Eric D. Miller
{{Short description|American judge (born 1975)}}
{{Use mdy dates|date=July 2018}}
{{Infobox officeholder
| name = Eric D. Miller
| image = EDMiller.jpg
| caption = Miller in 2019
| office = Judge of the United States Court of Appeals for the Ninth Circuit
| appointer = Donald Trump
| term_start = March 4, 2019
| term_end =
| predecessor = Richard C. Tallman
| successor =
| birth_name = Eric David Miller
| birth_date = {{birth year and age|1975}}
| birth_place = Oak Park, Illinois, U.S.
| death_date =
| death_place =
| education = Harvard University (BA)
University of Chicago (JD)
| party =
}}
Eric David Miller (born 1975) is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.
Early life and education
Miller was born in Oak Park, Illinois. He studied physics at Harvard University, graduating in 1996 with a Bachelor of Arts, magna cum laude.{{cite news |last1=Lipson |first1=Jafi A. |title=CLUH Elects New Director |url=https://www.thecrimson.com/article/1993/12/18/cluh-elects-new-director-pthe-civil/ |access-date=August 4, 2018 |work=Harvard Crimson |date=December 18, 1993}}{{cite news |last1=Gentile |first1=Olivia F. |title=Would Male Voters Detract From RUS? |url=https://www.thecrimson.com/article/1994/3/21/would-male-voters-detract-from-rus/ |access-date=August 4, 2018 |work=Harvard Crimson |date=March 21, 1994}}{{cite web |url=https://www.perkinscoie.com/en/professionals/eric-d-miller.html |title=Eric D. Miller |website=perkinscoie.com |publisher=Perkins Coie |access-date=July 13, 2018 |archive-url=https://web.archive.org/web/20180714022027/https://www.perkinscoie.com/en/professionals/eric-d-miller.html |archive-date=July 14, 2018 |url-status=dead }} He then attended the University of Chicago Law School, where he served as a topics and comments editor of the University of Chicago Law Review and graduated in 1999 with a Juris Doctor with highest honors and Order of the Coif membership.{{cite news |last1=Gillespie |first1=Becky Beaupre |title=Duty and Tradition The US Solicitor General and His Principal Deputy are Law School Alumni—and They Represent the History and Shared Values Between the Two Institutions |url=https://www.law.uchicago.edu/news/duty-and-tradition |access-date=August 2, 2018 |work=U Chicago Law School News |date=April 2, 2018}}
Career
After law school, Miller served as a law clerk to Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1999 to 2000 and to Justice Clarence Thomas of the U.S. Supreme Court from 2000 to 2001.{{cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-sixteenth-wave-judicial-nominees-sixteenth-wave-united-states-attorney-nominees-eleventh-wave-united-states-marshal-nominees/ |title=President Donald J. Trump Announces Sixteenth Wave of Judicial Nominees, Sixteenth Wave of United States Attorney Nominees, and Eleventh Wave of United States Marshal Nominees |date=July 13, 2018 |via=National Archives |work=whitehouse.gov |access-date=July 13, 2018 }} {{PD-notice}}
Early in his career, Miller served in the Department of Justice as an Attorney-Advisor in the Office of Legal Counsel (2003–2004) and as a member of the Appellate Staff in the Civil Division (2001–2003, 2004–2006). Miller also served as Deputy General Counsel of the Federal Communications Commission (2006–2007) and spent five years (2007–2012) as an Assistant to the Solicitor General in the Office of the Solicitor General within the Department of Justice.{{cite news |last1=Barnes |first1=Robert |title=Justices juggle sympathy, past vote |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/12/06/AR2010120607196.html |access-date=August 2, 2018 |newspaper=Washington Post |date=December 7, 2010}} He received the Attorney General's Distinguished Service Award in 2008 for his work on national security litigation.
