Diane Gujarati

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Diane Gujarati
Image of Diane Gujarati
United States District Court for the Eastern District of New York
Tenure

2020 - Present

Years in position

3

Education

Bachelor's

Barnard College, 1990

Law

Yale Law School, 1995


Diane Gujarati is a judge on the United States District Court for the Eastern District of New York. She was nominated by President Donald Trump (R) on May 15, 2018, and confirmed by the U.S. Senate on September 10, 2020, by a 99-0 vote. To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the Eastern District of New York is one of 94 U.S. District Courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.

On September 13, 2016, President Barack Obama (D) nominated Gujarati to the Eastern District of New York.[1] On January 3, 2017, Gujarati's nomination was returned to President Obama at the sine die adjournment of the 114th Congress.[2]

Gujarati was the deputy chief of the criminal division of the U.S. Attorney's Office for the Southern District of New York from 1999 to 2020.

Judicial nominations and appointments

United States District Court for the Eastern District of New York (2020-present)

See also: Federal judges nominated by Donald Trump

On May 15, 2018, President Donald Trump (R) nominated Gujarati to a seat on the United States District Court for the Eastern District of New York. She was confirmed by a 99-0 vote of the U.S. Senate on September 10, 2020.[3][4] She received commission on September 18, 2020.[5] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Diane Gujarati
Court: United States District Court for the Eastern District of New York
Progress
Confirmed 849 days after nomination.
ApprovedANominated: May 15, 2018
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: August 1, 2018
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: September 13, 2018 (first)
June 20, 2019 (second) 
ApprovedAConfirmed: September 10, 2020
ApprovedAVote: 99-0

Confirmation vote

The U.S. Senate confirmed Gujarati on September 10, 2020, by a vote of 99-0.[4] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Gujarati confirmation vote (September 10, 2020)
Party Yea Nay No vote
Electiondot.png Democratic 44 0 1
Ends.png Republican 53 0 0
Grey.png Independent 2 0 0
Total 99 0 1
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Gujarati was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[6]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[7]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[8] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held a hearing on her nomination on August 1, 2018. Her nomination was reported out of committee September 13, 2018, by a 21-0 vote.[9][3] The committee voted a second time to advance Bress' nomination to the full Senate on June 20, 2019.[10]

Nomination

Gujarati was nominated on May 15, 2018, to the United States District Court for the Eastern District of New York by President Donald Trump (R).[11] The president nominated Gujarati to succeed Judge John Gleeson, who resigned from the bench on March 9, 2016.[3]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Gujarati's nomination to the president.[3][12]

Trump announced his intent to renominate Gujarati on April 8, 2019.[13] The second nomination was officially sent to the Senate on May 21, 2019.[14]

The American Bar Association unanimously rated Gujarati qualified for the position.[15] To read more about ABA ratings, click here.

United States District Court for the Eastern District of New York (2016)

See also: Federal judges nominated by Barack Obama

On September 13, 2016, President Barack Obama (D) nominated Gujarati to the Eastern District of New York.[1] Gujarati was nominated to succeed Judge John Gleeson, who resigned from the bench on March 9, 2016.[2] To read more about the federal nominations process, click here.

On January 3, 2017, Gujarati's nomination was returned to the president at the sine die adjournment of the 114th Congress.[2][12]

Education

Gujarati received her B.A., summa cum laude, from Barnard College of Columbia University in 1990. She obtained her J.D. from Yale Law School in 1995. During her legal studies, Gujarati served as an editor of the Yale Law Journal and the Yale Journal on Regulation.[13][16]

Professional career

Awards and associations

Awards

  • 2017: Litigation achievement award, South Asian Bar Association of New York
  • 2003: New York/New Jersey Regional Award for "Operation Double Tap," Organized Crime Drug Enforcement Task Force
  • 2002: Group Achievement Award for "Operation Double Tap," Federal Law Enforcement Officers Association[16]

Associations

  • 2017-present: Member, South Asian Bar Association of New York
  • 2015-present: Member, Asian American Bar Association of New York
  • Member, American Bar Association
  • Member, Federal Bar Council
  • Member, National Asian Pacific American Bar Association
  • Member, New York City Bar Association
  • Member, New York County Lawyers' Association
  • Member, New York State Bar Association[16]

About the court

Eastern District of New York
Second Circuit
Great seal of the United States.png
Judgeships
Posts: 16
Judges: 16
Vacancies: 0
Judges
Chief: Margo Brodie
Active judges: Joan Azrack, Margo Brodie, Gary R. Brown, Pamela Ki Mai Chen, Nusrat Choudhury, LaShann Moutique DeArcy Hall, Ann M. Donnelly, Hector Gonzalez, Diane Gujarati, Eric Komitee, Rachel Kovner, Roslynn Mauskopf, Orelia Merchant, Natasha Merle, Nina Morrison, Ramon Reyes Jr.

Senior judges:
Carol Amon, Frederic Block, Brian Cogan, Raymond Dearie, Nicholas Garaufis, Nina Gershon, Leo Glasser, Denis Hurley, Dora Irizarry, Edward Korman, William Kuntz, Kiyo Matsumoto, Allyne Ross, Joanna Seybert, Eric Vitaliano


The United States District Court for the Eastern District of New York is one of 94 United States district courts. The courthouses are located in Brooklyn and Central Islip. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Second Circuit based in Lower Manhattan at the Daniel Patrick Moynihan Federal Courthouse.

The Eastern District of New York has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The geographic jurisdiction of the Eastern District of New York consists of the following counties in the eastern part of the state of New York:


To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links

Footnotes

  1. 1.0 1.1 The White House, "President Obama Nominates Diane Gujarati to Serve on the United States District Court for the Eastern District of New York," September 13, 2016
  2. 2.0 2.1 2.2 United States Congress, "PN 1752 — Diane Gujarati — The Judiciary," accessed January 3, 2017
  3. 3.0 3.1 3.2 3.3 Congress.gov, "PN1957 — Diane Gujarati — The Judiciary," accessed September 14, 2018
  4. 4.0 4.1 Congress.gov, "PN775 — Diane Gujarati — The Judiciary," accessed September 11, 2020
  5. Federal Judicial Center, "Gujarati, Diane," accessed September 22, 2020
  6. The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  7. Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  8. NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  9. Senate Judiciary Committee, "Results of the Executive Business Meeting," September 13, 2018
  10. U.S. Senate Committee on the Judiciary, "Results of Executive Business Meeting," June 20, 2019
  11. White House, "President Donald J. Trump Announces Fourteenth Wave of Judicial Nominees, Thirteenth Wave of United States Attorney Nominees, and Eighth Wave of United States Marshal Nominees," May 10, 2018
  12. 12.0 12.1 Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
  13. 13.0 13.1 White House, "President Donald J. Trump Announces Judicial Nominations," April 8, 2019
  14. White House, "Twelve Nominations Sent to the Senate," May 21, 2019
  15. American Bar Association, "Ratings of Article III and Article I judicial nominees: 115th Congress," accessed September 14, 2018
  16. 16.0 16.1 16.2 16.3 U.S. Senate Committee on the Judiciary, "Questionnaire for judicial nominees: Diane Gujarati," accessed April 9, 2019

Political offices
Preceded by
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United States District Court for the Eastern District of New York
2020-Present
Succeeded by
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