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Alison Julie Nathan (born June 18, 1972) is an American lawyer who has served as a
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
since 2022. She served as a United States district judge of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York ...
from 2011 to 2022. She previously served as associate White House counsel for President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
.


Early life and education

Born on June 18, 1972, in
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
, Nathan was raised in northwest suburban Philadelphia. While at university, Nathan studied
philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
and
Japanese Japanese may refer to: * Something from or related to Japan, an island country in East Asia * Japanese language, spoken mainly in Japan * Japanese people, the ethnic group that identifies with Japan through ancestry or culture ** Japanese diaspor ...
. Nathan earned a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
degree in 1994 from
Cornell University Cornell University is a private statutory land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and Andrew Dickson White, Cornell was founded with the intention to teach an ...
and then earned a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
''magna cum laude'' from
Cornell Law School Cornell Law School is the law school of Cornell University, a private Ivy League university in Ithaca, New York. One of the five Ivy League law schools, it offers four law degree programs, JD, LLM, MSLS and JSD, along with several dual-deg ...
in 2000. At Cornell, she was a member of the
Quill and Dagger Quill and Dagger is a senior honor society at Cornell University. It is often recognized as one of the most prominent societies of its type, along with Skull and Bones and Scroll and Key at Yale University. In 1929, ''The New York Times'' stated t ...
society and editor-in-chief of the ''
Cornell Law Review The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Rev ...
''. In a ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
''
obituary An obituary ( obit for short) is an article about a recently deceased person. Newspapers often publish obituaries as news articles. Although obituaries tend to focus on positive aspects of the subject's life, this is not always the case. Ac ...
of Judge
Deborah Batts Deborah Anne Batts (April 13, 1947 – February 3, 2020) was a United States district judge of the United States District Court for the Southern District of New York. During Gay Pride Week in June 1994, Batts was sworn in as a United States distr ...
, Nathan remembered Batts as an inspiration. Nathan also wrote in a tribute to Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
that "When I review work from my law clerks, I will often leave a supportive note like the ones he left me and my co-clerks: 'Nice job. Just a few fly specks.


Career

From 2000 until 2001, Nathan served as a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
Judge
Betty Binns Fletcher Betty Binns Fletcher (March 29, 1923October 22, 2012) was an American lawyer and judge. She served as a United States circuit judge of the San Francisco-based United States Court of Appeals for the Ninth Circuit between 1979 and 2012. Fletcher wa ...
. From 2001 until 2002, Nathan served as a law clerk for Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. From 2002 until 2006, Nathan served as an associate in the New York and Washington, D.C. offices of the law firm
Wilmer Cutler Pickering Hale and Dorr Wilmer Cutler Pickering Hale and Dorr LLP, also known as Hale & Dorr and WilmerHale, is an international law firm with offices in the United States, Europe and Asia. It is co-headquartered in Washington, D.C. and Boston. It was formed in 2004 thr ...
. During the 2004 presidential campaign season, she was
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party (Unite ...
's associate national counsel on the Kerry-Edwards presidential campaign. From 2006 until 2008, Nathan served as a visiting associate professor of law at
Fordham University School of Law Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. In 2013, 91% of the law school's first-time test take ...
. Nathan was also Fritz Alexander fellow at the New York University School of Law from 2008 until 2009. As an Adjunct Professor of Clinical Law at NYU, her academic focus was on "civil procedure, federal courts, habeas, and the constitutionality of the U.S. death penalty system." From 2009 until 2010, Nathan served as
special assistant to the president The Executive Office of the President (EOP) comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government. The EOP consists of several offices and agenci ...
and associate White House counsel in the
Barack Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
. From 2010 until her appointment as a
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
, Nathan worked in the
New York State Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government of ...
's Office as a special counsel to the state's Solicitor General,
Barbara Underwood Barbara Dale Underwood (born August 16, 1944) is an American lawyer currently serving as the Solicitor General of New York. She was first appointed to the position in January 2007 by Andrew Cuomo, who was then serving as the state's Attorney Gen ...
. In 2016, Nathan was a guest judge for
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
's
Ames Moot Court Competition The Ames Moot Court Competition is the annual upper level moot court competition at Harvard Law School. It is designed and administered by the HLS Board of Student Advisers and has been in existence since 1911, when it was founded by a bequest in h ...
.


