Lucy Koh

In January 2008, California Governor Arnold Schwarzenegger appointed Koh a judge on the Santa Clara County Superior Court, a position she held until 2010 when she became a federal judge.[1][8]

On January 20, 2010, President Barack Obama nominated Koh on the recommendation of California Senators Barbara Boxer and Dianne Feinstein to a seat on the United States District Court for the Northern District of California vacated by Judge Ronald M. Whyte, who assumed senior status in 2009.[7] On February 11, 2010, the Senate Judiciary Committee held a hearing on her nomination.[11] On March 4, 2010, the Senate Judiciary Committee favorably reported her nomination.[12] The Senate confirmed Koh by a 90–0 vote on June 7, 2010.[13][14] She received her commission on June 9, 2010.[8] Her service as the district court judge was terminated on December 15, 2021 when she was elevated to the court of appeals.[8]

As a district judge, Koh presided over litigation including Apple Inc. v. Samsung Electronics Co., In re High-Tech Employee Antitrust Litigation, FTC v. Qualcomm (finding antitrust liability for conduct in licensing standard-essential patents, later reversed), and multi-district litigation, including the Yahoo and Anthem data breaches and Apple and Google privacy litigation.[15]

In 2020, Koh presided over a case in which a coalition of local governments, activist groups, and American Indian tribes sued the Commerce Department over the Trump administration's intention to end the 2020 Census early. She issued a ruling that ultimately resulted in extending the once-a-decade count from September 30 to October 15.[16][17]

Koh presided over Tandon v. Newsom, a challenge brought by plaintiffs' challenging California restrictions on gatherings during the COVID-19 pandemic.[18] Koh denied a plaintiffs' request for an injunction seeking to block the restrictions "insofar as they (1) ban indoor religious gatherings at their homes, including Bible studies, theological discussions, collective prayer, and musical prayer; and (2) limit outdoor religious gatherings at their homes to three households"; Koh ruled in February 2021 that the restrictions did not violate the Free Exercise Clause because "the State's private gatherings restrictions treat religious and secular gatherings alike and make no reference to religion."[18][19] The Ninth Circuit affirmed Koh's decision, but the Ninth Circuit's ruling was overturned by the U.S. Supreme Court, which issued an order, on a 5–4 vote, determining that the restriction on religious gatherings in private homes was unconstitutional.[20][21][22]

On February 25, 2016, President Obama nominated Koh to serve as a United States circuit judge for the Ninth Circuit, to the seat vacated by Judge Harry Pregerson, who assumed senior status on December 11, 2015.[23][24] On July 13, 2016, a hearing on her nomination was held before the Senate Judiciary Committee.[25] On September 15, 2016, her nomination was reported out of committee by a 13–7 vote,[26] but the Senate did not act upon her nomination, and it expired on January 3, 2017, at the end of the 114th Congress.[8] President Donald Trump nominated Daniel P. Collins to that seat on February 6, 2019 and was confirmed on May 21, 2019.

On September 8, 2021, President Joe Biden announced his intention to renominate Koh to serve as a United States circuit judge for the Ninth Circuit.[27] On September 20, 2021, her nomination was sent to the Senate. President Biden nominated Koh to the seat to be vacated by Judge Richard Paez, who had announced his intent to assume senior status upon confirmation of a successor.[28] Koh was unanimously rated "well qualified" for the circuit judgeship by the American Bar Association's Standing Committee on the Federal Judiciary.[29]

On October 6, 2021, the Senate Judiciary Committee held a confirmation hearing on her nomination.[30] During her hearing, Republican senators criticized Koh for her ruling in the Tandon case.[31][32] At least one Republican senator accused her of being hostile to people of faith; Koh noted that she is herself a person of faith.[32] Another Republican senator, Tom Cotton, suggested that Koh should have disregarded circuit precedent in the Tandon case; Koh responded by noting that she was bound to follow the precedents of higher courts.[33] Democrats defended Koh, and her nomination was also supported by former California Governor Arnold Schwarzenegger, a Republican who appointed Koh to the state court earlier in her career.[33] California Senator Alex Padilla criticized Republicans over attacks on Koh and other Biden judicial nominees, suggesting that Republicans had singled out nonwhite judicial nominees for disparaging treatment.[34] On October 28, 2021, Koh's nomination was favorably reported by the committee by a 13–9 vote.[35][36]

On December 7, 2021, Majority Leader Chuck Schumer filed cloture on Koh's nomination.[37] On December 9, 2021, the Senate invoked cloture on her nomination by a 51–38 vote.[38] On December 13, 2021, Koh was confirmed by a 50–45 vote.[39][40] She received her judicial commission on December 14, 2021.[8] Koh is the first Korean-American woman to serve as a federal appellate judge and the second Asian Pacific American woman to serve on the Ninth Circuit from California, after Jacqueline Nguyen.[41]