Before becoming a judge, Miller was a partner at Perkins Coie from 2012 to 2019 in the firm's Seattle office. In that capacity, he served as the firm-wide chair of Perkins Coie's appellate practice.{{cite news |last1=Pacheco-Flores |first1=Agueda |title=Three Seattle attorneys nominated for federal judgeships, appellate court |url=https://www.seattletimes.com/seattle-news/3-seattle-attorneys-nominated-for-federal-judgeships-appellate-court/ |access-date=August 2, 2018 |work=Seattle Times |date=July 13, 2018}}
Miller also served as a Washington State Special Assistant Attorney General under state Attorney General Bob Ferguson.
Miller is also a part-time lecturer at the University of Washington School of Law. He has argued more than sixty appeals, including sixteen before the Supreme Court of the United States.
Federal judicial service
On July 13, 2018, President Donald Trump announced his intent to nominate Miller to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. On July 19, 2018, his nomination was sent to the Senate. President Trump nominated Miller to the seat vacated by Judge Richard C. Tallman, who assumed senior status on March 3, 2018.[https://trumpwhitehouse.archives.gov/presidential-actions/one-nomination-sent-senate-today-8/ "One Nomination Sent to the Senate Today", White House, July 19, 2018] On October 24, 2018, while the Senate was not in session, a hearing on his nomination was held before the Senate Judiciary Committee with only two Republican Senators present, not the Chair, and no Democrats.[https://www.judiciary.senate.gov/meetings/10/24/2018/nominations United States Senate Committee on the Judiciary: Nominations for October 24, 2018]{{Cite news|url=https://thehill.com/homenews/senate/431717-senate-confirms-trump-court-nominee-despite-missing-two-blue-slips/|title=Senate confirms Trump court pick despite missing two 'blue slips'|date=2019|newspaper=The Hill}}
On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Miller for a federal judgeship.[https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-judicial-nominees/ "President Donald J. Trump Announces Intent to Nominate Judicial Nominees", White House, January 23, 2019] His nomination was sent to the Senate later that day.[https://trumpwhitehouse.archives.gov/presidential-actions/nominations-sent-senate-2/ "Nominations Sent to the Senate", White House, January 23, 2019] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[https://www.judiciary.senate.gov/imo/media/doc/02.07.2019%20Results%20of%20Executive%20Business%20Meeting1.pdf Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee] On February 25, 2019, the Senate invoked cloture on his nomination by a 51–46 vote,{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00028|title=On the Cloture Motion (Motion to Invoke Cloture Re: Eric D. Miller, to be United States Circuit Judge for the Ninth Circuit)|date=February 25, 2019|website=United States Senate|access-date=February 25, 2019|language=en}} and on the following day, voted to confirm him by a 53–46 vote.{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00029|title=On the Nomination (Confirmation: Eric D. Miller, of Washington, to be United States Circuit Judge for the Ninth Circuit)|date=February 26, 2019|website=United States Senate|access-date=February 26, 2019|language=en}} He received his judicial commission on March 4, 2019.{{FJC Bio|nid=6063776|inline=yes}}
His appointment was noteworthy as his home state senators (Patty Murray and Maria Cantwell, of Washington) did not support his nomination and refused to return their blue slips in order to show their objection to it.{{Cite news|url=https://www.washingtonpost.com/politics/2019/02/27/dangerous-first-conservative-judge-installed-after-vetting-by-only-two-senators/|title='Damaging precedent': Conservative federal judge installed without consent of home-state senators|date=2019|newspaper=The Washington Post}} He was the first federal judicial nominee to be so confirmed.