Federal judicial service


District court service

On March 31, 2011, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
nominated Nathan to a seat on the U.S. District Court for the Southern District of New York to replace Judge Sidney H. Stein, who assumed
senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
in 2010. Obama made the appointment upon the recommendation of Senator
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
. The U.S. Senate confirmed Nathan by a 48–44 vote on October 13, 2011. She received her judicial commission four days later. Nathan is recorded as the second openly gay jurist on the federal bench, after
Deborah Batts Deborah Anne Batts (April 13, 1947 – February 3, 2020) was a United States district judge of the United States District Court for the Southern District of New York. During Gay Pride Week in June 1994, Batts was sworn in as a United States distr ...
. Since her appointment in 2013, Nathan supported changes to the clerkship system under what has been known as the Law Clerk Hiring Plan. While on the federal bench, Nathan has been Adjunct Professor of Clinical Law at the
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New ...
. Her service on the district court terminated on March 31, 2022 when she was elevated to the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
.


Notable cases

In 2014, following the U.S. Supreme Court decision in ''
American Broadcasting Cos., Inc. v. Aereo, Inc. ''American Broadcasting Cos., Inc. v. Aereo, Inc'', 573 U.S. 431 (2014), was a United States Supreme Court case. The Court ruled that the service provided by Aereo, allowing subscribers to view live and time-shifted streams of over-the-air telev ...
'', Nathan entered a
preliminary injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
that blocked Aereo from streaming live TV to devices.
American Broadcasting Cos., Inc. v. Aereo, Inc.
' (S.D.N.Y. October 23, 2014).
In April 2020, Nathan criticized a
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
practice of putting early released inmates into special
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
quarantines which defied inmates' court-approved early release and the law; Nathan said that such policies were "illogical" and "
Kafkaesque Franz Kafka (3 July 1883 – 3 June 1924) was a German-speaking Bohemian novelist and short-story writer, widely regarded as one of the major figures of 20th-century literature. His work fuses elements of realism and the fantastic. It typi ...
". She granted some inmates compassionate release due to the pandemic, allowing them to leave prison early. In 2020 and 2021, Nathan presided over the bail hearings and trial for
Ghislaine Maxwell Ghislaine Noelle Marion Maxwell ( ; born 25 December 1961) is a British convicted sex offender and former socialite. In 2021, she was found guilty of child sex trafficking and other offences in connection with the financier and convicted sex o ...
, who was indicted on federal charges of conspiring and participating with
Jeffrey Epstein Jeffrey Edward Epstein ( ; January 20, 1953August 10, 2019) was an American sex offender and financier. Epstein, who was born and raised in Brooklyn, New York City, began his professional life by teaching at the Dalton School in Manhattan, des ...
in the sexual abuse of minors. Nathan ordered Maxwell detained pending trial, denying Maxwell's four bail applications on the ground that she presented a substantial risk of flight. Nathan's rulings were all upheld by the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
. Maxwell was convicted following a
jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...
on five sex trafficking-related counts, and in June 2022, Nathan sentenced Maxwell to 20 years' imprisonment. In 2020, Nathan issued an unusual decision strongly criticizing the U.S. attorney's office in Manhattan, and its leadership, for their handling of the high-profile case of
Ali Sadr Hasheminejad Ali Sadr Hashemi Nejad also known as Ali Sadr, is an American businessman. In 2018, he fought federal charges brought against him for allegedly violating the U.S. sanctions against Iran in connection to a construction project of low-income hous ...
. Sadr, a businessman, had been convicted of evading U.S.
sanctions against Iran There have been a number of sanctions against Iran imposed by a number of countries, especially the United States, and international entities. Iran was the most sanctioned country in the world until it was surpassed by Russia following its inva ...
, but the charges were dismissed after prosecutors admitted that the government had failed to make required ''Brady'' disclosures of evidence to the defendant and had made misrepresentations to the court. The prosecutor's office said that prosecutors had not "acted in bad faith or intentionally withheld exculpatory information". Nathan wrote, "The manifold problems that have arisen throughout this prosecution — and that may well have gone undetected in countless others — cry out for a coordinated, systemic response from the highest levels of leadership within the United States attorney's office for the Southern District of New York." In 2021, Nathan presided over a
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
regarding the ownership of the ''
Guennol Stargazer The ''Guennol Stargazer'' is a nine-inch, 6,000-year-old marble idol. Subject matter The statue depicts a nude human figure, referred to as a "stargazer" as the figure appears to look upward. Approximately fifteen intact stargazer statues exist, ...
'', a rare
idol Idol or Idols may refer to: Religion and philosophy * Cult image, a neutral term for a man-made object that is worshipped or venerated for the deity, spirit or demon that it embodies or represents * Murti, a point of focus for devotion or medit ...
dating between 4800 and 4100 BCE that likely originated in what is now Turkey's
Manisa Province Manisa Province ( tr, ) is a province in western Turkey. Its neighboring provinces are İzmir to the west, Aydın to the south, Denizli to the southeast, Uşak to the east, Kütahya to the northeast, and Balıkesir to the north. The city of Ma ...
. The Turkish government sued the auction house
Christie's Christie's is a British auction house founded in 1766 by James Christie (auctioneer), James Christie. Its main premises are on King Street, St James's in London, at Rockefeller Center in New York City and at Alexandra House in Hong Kong. It is ...
and the idol's owner,
Michael Steinhardt Michael H. Steinhardt (born December 7, 1940) is an American billionaire hedge fund manager, philanthropist, and former antiquities collector. In 1967, he founded a hedge fund, Steinhardt Partners which he ran until he closed it in 1995. After a ...
, alleging that the planned sale of the ancient
marble Marble is a metamorphic rock composed of recrystallized carbonate minerals, most commonly calcite or Dolomite (mineral), dolomite. Marble is typically not Foliation (geology), foliated (layered), although there are exceptions. In geology, the ...
artifact violated a 1906 Ottoman decree. Nathan rejected Turkey's claim, finding that there was insufficient evidence to show the artifact, which had been exhibited in the
Metropolitan Museum of Art The Metropolitan Museum of Art of New York City, colloquially "the Met", is the largest art museum in the Americas. Its permanent collection contains over two million works, divided among 17 curatorial departments. The main building at 1000 ...
for decades, had been excavated after 1906. Nathan also held that Turkey's claim was in any case barred by laches, since it had waited too long to pursue its claim.


