Joseph Bianco
2019 - Present
5
Joseph Frank Bianco is a judge on the United States Court of Appeals for the 2nd Circuit. He was nominated to the court by President Donald Trump (R) on November 13, 2018, and confirmed by the U.S. Senate on May 8, 2019, by a vote of 54-42. To see a full list of judges appointed by Donald Trump, click here.[1][2]
Bianco was a federal judge for the United States District Court for the Eastern District of New York before his elevation to the 2nd Circuit. He served on the court from 2006 to 2019.[3]
The United States Court of Appeals for the 2nd Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. The U.S. 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 courts, click here.
Judicial nominations and appointments
United States Court of Appeals for the 2nd Circuit (2019-present)
- See also: Federal judges nominated by Donald Trump
Bianco was nominated to the United States Court of Appeals for the 2nd Circuit by President Donald Trump (R) on November 13, 2018. The U.S. Senate confirmed Bianco on May 8, 2019, by a vote of 54-42.[1] He received commission on May 13, 2019.[4] To read more about the federal nomination process, click here.
 |
| Nominee Information |
| Name: Joseph Bianco |
| Court: United States Court of Appeals for the 2nd Circuit |
| Progress |
| Confirmed 176 days after nomination. |
 Nominated: November 13, 2018
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: February 13, 2019
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Renom. QFRs: Renom. QFRs |
| Reported: March 7, 2019
|
| Confirmed: May 8, 2019
|
| Vote: 54-42
|
Confirmation vote
The U.S. Senate confirmed Bianco on May 8, 2019, on a vote of 54-42.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Bianco confirmation vote (May 8, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
2 | 40 | 3 | ||||||
 Republican |
52 | 0 | 1 | ||||||
 Independent |
0 | 2 | 0 | ||||||
| Total | 54 | 42 | 4 | ||||||
Senate Judiciary Committee hearing
Bianco had his hearing before the Senate Judiciary Committee on February 13, 2019.[2] On March 7, 2019, the committee voted 12-10 to advance Bianco's nomination to the full Senate.[5]
Nomination
On October 10, 2018, President Donald Trump (R) announced his intent to nominate Bianco to a seat on the United States Court of Appeals for the 2nd Circuit.[6] The Senate received Bianco's nomination November 13.[1] He was one of 13 judges formally nominated by Trump on that date.
At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Bianco's nomination to President Trump.[7] Bianco was one of 51 individuals the president re-nominated on January 23, 2019.[8]
Bianco was nominated to replace Judge Reena Raggi, who assumed senior status on August 31, 2018..[9] Home-state Senators Chuck Schumer (D) and Kirsten Gillibrand (D) of New York opposed Bianco's nomination and did not return blue slips.[10] Click here for more information.
The American Bar Association unanimously rated Bianco well qualified for the position.[11] To read more about ABA ratings, click here.
United States District Court for the Eastern District of New York (2006-2019)
Bianco was nominated to the United States District Court for the Eastern District of New York by President George W. Bush (R) on July 28, 2005. The U.S. Senate confirmed the nomination on December 21, 2005, by voice vote.[12] He received commission on January 3, 2006.[4] To read more about the federal nomination process, click here.
Confirmation vote
The U.S. Senate confirmed Bianco on December 21, 2005, by voice vote.[12]
Senate Judiciary Committee hearing
Bianco had his hearing before the Senate Judiciary Committee on November 1, 2005. On November 17, 2005, the committee voted to advance Bianco's nomination to the full Senate.[12]
Nomination
On July 28, 2005, President George W. Bush (R) nominated Bianco to the United States District Court for the Eastern District of New York. He was nominated to replace Judge Denis Hurley, who assumed senior status on December 18, 2004.[12]
The American Bar Association unanimously rated Bianco well qualified for the position.[13] To read more about ABA ratings, click here.
Education
Bianco graduated with a B.A., magna cum laude, from Georgetown University in 1988. He obtained a J.D. from Columbia University School of Law in 1991.[6]
Professional career
- 2019-Present: Judge, United States Court of Appeals for the 2nd Circuit
- 2006-2019: Judge, United States District Court for the Eastern District of New York
- 2004-2005: Deputy assistant attorney general, Criminal Prosecutions Division, Attorney General of the United States
- 2003-2004: Attorney in private practice
- 2002-2005: Adjunct professor, Fordham University Law School
- 1994-2003: Assistant U.S. attorney, Southern District of New York
- 1993-1994: Attorney in private practice
- 1992-1993: Law clerk for Judge Peter Leisure[3]
Noteworthy cases
Lend America FHA case (2009)
Judge Bianco ruled against a motion filed by the United States Department of Justice to ban Ideal Mortgage Bankers Ltd., operating as Lend America, to originate FHA loans. The Justice Department filed the motion since the mortgage company had a civil lawsuit pending. The company was accused of falsely certifying $14 million in mortgage payments. The decision allowed Lend America to continue to originate loans while the separate lawsuit was still pending trial.[14]
About the court
U.S. Court of Appeals for the 2nd Circuit
| Second Circuit |
|---|
| Court of Appeals |
|
| Judgeships |
| Posts: 13 |
| Judges: 13 |
| Vacancies: 0 |
| Judges |
| Chief: Debra Livingston |
| Active judges: Joseph Bianco, Maria Araujo Kahn, Eunice Lee, Debra Livingston, Raymond Lohier, Steven Menashi, Sarah Ann Leilani Merriam, William Nardini, Alison J. Nathan, Michael H. Park, Myrna Pérez, Beth Robinson, Richard Sullivan Senior judges: |
The United States Court of Appeals for the Second Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.
