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Steven Menashi
Judge of the United States Court of Appeals for the Second Circuit
Incumbent
Assumed office
November 14, 2019
Appointed byDonald Trump
Preceded byDennis Jacobs
General Counsel of the United States Department of Education
Acting
In office
May 24, 2017 – April 23, 2018
PresidentDonald Trump
Preceded byJames Cole Jr.
Succeeded byCarlos G. Muñiz
Personal details
Born (1979-01-15) January 15, 1979 (age 45)
White Plains, New York, U.S.[1]
EducationDartmouth College (BA)
Johns Hopkins University
Stanford University (JD)

Steven James Menashi (born January 15, 1979)[2] is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Second Circuit. Prior to his appointment to the court by President Donald Trump, he was an official in the Trump administration.

Early life and education

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Menashi was born in 1979 in White Plains, New York. Menashi's grandparents were Jewish immigrants from Iraq and Ukraine; his maternal grandfather's relatives were murdered in the Holocaust.[3][4]

Menashi graduated from Dartmouth College in 2001 with a Bachelor of Arts magna cum laude. He worked at the Hoover Institution from 2001 to 2004, and concurrently studied at the Johns Hopkins University School of Advanced International Studies.[1] From 2004 to 2005 he was an editorial writer for The New York Sun.[2] He then attended Stanford Law School, where he was an editor of the Stanford Law Review. He graduated in 2008 with a Juris Doctor and was inducted into the Order of the Coif.[5]

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Menashi served as a law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit from 2008 to 2009. From 2009 to 2010, he was at Georgetown University Law Center as an Olin-Searle Fellow, a program offered by the Federalist Society.[1] He then clerked for Justice Samuel Alito of the U.S. Supreme Court from 2010 to 2011.[6]

From 2011 to 2016, Menashi worked in the New York City office of the law firm Kirkland & Ellis, where he became a partner. While at Kirkland & Ellis, Menashi was a Research Fellow at the New York University School of Law and the Opperman Institute for Judicial Administration for three years, from 2013 to 2016.[7]

From 2016 to 2017, Menashi was an assistant professor of law at George Mason University's Antonin Scalia Law School, where he focused on administrative law and civil procedure.[8]

Trump administration

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He took a leave of absence beginning in 2017, to become the Deputy General Counsel for Postsecondary Service at the United States Department of Education, and to serve as General Counsel on an acting basis for that department as of May 24.[9] At the Department of Education, Menashi helped devise a plan by the Department of Education to deny debt relief for thousands of students who were cheated by for-profit colleges. The plan, which used students' private Social Security data, was ruled illegal by a federal judge.[10] His role as acting general counsel ended on April 23, 2018, after Carlos G. Muñiz was confirmed to that position by the U.S. Senate.[11]

In September 2018, Menashi moved to the White House to become a Special Assistant to the President and Associate Counsel to the President.[12]

Federal judicial service

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On August 14, 2019, President Donald Trump announced his intent to nominate Menashi to serve as a United States Circuit Judge of the United States Court of Appeals for the Second Circuit.[8][13][14] On September 9, 2019, his nomination was sent to the Senate. That same day, the American Bar Association rated Menashi as "well qualified," its highest rating.[15] He has been nominated to the seat vacated by Dennis Jacobs, who assumed senior status on May 31, 2019.[16]

On September 11, 2019, a heated hearing on Menashi's nomination was held before the Senate Judiciary Committee.[17] During his hearing, Menashi was criticized by senators from both parties for refusing to answer their questions regarding the legal advice he gave on the Trump administration's immigration policies.[18][19] He was also questioned about an article he had written in the University of Pennsylvania Journal of International Law about ethnonationalism and Israel.[20][failed verification] On November 7, 2019, his nomination was reported out of committee by a 12–10 vote.[21] On November 13, 2019, the United States Senate invoked cloture by a 51–44 vote.[22] On November 14, 2019, his nomination was confirmed by a 51–41 vote.[23] He received his judicial commission on the same day.[24]

Notable cases

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In June 2022, Menashi dissented when the Second Circuit upheld the corporate prosecution of environmental lawyer Steven Donziger.[25][26]