Court of appeals service

In 2021, Senator
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
recommended Nathan to President Joe Biden for a vacancy on the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
. On November 17, 2021, Biden announced his intent to nominate Nathan to fill the vacancy; her nomination was sent to the Senate the following day. Biden nominated Nathan to the seat being vacated by Judge
Rosemary S. Pooler Rosemary S. Pooler (born June 21, 1938) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. Early life Pooler was born in New York City, New York. She earned a Bachelor of Arts degree from Bro ...
, who will assume
senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
upon confirmation of her successor. PN1424 — Alison J. Nathan — The Judiciary
117th Congress (2021-2022), Congress.gov.
On December 15, 2021, a hearing on her nomination was held before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
. During her confirmation hearing, Republican senators criticized her decision to grant some prison inmates early release during the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
and her prior writings (as a law professor and attorney in private practice) in opposition to the death penalty. On January 3, 2022, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
; she was later renominated the same day. On January 20, 2022, her nomination was reported out of committee by a 13–9 vote. On March 17, 2022, the Senate invoked cloture on her nomination by a 51–44 vote. On March 23, 2022, her nomination was confirmed by a 49–47 vote. She received her judicial commission on March 30, 2022. She became the second openly LGBTQ judge to serve on the 2nd Circuit.


Personal life

Nathan is married to Meg Satterthwaite, a professor at
NYU New York University (NYU) is a private research university in New York City. Chartered in 1831 by the New York State Legislature, NYU was founded by a group of New Yorkers led by then-Secretary of the Treasury Albert Gallatin. In 1832, the ...
School of Law. They are parents to twin sons. Nathan officiated the wedding of fellow district judge J. Paul Oetken in 2014.


See also

*
Barack Obama Supreme Court candidates President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia SotomayorMark SilvaSonia Sotomayor is Obama's Supreme Court nominee ''Los Angeles Times'' (May 26, 2009). to fill the va ...
*
Joe Biden Supreme Court candidates With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his vi ...
*
List of first women lawyers and judges in New York This is a list of the first women lawyer(s) and judge(s) in New York. It includes the year in which the women were admitted to practice law (in parentheses). Also included are women who achieved other distinctions such becoming the first in their s ...
*
List of law clerks of the Supreme Court of the United States (Seat 4) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each Associate Justice is permitted to employ four law clerks per Court term; the Chief ...
*
List of LGBT jurists in the United States This is a list of openly LGBT Americans who are or were judges, magistrate judges, court commissioners, or administrative law judges in the United States and its federal district and territories. If known, it will be listed if a judge has served o ...


References


External links

* * , - {{DEFAULTSORT:Nathan, Alison 1972 births Living people 21st-century American judges 21st-century American women judges Cornell Law School alumni Fordham University faculty Judges of the United States District Court for the Southern District of New York Judges of the United States Court of Appeals for the Second Circuit Law clerks of the Supreme Court of the United States LGBT appointed officials in the United States LGBT judges LGBT lawyers LGBT people from Pennsylvania New York University School of Law faculty United States court of appeals judges appointed by Joe Biden United States district court judges appointed by Barack Obama Wilmer Cutler Pickering Hale and Dorr associates