On April 7, 2020, Miller joined an opinion written by Milan Smith ruling that aliens detained for six months or more must be granted bond hearings.{{cite web |title=Plaintiffs-Appellees |url=https://cdn.ca9.uscourts.gov/datastore/opinions/2020/04/07/18-16465.pdf |publisher=US Court of Appeals |access-date=November 14, 2022 |issue=18–16465}}
On August 14, 2020, Miller wrote an opinion joined by Susan P. Graber and Andrew D. Hurwitz holding that an asylum applicant does not have the ability to “relocate” within her home country if she would have to remain in hiding there. The panel also concluded that “women resistant to forced marriage proposals” are a socially distinct group in Cameroonian society and, accordingly, may be able to demonstrate a well-founded fear of persecution based on that protected ground.{{cite web |title=On Petition for Review of an Order of the Board of Immigration Appeals |url=https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/14/17-72829.pdf |publisher=US Court of Appeals |access-date=November 14, 2022 |location=Phoenix, Arizona |date=February 3, 2020}}
On January 15, 2021, Miller joined an opinion authored by Kim McLane Wardlaw holding that a plaintiff can sue a police officer under section 1983 based on a Miranda violation.[https://cdn.ca9.uscourts.gov/datastore/opinions/2021/06/03/18-56414.pdf Civil Rights] The Supreme Court overturned that decision in Vega v. Tekoh with a 6-3 vote on June 23, 2022, with Justice Samuel Alito writing for the majority.[https://www.supremecourt.gov/opinions/21pdf/21-499_gfbh.pdf Supreme Court of the United States] Justice Elena Kagan dissented, joined by Justices Stephen Breyer and Sonia Sotomayor, at one point quoting Miller’s concurrence in the Ninth Circuit’s denial of rehearing en banc, writing, “As one judge below put it: ‘Miranda indisputably creates individual legal rights that are judicially enforceable. (Any prosecutor who doubts this can try to introduce an un-Mirandized confession and then watch what happens.)’”
On November 13, 2023, Miller voted against temporarily blocking Idaho's abortion ban despite its lack of exceptions for medical emergencies. A 7-4 majority voted to temporarily block the ban.{{Cite web|url=https://www.scotusblog.com/wp-content/uploads/2023/11/20231120154722276_2023-11-20-Motion-with-Appendix-copy.pdf|title=UNITED STATES OF AMERICA vs. STATE OF IDAHO|website=SCOTUSBlog|date=November 13, 2023|access-date=February 18, 2024}} On January 5, 2024, the Supreme Court said it would take up the case and dissolved the 9th circuit's temporary injunction.{{Cite magazine|url=https://time.com/6552689/supreme-court-idaho-abortion-ban-pending-hearing/|title=Supreme Court Allows Idaho to Enforce Its Strict Abortion Ban, Even in Medical Emergencies|magazine=Time|date=January 6, 2024|access-date=February 18, 2024}}
Miller was a member of the Federalist Society from 1996 to 1999, 2000–2004 and 2016–2017.[https://www.judiciary.senate.gov/imo/media/doc/Miller%20SJQ.pdf United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Eric David Miller]
See also
References
{{Reflist}}
Selected publications
- {{cite journal |last1=Miller |first1=Eric D. |title=Should Courts Consider 18 USC Section 3501 Sua Sponte? |journal=University of Chicago Law Review |date=1998 |volume=65 |issue=3 |pages=1029–1058 |doi=10.2307/1600306 |jstor=1600306 |url=https://chicagounbound.uchicago.edu/uclrev/vol65/iss3/9|url-access=subscription }}
External links
- {{FJC Bio|nid=6063776}}
- {{Ballotpedia|Eric_Miller_(Washington)|Eric Miller}}
- [https://www.oyez.org/advocates/eric_d_miller Appearances at the U.S. Supreme Court] from the Oyez Project
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{{United States courts of appeals judges}}
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Category:20th-century American lawyers
Category:21st-century American lawyers
Category:Federal Communications Commission personnel
Category:Harvard College alumni
Category:Judges of the United States Court of Appeals for the Ninth Circuit
Category:Law clerks of the Supreme Court of the United States
Category:People from Oak Park, Illinois
Category:United States court of appeals judges appointed by Donald Trump
Category:United States Department of Justice lawyers
Category:University of Chicago Law School alumni
Category:University of Washington School of Law faculty