David J. Porter (judge)

Porter was born on March 8, 1966, in Kittanning, Pennsylvania.{{Cite web |url=https://www.lawyercentral.com/david-j-porter-interactive-profile--20-563368.html |title=Lawyer Central profile |access-date=April 13, 2018 |archive-date=April 14, 2018 |archive-url=https://web.archive.org/web/20180414091555/https://www.lawyercentral.com/david-j-porter-interactive-profile--20-563368.html |url-status=dead }} After being educated at Millersville University of Pennsylvania, he earned his Bachelor of Arts from Grove City College in 1988 and his Juris Doctor from the George Mason University School of Law (now Antonin Scalia Law School) in 1992, where he served as an articles editor of the George Mason Law Review.{{cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-twelfth-wave-judicial-nominees-twelfth-wave-united-states-attorneys-sixth-wave-united-states-marshals/ |title=President Donald J. Trump Announces Twelfth Wave of Judicial Nominees, Twelfth Wave of United States Attorneys, and Sixth Wave of United States Marshals |date=April 10, 2018 |via=National Archives |work=whitehouse.gov |access-date=April 10, 2018 }} {{PD-notice}}

After graduating from law school, Porter served as a law clerk to Judge D. Brooks Smith of the U.S. District Court for the Western District of Pennsylvania from 1992 to 1994. He then joined the law firm Buchanan, Ingersoll & Rooney in Pittsburgh, where practiced in the fields of regulatory law, constitutional law, and commercial litigation.{{cite web |url=http://www.bipc.com/david-porter |title=David J. Porter bio |website=Buchanan, Ingersoll & Rooney |access-date=April 10, 2018 |archive-date=April 11, 2018 |archive-url=https://web.archive.org/web/20180411174435/http://www.bipc.com/david-porter |url-status=dead }}

From 1989 to 1992 he was a member of the Federalist Society; he rejoined in 1995 and has since been President of the Pittsburgh chapter.{{Cite web |url=https://www.judiciary.senate.gov/imo/media/doc/Porter%20SJQ.pdf |title=Questionnaire for Judicial Nominees |website=judiciary.senate.gov |access-date=2018-06-30}}

In 2014 David J. Porter's name was discussed to be included to the White House as part of a package of judicial nominees between senators Bob Casey (D) and Pat Toomey (R).{{Cite web|url=https://www.huffpost.com/entry/obama-judicial-nominee-david-porter_n_5042326|title = Pennsylvania Progressives Race to Stave off Potential Tea Party Obama Nominee|date = 27 March 2014}} This was due to a tradition in Pennsylvania that divides judicial nominations on a 3-to-1 ratio when the state's two U.S. senators are of the opposite party. This would allow the White House appointing one judge of the opposing party for three of their own party. Progressives in Pennsylvania scrambled to derail the deal because of David Porter's opposition to abortion, gay marriage and gun control.{{Cite web|url=https://sign.moveon.org/petitions/president-obama-dont-20|title=President Obama: Don't nominate David J. Porter to the Western Pennsylvania District Court in Pit}} As a result, his name was removed as part of a deal that would have resulted in him being nominated to the U.S. District Court for the Western District of Pennsylvania.

On April 10, 2018, President Donald Trump announced his intent to nominate Porter to serve as a United States Circuit Judge of the United States Court of Appeals for the Third Circuit. Senator Bob Casey Jr. immediately indicated his opposition to Porter's nomination, while Senator Pat Toomey voiced his support.{{cite web |url=http://www.post-gazette.com/news/politics-nation/2018/04/10/Pittsburgh-attorney-David-Porter-Trump-circuit-court-nomination/stories/201804090137 |title=Trump nominates Pittsburgh attorney to U.S. Circuit Court |last=Mauriello |first=Tracie |date=April 10, 2018 |website=Pittsburgh Post-Gazette |access-date=April 10, 2018 }}{{cite web |url=http://www.post-gazette.com/news/politics-nation/2018/04/10/David-Porter-Buchanan-Ingersoll-Rooney-Third-Circuit-Trump-nomination-Bob-Casey-Pat-Toomey/stories/201804100112 |title=Pennsylvania senators split over Trump's David Porter nomination |last=Mauriello |first=Tracie |date=April 10, 2018 |website=Pittsburgh Post-Gazette |access-date=April 10, 2018 }} On April 12, 2018, his nomination was sent to the Senate. He was nominated to the seat vacated by Judge D. Michael Fisher, who assumed senior status on February 1, 2017.[https://trumpwhitehouse.archives.gov/presidential-actions/twenty-nine-nominations-sent-senate-today/ "Twenty-Nine Nominations Sent to the Senate Today", The White House, April 12, 2018] On June 6, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[https://www.judiciary.senate.gov/meetings/06/06/2018/nominations United States Senate Committee on the Judiciary: Nominations for June 6, 2018] On July 19, 2018, his nomination was reported out of committee by an 11–10 vote.[https://www.judiciary.senate.gov/imo/media/doc/Results%20of%20Executive%20Business%20Meeting%2007-19-18.pdf Results of Executive Business Meeting – July 19, 2018, Senate Judiciary Committee] On October 11, 2018, the United States Senate confirmed his nomination by a 50–45 vote.{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=115&session=2&vote=00231|title=On the Nomination (Confirmation David James Porter, of Pennsylvania, to be U.S. Circuit Judge for the Third Circuit)|date=October 11, 2018|website=United States Senate|access-date=October 11, 2018|language=en}} He received his judicial commission on October 15, 2018.{{FJC Bio|nid=5373046|inline=yes}}

In May 2020, Porter wrote for the unanimous panel when it found that the University of the Sciences breached its contractual promise of a fair process when it expelled a student accused of campus sexual assault without providing a live hearing or an opportunity to cross examine witnesses.{{Bluebook journal |first=|last=Note|title=Recent Case: Third Circuit Holds Pennsylvania Law Guarantees a “Real, Live, and Adversarial Hearing”|volume=134 |journal=Harv. L. Rev. |page=2590|url=https://harvardlawreview.org/wp-content/uploads/2021/05/134-Harv.-L.-Rev.-2590.pdf|year=2021}}.{{cite court |litigants=Doe v. University of the Sciences |vol=961|reporter=F.3d|opinion=203|court=3d Cir.|date=2020|url=https://scholar.google.com/scholar_case?case=11052116315551934187|accessdate=}}

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• {{FJC Bio|nid=5373046}}
• {{Ballotpedia|David_Porter_(Third_Circuit)|David Porter}}

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Category:1966 births

Category:Living people

Category:20th-century American lawyers

Category:21st-century American lawyers

Category:Antonin Scalia Law School alumni

Category:Grove City College alumni

Category:Judges of the United States Court of Appeals for the Third Circuit

Category:Lawyers from Pittsburgh

Category:Pennsylvania lawyers

Category:Pennsylvania Republicans

Category:People associated with Buchanan Ingersoll & Rooney

Category:People from Kittanning, Pennsylvania

Category:United States court of appeals judges appointed by Donald Trump