Patrick Bumatay – Nominee to the U.S. Court of Appeals for the Ninth Circuit

Patrick Bumatay was originally nominated last year, amidst much self-congratulatory fanfare, for the Ninth Circuit, with many noting that Bumatay, if confirmed, would be the first openly LGBT circuit judge on the territorial courts of appeals.  However, the opposition of California’s Democratic Senators downgraded Bumatay’s nomination to the district court level.  However, with his nomination still stalled, the White House has tapped Bumatay again for the Ninth Circuit.

Background

Patrick Joseph Bumatay was born on February 14, 1978.  As a college student, Bumatay interned for the consulting company run by Kellyanne Fitzpatrick (now Kellyanne Conway, counselor to the President).  Bumatay attended Yale University and then Harvard Law School.  He then clerked for Judge Sandra Townes on the U.S. District Court for the Eastern District of New York and for Judge Timothy Tymkovich on the U.S. Court of Appeals for the Tenth Circuit.

After his clerkships, Bumatay joined Morvillo Abramowitz Grand Iason Anello & Bohrer P.C. in New York.  In 2012, Bumatay moved to San Diego to join the U.S. Attorney’s Office for the Southern District of California, where he still works.  However, since 2017, Bumatay has been on detail with the Department of Justice, working in the Attorney General’s office.

History of the Seat

Bumatay has been nominated to the U.S. Court of Appeals for the Ninth Circuit to fill a seat being vacated by Judge Carlos Bea.  Bumatay was previously nominated for a seat on the U.S. Court of Appeals for the Ninth Circuit vacated by Judge Alex Kozinski on October 10, 2018.  However, due to the opposition of California Senators Dianne Feinstein and Kamala Harris, Bumatay was renominated to the U.S. District Court for the Southern District of California, to a seat vacated on September 30, 2016, by Judge Marilyn Huff’s move to senior status.  Instead, President Trump nominated Dan Bress, a D.C. based attorney, to the Kozinski seat (Bress was subsequently confirmed).  However, Bumatay’s nomination to the District Court didn’t move either, potentially because of blue slip issues.  Instead, he was once again tapped for the Ninth Circuit.

Legal Experience

Bumatay has spent his career in two primary positions, at the firm of Morvillo Abramowitz Grand Iason Anello & Bohrer P.C. and at the U.S. Attorney’s Office in the Southern District of California.  In the former position, Bumatay worked on both regulatory and litigation matters, including representing the asset management firm GAMCO in defending against a suit filed by account holders who lost money through GAMCO’s investment in Bernie Madoff’s Ponzi scheme.[1] 

As a federal prosecutor, Bumatay tried eight criminal cases to verdict, focusing largely on drug and immigration cases.  For example, Bumatay tried a number of defendants for the maritime drug trafficking of cocaine.[2]  Bumatay also prosecuted Nicholas Zakov for smuggling Mexican citizens into the United States in his trunk (both citizens unfortunately passed away during the journey).[3]

Since 2017, Bumatay has been on detail at the Department of Justice, where he has overseen criminal and civil policy in the Attorney General’s and Deputy Attorney General’s Offices.

Political Activity

While in college, Bumatay was a member of Yale’s Conservative Party.[4]  Notably, Bumatay, as a college student, was sharply critical of affirmative action, mocking proponents by stating:

“…all men are created equal — unless they are Asian or white.”[5]

Later, Bumatay became co-president of the Yale College Republicans, and supported Republican candidates in New Hampshire.[6]  He also defended President Bush’s grades in college, stating:

“Grades that he got from 25 years ago will not reflect how well he can lead the country.”[7]

Bumatay has also donated to the campaigns of Bush in 2003 and Romney in 2011 and 2012.[8]

Overall Assessment

The White House and California’s Democratic Senators have already had some public clashes over the three California Ninth Circuit nominees confirmed so far.  They are similarly clashing over Bumatay.  Nevertheless, at a time when partisanship on judicial nominees has reached an all-time high, it may be sufficient for Republican senators that Bumatay is a Republican nominated by Trump, which should lead to his confirmation.


[1] See Rioseco v. Gamco Asset Mgmt., Inc., No. 15862/10 (N.Y. Super. Ct., Westchester Cty., Comm. Div. Sept. 23, 2011).

[2] See United States v. Valdez-Medina, 15CR0336-JAH (S.D. Cal. Nov. 22, 2016); United States v. Cedeno-Cedeno, 14CR3305-L (S.D. Cal. Aug. 23-30, 2016).

[3] United States v. Zakov, 14CR2363-AJB (S.D. Cal. Sept. 29, 2015).

[4] Hyorim Suh, Yale Profs Debate Affirmative Action With Harvard Teachers, Yale Daily News, Oct. 12, 1999.

[5] See id.

[6] Perry Bacon, Yale Students Hit the Campaign Trail in New Hampshire, Yale Daily News, Oct. 25, 1999.

[7] Brigitte Greenberg, Magazine Publishes Bush’s Alleged Grades, Associated Press, Nov. 10, 1999.

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