first=Abigail | url=https://www.crimlawpractitioner.org/post/2018/11/18/scotus-update-garza-v-idaho | title=SCOTUS Update: Garza v. Idaho | website=American University Washington College of Law The Criminal Law Practitioner | date=October 18, 2018 |access-date=July 24, 2024}}
In 2022, Ali argued for the petitioner in Thompson v. Clark, and obtained a 6–3 majority opinion by Justice Brett Kavanaugh recognizing a federal cause of action against police officers who pursue false charges against someone.{{Cite web |date=2024-01-24 |title=Biden Picks MacArthur Justice Center's Amir Ali for DC District Court Seat |url=https://hls.harvard.edu/clinic-stories/biden-picks-macarthur-justice-centers-amir-ali-for-dc-district-court-seat/ |access-date=2024-02-14 |website=Harvard Law School |language=en-us}}{{cite web |last=Wasserman |first=Howard | url=https://www.scotusblog.com/2021/10/centaurs-jean-valjean-and-a-proposed-three-sentence-ruling-on-the-meaning-of-favorable-termination/ | title=Centaurs, Jean Valjean, and a proposed three-sentence ruling on the meaning of favorable termination | website=SCOTUSblog | date=October 13, 2021 |access-date=July 24, 2024}}{{cite web |last=Poggio |first=Marco | url=https://www.law360.com/articles/1482005/thompson-ruling-will-shore-up-malicious-prosecution-suits | title=Thompson Ruling Will Shore Up Malicious Prosecution Suits | website=Law360 | date=April 8, 2022 |access-date=July 24, 2024}}
Federal judicial service
On January 10, 2024, President Joe Biden announced his intent to nominate Ali to serve as a United States district judge for the United States District Court for the District of Columbia. On February 1, Biden nominated Ali to a seat vacated by Judge Beryl Howell, who assumed senior status.{{Cite press release |title=Nominations Sent to the Senate |date=February 3, 2024 |publisher=The White House |location=Washington, D.C. |url=https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2024/02/03/nominations-sent-to-the-senate-136/}} On February 8, a hearing on his nomination was held before the Senate Judiciary Committee.{{Cite web|title=Nominations|date=February 7, 2024|publisher=United States Senate Committee on the Judiciary|location=Washington, D.C.|url=https://www.judiciary.senate.gov/committee-activity/hearings/02/08/2024/nominations}} During his hearing, Senator Lindsey Graham questioned Ali about his leadership of the MacArthur Center and statements made by the group's previous director, who said in 2020 that advocates for defunding police agencies were part of a "movement toward making police departments obsolete". Ali responded, "I do not believe law enforcement is or should be obsolete, or defunded."{{Cite news|last=Weiss|first=Benjamin S.|title=Senate border skirmish begets breezy hearing for White House court nominees|url=https://www.courthousenews.com/senate-border-skirmish-begets-breezy-hearing-for-white-house-court-nominees/|website=Courthouse News|access-date=February 8, 2024}} On March 7, his nomination was reported out of committee by an 11–10 party-line vote.{{Cite web|url=https://www.judiciary.senate.gov/imo/media/doc/2024-03-07_-_ebm_-_results.pdf|title=Results of Executive Business Meeting – March 7, 2024|publisher=United States Senate Committee on the Judiciary|access-date=March 7, 2024}} On November 20, the United States Senate invoked cloture on his nomination by a 50–48 vote.{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1182/vote_118_2_00290.htm|title=On the Cloture Motion (Motion to Invoke Cloture: Amir H. Ali to be U.S. District Judge for the District of Columbia)|website=United States Senate|date=November 19, 2024|access-date=November 20, 2024}} Later that day, his nomination was confirmed by a 50–49 vote.{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1182/vote_118_2_00291.htm|title=On the Nomination (Confirmation: Amir H. Ali, of the District of Columbia, to be United States District Judge for the District of Columbia)|website=United States Senate|date=November 20, 2024|access-date=November 20, 2024}} He received his judicial commission on November 22, 2024.{{FJC Bio|nid=13761895|inline=yes}} Ali became the first Muslim and Arab American federal judge to serve in D.C.{{Cite web |date=2024-02-08 |title=Durbin Delivers Opening Statement During Latest Judiciary Committee Hearing on Judicial Nominations {{!}} United States Senate Committee on the Judiciary |url=https://www.judiciary.senate.gov/press/releases/durbin-delivers-opening-statement-during-latest-judiciary-committee-hearing-on-judicial-nominations |access-date=2024-02-14 |website=www.judiciary.senate.gov |language=en}}{{Cite web |title=The Leadership Conference Supports the Confirmation of Amir Ali |url=https://civilrights.org/resource/the-leadership-conference-supports-the-confirmation-of-amir-ali/ |access-date=2024-02-14 |website=The Leadership Conference on Civil and Human Rights |language=en}}{{Cite web |title=MacArthur Justice Center Names Amir Ali as Executive Director |url=https://www.macarthurjustice.org/macarthur-justice-center-names-amir-ali-as-executive-director/ |access-date=November 20, 2024 |website=Roderick and Solange MacArthur Justice Center |date=January 25, 2022 |language=en}}
