Brad Garcia

Bradley Nelson Garcia (born 1986)[1] is an American lawyer and official in the United States Department of Justice who is a nominee to serve as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.

Brad Garcia
Personal details
Born
Bradley Nelson Garcia

1986 (age 36–37)
Gaithersburg, Maryland, U.S.
Residence(s)Bethesda, Maryland, U.S.
EducationJohns Hopkins University (BA)
Harvard University (JD)

Early life and education

Garcia earned a bachelor's degree in 2008 in international studies and economics from Johns Hopkins University,[2] where he also was president of the university's chapter of the Pi Kappa Alpha fraternity.[3] Garcia then earned a Juris Doctor degree from Harvard Law School in 2011.[4]

He served as a law clerk for Judge Thomas Griffith of the United States Court of Appeals for the District of Columbia Circuit from 2011 until 2012 then clerked for Associate Justice Elena Kagan of the Supreme Court of the United States from 2012 until 2013.[4]

Professional career

Garcia was a litigator at the law firm of O'Melveny & Myers from 2013 until 2022, where he led appellate litigation with a client list that included Google, Warner Brothers and Ford Motor Company.[5] Garcia was appointed to be partner in late 2020.[6] Garcia argued more than a dozen times before federal and state appeals courts[7] including his first case before the Supreme Court of the United States in 2021, a pro bono immigration case.[8] In February 2022, he joined the United States Department of Justice's Office of Legal Counsel, where he is a deputy assistant attorney general.[4][9][10]

Notable cases
  • In 2019, Garcia was co-counsel for Jason Daniel Sims, who pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Sims was sentenced as an armed career criminal, and he appealed. The Armed Career Criminal Act ("ACCA") imposes a mandatory fifteen-year minimum sentence on a defendant convicted of being a felon in possession of a firearm or ammunition who has three or more previous convictions for violent felonies or serious drug offenses. 18 U.S.C. § 924(e)(1). The district court designated Sims an armed career criminal based on four convictions: two Arkansas residential burglaries and two serious drug offenses. Sims appealed, arguing that his previous Arkansas burglary convictions do not qualify as violent felonies and that he therefore lacks the three or more convictions necessary to qualify as an armed career criminal.[14] [15]
  • In 2022, Garcia was co-counsel for Bel Air Auto Auction, Inc. in their lawsuit against Great Northern Insurance Company. Bel Air's claims stemmed from Great Northern's denial of insurance benefits Bel Air asserts Great Northern owed it to cover business loss Bel Air incurred during the COVID-19 pandemic.[19] [20]

Nomination to court of appeals

On June 15, 2022, President Joe Biden nominated Garcia to serve as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.[4] President Biden nominated Garcia to the seat to be vacated by Judge Judith W. Rogers, who subsequently assumed senior status on September 1, 2022.[21] On July 27, 2022, a hearing on his nomination was held before the Senate Judiciary Committee.[22] During his confirmation hearing, Republican senators questioned him on cases that he was involved with that dealt with gun rights and abortion access.[23] On September 15, 2022, his nomination was reported out of committee by a 12–10 vote.[24][25] On January 3, 2023, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate; he was renominated later the same day.[26] On February 2, 2023, his nomination was reported out of committee by an 11–9 vote.[27] His nomination is pending before the United States Senate. If confirmed, he would be the first Latino to serve as a judge on the D.C. Circuit.[28]

References
  1. "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Archived (PDF) from the original on July 26, 2022. Retrieved July 26, 2022.
  2. "2017 Washington DC Career Conference". PracticePro. Archived from the original on July 26, 2022. Retrieved June 15, 2022.
  3. Cushing, Marie (February 22, 2008). "Wawa, Pike may be forced to relocate - University repeals sophomore housing exemption for fraternity members". The Johns Hopkins News-Letter. Archived from the original on July 26, 2022. Retrieved June 15, 2022.
  4. "President Biden Names Nineteenth Round of Judicial Nominees". The White House. June 15, 2022. Archived from the original on June 15, 2022. Retrieved June 15, 2022.
  5. Rubin, Jordan S. (March 24, 2021). "They've Got Next: Appellate Fresh Face Brad Garcia". Bloomberg Law. Archived from the original on July 26, 2022. Retrieved June 15, 2022.
  6. "Appointments". Washington Post. December 28, 2020. p. A11.
  7. "Latest Biden Nominees Would Be First Latino on DC Circuit, First Women of Color on 5th Circuit". National Law Journal. Archived from the original on 2022-06-15. Retrieved 2022-06-15.
  8. "Docket for 21-297". Supremecourt.gov. Archived from the original on 2022-06-24. Retrieved 2022-06-24.
  9. Scarcella, Mike (February 4, 2022). "Appellate law veteran at O'Melveny leaves for DOJ legal counsel post". Reuters. Archived from the original on June 15, 2022. Retrieved June 15, 2022.
  11. "High Court Vacates Border Wall Case After Construction Halt". Law360.com. Archived from the original on 2021-07-02. Retrieved 2022-06-27.
  12. Rachel Weiner (2022-06-15). "Biden nominee would be first Latino on federal appeals court in D.C." The Washington Post. Washington, D.C. ISSN 0190-8286. OCLC 1330888409. Archived from the original on 2022-06-16. Retrieved 2022-06-15.
  13. "CASEY DOOLEY v. JOHN WETZEL; KEVEN KAUFMAN; RICHARD A. GOSS" (PDF). 2.ca3.uscourts.gov. Archived (PDF) from the original on March 4, 2022. Retrieved July 24, 2022.
  14. "United States v. Sims, 933 F.3d 1009 | Casetext Search + Citator".
  15. "Supreme Court Backs Expansive Burglary Definition in Career-Criminal Case". www.courthousenews.com.
  16. https://thehill.com/homenews/senate/3847743-graham-under-fire-for-voting-for-biden-judicial-nominees/
  17. https://abcnews.go.com/Politics/louisiana-abortion-case-day-supreme-court/story?id=69366374
  18. https://www.npr.org/2019/12/29/791514162/the-louisiana-clinic-at-the-center-of-abortion-case-before-supreme-court
  19. "Bel Air Auto Auction, Inc. V. Great N. Ins. Co., No. 21-1493 | Casetext Search + Citator".
  20. "Bel Air Auto Auction, Incorporated v. Great Northern Insurance Company". www.law360.com.
  21. "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. June 15, 2022. Archived from the original on June 15, 2022. Retrieved June 15, 2022. This article incorporates text from this source, which is in the public domain.
  22. "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. July 26, 2022. Archived from the original on July 26, 2022. Retrieved July 26, 2022.
  23. Wagner, Rose. "Record on gun, abortion cases muddies confirmation waters for DC Circuit pick".
  24. "Results of Executive Business Meeting – September 15, 2022" (PDF). United States Senate Committee on the Judiciary. Retrieved September 15, 2022.
  25. Alder, Madison. "DC, Fifth Circuit Nominees Advanced by Senate Judiciary Panel".
  26. "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. January 3, 2023.
  27. "Results of Executive Business Meeting – February 2, 2023" (PDF). United States Senate Committee on the Judiciary. Retrieved February 2, 2023.
  28. Weiner, Rachel (June 15, 2022). "Biden nominee would be first Latino on federal appeals court in D.C." Washington Post. Archived from the original on June 16, 2022. Retrieved June 15, 2022.


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