Patricia Millett

Patricia Millett is a prominent American jurist serving as a United States circuit judge on the influential United States Court of Appeals for the District of Columbia Circuit. Appointed by President Barack Obama and confirmed by the United States Senate in 2013, she is recognized for her extensive experience in appellate litigation, having argued numerous cases before the Supreme Court of the United States during her prior legal career. Her tenure on the D.C. Circuit has been marked by a reputation for rigorous legal analysis and a commitment to judicial craftsmanship, contributing to rulings on significant matters of administrative law, national security, and constitutional law.

Early life and education

Born in Portland, Maine, she demonstrated academic prowess from an early age. She pursued her undergraduate studies at the Georgetown University School of Foreign Service, earning a Bachelor of Science in Foreign Service. Her legal education was completed at Harvard Law School, where she served as an editor for the prestigious Harvard Law Review. This foundational period at two of the nation's leading institutions equipped her with a deep understanding of international relations and legal theory, which would later inform her professional work in both private practice and public service.

Legal career

Following her graduation, she began her legal career as a law clerk for Judge Thomas Reavley of the United States Court of Appeals for the Fifth Circuit. She then entered private practice at the international firm Miller & Chevalier before joining the United States Department of Justice. At the DOJ, she served as an Assistant to the Solicitor General, representing the federal government in high-stakes litigation before the Supreme Court of the United States. During this period, she argued 32 cases before the High Court and briefed many others, earning a reputation as a formidable appellate advocate. She later became a partner at the firm Akin Gump Strauss Hauer & Feld, where she co-headed the national appellate practice and continued to handle complex litigation involving federal statutes, securities law, and First Amendment issues.

D.C. Circuit nomination and confirmation

In June 2013, President Barack Obama nominated her to fill a vacancy on the United States Court of Appeals for the D.C. Circuit created by Judge David S. Tatel assuming senior status. Her nomination was part of a contentious political battle, as the D.C. Circuit is often considered the second most powerful court in the nation. Despite strong support from the American Bar Association and legal scholars, her confirmation was delayed by Senate filibuster threats. Following a historic change to Senate rules—the so-called "nuclear option" to eliminate the filibuster for most executive and judicial nominees—she was confirmed by a vote of 56–38 in December 2013, receiving support from three Republican senators.

Tenure on the D.C. Circuit

Since taking her seat on the bench, she has participated in a wide array of cases central to American governance. The D.C. Circuit's docket is unique for its heavy concentration on challenges to actions by federal agencies, regulatory commissions, and the Executive Branch. Her judicial service has involved reviewing orders from entities like the Federal Communications Commission, the Environmental Protection Agency, and the Federal Energy Regulatory Commission. She has also sat on panels hearing significant cases concerning separation of powers, detainee policy, and congressional oversight. Her approach is frequently characterized by colleagues and observers as meticulous and principled, emphasizing statutory text and adherence to precedent.

Notable opinions and jurisprudence

She has authored several influential opinions that reflect her judicial philosophy. In *American Hospital Association v. Azar*, she wrote for a unanimous panel upholding a major Medicare payment rule, demonstrating deference to agency expertise within the bounds of the Administrative Procedure Act. In the national security realm, she concurred in the denial of rehearing en banc in *Hasan v. Trump*, a case involving detainee transfers from Guantanamo Bay, highlighting the complex interplay between executive authority and statutory constraints. Her separate writings, including concurrences and dissents, often provide detailed analysis on issues of statutory interpretation and the limits of judicial power, contributing to the court's robust dialogue on foundational legal principles.