=Notable rulings=
On February 13, 2025, Ali issued a temporary restraining order on Executive Order 14169, which would have ordered cuts in funding for foreign assistance programs governed by USAID and the U.S. Department of State.{{cite web | url=https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/aba-files-legal-challences-against-federal-govt/ | title=ABA wins Temporary Restraining Order in USAID, State Department funding lawsuit | website=ABA | date=February 14, 2025 |access-date=February 17, 2025}}{{cite web |last1=Lubin |first1=Rhian | url=https://www.independent.co.uk/news/world/americas/us-politics/trump-federal-judge-usaid-foreign-aid-b2698085.html | title=Judge orders Trump administration to temporarily lift funding freeze on US foreign aid | website=The Independent | date=February 14, 2025 |access-date=February 17, 2025}} The order issued halted the government from restricting foreign aid and assistance that was already in place before President Donald Trump took office, without fully enjoining the executive order itself.{{cite web |last1=Lebowitz |first1=Megan | url=https://www.nbcnews.com/politics/politics-news/judge-orders-trump-administration-reinstate-foreign-aid-funding-now-rcna192168 | title=Judge orders Trump administration to temporarily reinstate foreign aid funding | website=NBC News | date=February 13, 2025 |access-date=February 17, 2025}} According to Ali, the purpose of suspending parts of the order was to allow for time to review programs for their efficiency and consistency with federal priorities, as no explanation had been provided for the blanket suspension of all congressionally appropriated foreign aid.{{cite web |last1=Cheney |first1=Kyle |last2=Gerstein |first2=Josh | url=https://www.politico.com/news/2025/02/13/foreign-aid-funding-trump-administration-00204289 | title=Judge orders Trump administration to restore funds for foreign aid programs | website=NPR | date=February 13, 2025 |access-date=February 17, 2025}}{{cite web |last1=Singh |first1=Kanishka | url=https://www.reuters.com/legal/judge-orders-us-restore-funds-foreign-aid-programs-politico-reports-2025-02-14/ | title=Judge orders US to restore funds for foreign aid programs | website=Reuters | date=February 14, 2025 |access-date=February 17, 2025}}{{cite web |last1=Quinn |first1=Melissa | url=https://www.cbsnews.com/news/judge-blocks-trump-administration-from-canceling-foreign-aid-awards-in-place-before-his-inauguration/ | title=Judge orders Trump administration to temporarily restore funding for foreign assistance programs | website=CBS News | date=February 13, 2025 |access-date=February 17, 2025}} Ali issued a deadline of February 18 for the Government to inform the court of its "status of compliance".{{cite web |last1=Gharib |first1=Malaka | url=https://www.npr.org/sections/goats-and-soda/2025/02/14/g-s1-48994/usaid-foreign-aid-freeze | title=A judge orders a temporary thaw to Trump's foreign aid freeze. What will that mean? | website=NPR | date=February 14, 2025 |access-date=February 17, 2025}}{{cite web |last=O'Driscoll |first=Sean | url=https://www.newsweek.com/donald-trump-usaid-defunding-president-order-federal-court-challenge-aids-coalition-2031066 | title=Judge Amir Ali, One of Biden's Final Appointments, Thwarts Donald Trump | website=Newsweek | date=February 14, 2025 |access-date=February 17, 2025}} After such payments failed to resume and an appropriate response was not provided, Ali ordered all aid issued before the temporary restraining order to be paid by February 26.{{cite web |last1=Langfitt |first1=Frank | url=https://www.npr.org/sections/goats-and-soda/2025/02/25/g-s1-50701/usaid-freeze-judge | title=Judge tells Trump administration it has less than 2 days to resume USAID funding | website=NPR | date=February 25, 2025 |access-date=February 26, 2025}}{{cite web |last1=Cheney |first1=Kyle |last2=Gerstein |first2=Josh | url=https://www.politico.com/news/2025/02/25/foreign-aid-funding-state-department-022736 | title=Judge warns Trump administration to comply with court order on foreign aid payments | website=Politico | date=February 25, 2025 |access-date=February 26, 2025}} Ali rejected the Trump administration's requests to extend the deadline. The administration appealed Ali's court order to both the D.C. Circuit Court of Appeals and the U.S. Supreme Court, asking for it to be put on hold.