See also

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References

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  1. ^ a b c "Questionnaire for Judicial Nominees: Steven Menashi" (PDF). U.S. Senate Committee on the Judiciary. Retrieved November 7, 2019.
  2. ^ a b Voruganti, Harsh (September 11, 2019). "Steven Menashi – Nominee to the U.S. Court of Appeals for the Second Circuit". The Vetting Room. Retrieved October 18, 2019.
  3. ^ Daly, Matthew (September 11, 2019). "Senators blast Trump judicial nominee for silence at hearing". AP News.
  4. ^ Blitzer, Ronn (September 11, 2019). "Trump court pick whose family fled persecution blasts racism accusation as 'hurtful' during confirmation hearing". Fox News.
  5. ^ Severino, Carrie (September 10, 2019). "Who is Steven Menashi?". National Review. Retrieved September 20, 2019.
  6. ^ Lat, David (April 10, 2010). "Supreme Court Clerk Hiring Watch: Meet Justice Thomas's Clerks". Above the Law. Retrieved August 14, 2019.
  7. ^ "Latest 2nd Circ. Pick Is Trump Aide, Ex-Kirkland Partner". Law 360. August 14, 2019. Retrieved September 20, 2019.
  8. ^ a b Ryan, Tim (August 14, 2019). "Trump Names Picks for Second Circuit, Five Other Courts". Courthouse News. Retrieved August 16, 2019.
  9. ^ Kreighbaum, Andrew (June 1, 2017). "Department of Education Announces More Hires". Inside Higher Ed. Retrieved August 22, 2019.
  10. ^ Green, Erica L. (November 6, 2019). "Appeals Court Nominee Shaped DeVos's Illegal Loan Forgiveness Effort". The New York Times. ISSN 0362-4331. Retrieved November 22, 2019.
  11. ^ Crews, Joanna (April 19, 2018). "Carlos Muniz Confirmed as Education Department General Counsel". Executive Gov. Retrieved August 22, 2019.
  12. ^ "President Donald J. Trump Announces Appointments for the Executive Office of the President". whitehouse.gov. September 6, 2018. Retrieved August 22, 2019 – via National Archives.
  13. ^ "President Donald J. Trump Announces Judicial Nominees, United States Attorney Nominees, and United States Marshal Nominees". whitehouse.gov. August 14, 2019. Retrieved August 14, 2019 – via National Archives. Public Domain This article incorporates text from this source, which is in the public domain.
  14. ^ Holland, Jake (August 14, 2019). "Trump to Tap White House Aide for N.Y.-Based Appeals Court (2)". Bloomberg Law. Retrieved August 17, 2019.
  15. ^ Hubbard, William C. (September 9, 2019). "ABA Chair rating letter to Graham and Feinstein re nomination of Steven J. Menashi to the United States Court of Appeals for the Second Circuit" (PDF). Ethics and Public Policy Center.
  16. ^ "Seventeen Nominations and Two Withdrawals Sent to the Senate". whitehouse.gov – via National Archives.
  17. ^ "Nominations | United States Senate Committee on the Judiciary". www.judiciary.senate.gov. September 11, 2019.
  18. ^ Zilbermints, Regina (September 11, 2019). "Trump court pick sparks frustration for refusing to answer questions". The Hill. Retrieved September 12, 2019.
  19. ^ Levine, Marianne (September 11, 2019). "Republicans and Democrats hammer Trump's judicial nominee". Politico. Retrieved September 12, 2019.
  20. ^ Kaczynski, Andrew (September 12, 2019). "Trump court nominee says he regrets if past writings were 'overheated or extreme'". CNN. Retrieved September 13, 2019.
  21. ^ "Results of Executive Business – November 7, 2019" (PDF). Senate Judiciary Committee.
  22. ^ "On the Cloture Motion (Motion to Invoke Cloture: Steven J. Menashi to be U.S. Circuit Judge for the Second Circuit)". United States Senate. November 13, 2019. Retrieved November 13, 2019.
  23. ^ "On the Nomination (Confirmation Steven J. Menashi, of New York, to be U.S. Circuit Judge for the Second Circuit)". United States Senate. November 14, 2019. Retrieved November 14, 2019.
  24. ^ Steven Menashi at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  25. ^ "Chevron adversary Steven Donziger appeals conviction to U.S. Supreme Court". Reuters. September 20, 2022. Retrieved May 11, 2023.
  26. ^ "United States v. Donziger, No. 21-2486 (2d Cir. 2022)". Justia. June 22, 2022. Retrieved May 11, 2023.
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Legal offices
Preceded by Judge of the United States Court of Appeals for the Second Circuit
2019–present 		Incumbent
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