Eric D. Miller
Eric D. Miller
|Judge of the United States Court of Appeals for the Ninth Circuit|
|Assumed office |
March 4, 2019
|Appointed by||Donald Trump|
|Preceded by||Richard C. Tallman|
|Born||1975 (age 45–46)|
Oak Park, Illinois, U.S.
|Education||Harvard University (AB)|
University of Chicago (JD)
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 earned his Bachelor of Arts in physics, magna cum laude, from Harvard College in 1996. Miller then attended the University of Chicago Law School, earning a Juris Doctor in 1999 with highest honors. In law school, he was inducted into the Order of the Coif and served as the topics and comments editor of the University of Chicago Law Review.
Upon graduation from law school, Miller served as a law clerk to Judge Laurence Silberman of the United States Court of Appeals for the District of Columbia Circuit and later to Associate Justice Clarence Thomas of the Supreme Court of the United States.
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. 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. 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 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 took senior status on March 3, 2018. On October 24, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.
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. His nomination was sent to the Senate later that day. On February 7, 2019, his nomination was reported out of committee by a 12–10 vote. On February 25, 2019, the Senate invoked cloture on Miller nomination by a vote of 51–46, and on the following day, voted to confirm him by a 53–46 vote. He received his judicial commission on March 4, 2019.
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. He was the first federal judicial nominee to be so confirmed.
- Lipson, Jafi A. (December 18, 1993). "CLUH Elects New Director". Harvard Crimson. Retrieved August 4, 2018.
- Gentile, Olivia F. (March 21, 1994). "Would Male Voters Detract From RUS?". Harvard Crimson. Retrieved August 4, 2018.
- "Eric D. Miller". perkinscoie.com. Perkins Coie. Archived from the original on July 14, 2018. Retrieved July 13, 2018.
- Gillespie, Becky Beaupre (April 2, 2018). "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". U Chicago Law School News. Retrieved August 2, 2018.
- "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". whitehouse.gov. July 13, 2018. Retrieved July 13, 2018 – via National Archives. This article incorporates text from this source, which is in the public domain.
- Barnes, Robert (December 7, 2010). "Justices juggle sympathy, past vote". Washington Post. Retrieved August 2, 2018.
- Pacheco-Flores, Agueda (July 13, 2018). "Three Seattle attorneys nominated for federal judgeships, appellate court". Seattle Times. Retrieved August 2, 2018.
- "One Nomination Sent to the Senate Today", White House, July 19, 2018
- United States Senate Committee on the Judiciary: Nominations for October 24, 2018
- "President Donald J. Trump Announces Intent to Nominate Judicial Nominees", White House, January 23, 2019
- "Nominations Sent to the Senate", White House, January 23, 2019
- Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee
- "On the Cloture Motion (Motion to Invoke Cloture Re: Eric D. Miller, to be United States Circuit Judge for the Ninth Circuit)". United States Senate. February 25, 2019. Retrieved February 25, 2019.
- "On the Nomination (Confirmation: Eric D. Miller, of Washington, to be United States Circuit Judge for the Ninth Circuit)". United States Senate. February 26, 2019. Retrieved February 26, 2019.
- "'Damaging precedent': Conservative federal judge installed without consent of home-state senators". The Washington Post. 2019.
- United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Eric David Miller
- Miller, Eric D. (1998). "Should Courts Consider 18 USC Section 3501 Sua Sponte?". University of Chicago Law Review. 65 (3): 1029–1058. doi:10.2307/1600306. JSTOR 1600306.
- Eric D. Miller at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
- Eric Miller at Ballotpedia
- Appearances at the U.S. Supreme Court from the Oyez Project
Richard C. Tallman
| Judge of the United States Court of Appeals for the Ninth Circuit