{{cite web |last1=Pierson |first1=Brendan | url=https://www.reuters.com/legal/trump-administration-says-it-cannot-meet-court-deadline-foreign-aid-payments-2025-02-26/ | title=Trump administration says it has canceled most foreign aid contracts | website=Reuters | date=February 26, 2025 |access-date=February 26, 2025}}{{cite web |last1=Grumbach |first1=Gary |last2=Hurley |first2=Lawrence |last3=Lebowitz |first3=Megan |last4=Gregorian |first4=Dareh | url=https://www.nbcnews.com/politics/justice-department/justice-department-judges-cant-comply-deadline-usaid-funds-rcna193837 | title=Justice Department tells judges it can't comply with court-ordered deadline to release frozen aid funding | website=NBC News | date=February 26, 2025 |access-date=February 26, 2025}}{{cite web |last1=Charalambous |first1=John |last2=Bruggeman |first2=Lucian | url=https://abcnews.go.com/Politics/federal-judge-rules-trump-administration-pay-millions-foreign/story?id=119173659 | title=Federal judge denies DOJ request to delay Trump admin paying nearly $2B in foreign aid to nonprofits | website=ABC News | date=February 26, 2025 |access-date=February 26, 2024}} The Circuit Court initially rejected the request. The Supreme Court issued a temporary administrative stay, placing Ali's order on hold while it considered the case and allowing Trump's executive order to remain in effect.{{cite web |last1=Schonfield |first1=Zach |last2=Lee |first2=Ella | url=https://thehill.com/regulation/court-battles/5166335-supreme-court-pauses-order-trump-foreign-aid/ | title=Supreme Court briefly pauses order for Trump admin to imminently release foreign aid | website=The Hill | date=February 26, 2025 |access-date=February 26, 2025}}{{cite web |last1=Quinn |first1=Melissa | url=https://www.cbsnews.com/news/trump-administration-supreme-court-foreign-aid-freeze/ | title=Chief justice halts lower court decision ordering Trump administration to pay State Department, USAID contractors | website=CBS News | date=February 26, 2025 |access-date=February 26, 2025}} But on March 5, 2025, the Supreme Court vacated its administrative stay and left Ali's order in effect.{{Cite web |date=March 5, 2025 |title=Department of State v. AIDS Vaccine Advocacy Coalition |url=https://www.supremecourt.gov/opinions/24pdf/24a831_3135.pdf |access-date=2025-05-16 |website=supremecourt.gov}}
On March 6, Judge Ali ruled that USAID must pay for nonprofits' and businesses' completed work by March 10, following instructions by the Supreme Court to further clarify what actions the government must take to provide for the release of funds.{{Cite web |last1=Pierson |first1=Brendan |last2=Kruzel |first2=John |date=2025-03-06 |title=Trump administration must make some foreign aid payments by Monday, judge rules |url=https://www.reuters.com/world/us/us-foreign-aid-contractors-go-judge-after-supreme-court-boost-2025-03-06/ |publisher=Reuters}}{{cite web |last1=Knickmeyer |first1=Ellen |last2=Kunzelman |first2=Michael | url=https://apnews.com/article/usaid-trump-foreign-aid-funding-freeze-02e8ed553e55c79c43fe8811de952d02 | title=Judge orders Trump administration to speed payment of USAID and State Dept. debts | website=The Associated Press | date=March 6, 2025 |access-date=March 20, 2025}}{{cite web |last1=Gerstein |first1=Josh | url=https://www.politico.com/news/2025/03/06/usaid-freeze-trump-ruling-00217156 | title=Judge orders Trump administration to pay some foreign-aid bills by Monday | website=Politico | date=March 6, 2025 |access-date=March 20, 2025}}
References
{{Reflist}}
External links
- {{FJC Bio|nid=13761895}}
- [https://www.oyez.org/advocates/amir_h_ali Appearances at the U.S. Supreme Court] from the Oyez Project
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{{s-ttl|title={{nowrap|Judge of the United States District Court for the District of Columbia}}|years=2024–present}}
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{{United States DC Circuit district judges}}
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Category:21st-century American lawyers
Category:Canadian emigrants to the United States
Category:David A. Clarke School of Law faculty
Category:Georgetown University Law Center faculty
Category:Harvard Law School alumni
Category:Judges of the United States District Court for the District of Columbia
Category:Lawyers from Washington, D.C.
Category:Muslims from Washington, D.C.
Category:People associated with Jenner & Block
Category:People from Kingston, Ontario
Category:United States district court judges appointed by Joe Biden