Appeals are heard in the Thurgood Marshall Federal Courthouse in New York City.
Four judges of the Second Circuit went on to serve on the Supreme Court of the United States. John Marshall Harlan II was appointed to the Supreme Court in 1955 by Dwight Eisenhower, Thurgood Marshall was appointed in 1967 by Lyndon Johnson, and Sonia Sotomayor was appointed in 2009 by Barack Obama.
The Second Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Second Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Ruth Bader Ginsburg is the circuit justice for the Second Circuit.
The United States Court of Appeals for the Second Circuit's territory comprises the states of Connecticut, New York, and Vermont. The court has appellate jurisdiction over the United States district courts in the following federal judicial districts:
- District of Connecticut
- Eastern District of New York
- Northern District of New York
- Southern District of New York
- Western District of New York
- District of Vermont
To read opinions published by this court, click here.
U.S. District Court for the Eastern District of New York
| Eastern District of New York |
|---|
| Second Circuit |
|
| 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: |
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
- United States District Court for the Eastern District of New York
- United States Court of Appeals for the 2nd Circuit
External links
- Search Google News for this topic
- United States Court of Appeals for the 2nd Circuit
- United States District Court for the Eastern District of New York
- Federal Judicial Center biography
Footnotes
- ↑ 1.0 1.1 1.2 Congress.gov, "PN2584 — Joseph F. Bianco — The Judiciary," accessed November 27, 2018
- ↑ 2.0 2.1 2.2 Congress.gov, "PN220 — Joseph F. Bianco — The Judiciary," accessed July 20, 2020
- ↑ 3.0 3.1 Federal Judicial Center, "Joseph Bianco biography," accessed October 11, 2018
- ↑ 4.0 4.1 Federal Judicial Center, "Bianco, Joseph Frank," accessed April 19, 2020
- ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," March 7, 2019
- ↑ 6.0 6.1 WhiteHouse.gov, "President Donald J. Trump Announces Eighteenth Wave of Judicial Nominees, Eighteenth Wave of United States Attorney Nominees, and Thirteenth Wave of United States Marshal Nominees," October 10, 2018
- ↑ 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
- ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
- ↑ Federal Judicial Center, "Raggi, Reena," accessed April 19, 2020
- ↑ New York Law Journal, "Trump 2nd Circuit Nominees Grilled as Democrats Fume Over Consideration," February 13, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV Judicial Nominees," accessed February 14, 2019
- ↑ 12.0 12.1 12.2 12.3 Congress.gov, "PN780 — Joseph Frank Bianco — The Judiciary," accessed July 20, 2020
- ↑ American Bar Association, "Ratings of Article III Judicial Nominees," accessed July 20, 2020
- ↑ DSNews, "Judge Rules Lend America Can Keep Making FHA Loans," October 22, 2009
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the 2nd Circuit 2019-Present |
Succeeded by - |
| Preceded by - |
United States District Court for the Eastern District of New York 2006-2019 |
Succeeded by Nusrat Choudhury |
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| |||
|---|---|---|---|
| Active judges |
Chief Judge: Debra Livingston • Joseph Bianco • Richard Sullivan (New York) • Maria Araujo Kahn • Raymond Lohier • Alison J. Nathan • Beth Robinson • Sarah A.L. Merriam • Michael Park • Steven Menashi • William Nardini • Eunice Lee • Myrna Pérez | ||
| Senior judges |
Denny Chin • Gerard Lynch • Pierre Leval • Dennis Jacobs • Jon Newman • Amalya Kearse • John Walker (New York) • Chester Straub • Guido Calabresi • Jose Cabranes • Robert Sack • Barrington Parker • Reena Raggi • Richard Wesley • Susan L. Carney (Second Circuit) • | ||
| Former judges | Christopher Droney • Julian William Mack • Frank Altimari • Samuel Blatchford • Alexander Smith Johnson • Nathaniel Shipman • William James Wallace • Lewis Bartholomew Woodruff • Sonia Sotomayor • Wilfred Feinberg • Ralph Winter • Roger Miner • Rosemary Pooler • Robert Katzmann • Peter Hall (Federal judge) • John Mahoney (Second Circuit) • George Pratt • Richard Cardamone • Lawrence Pierce • Thomas Meskill • William Mulligan • James Oakes • William Timbers • Fred Parker • Alfred Conkling Coxe • Emile Henry Lacombe • William Kneeland Townsend • Charles Merrill Hough • Walter Chadwick Noyes • Henry Galbraith Ward • John Harlan II • Learned Hand • Martin Augustine Knapp • Julius Marshuetz Mayer • Augustus Noble Hand • Martin Thomas Manton • Henry Wade Rogers • Harrie Brigham Chase • Thomas Walter Swan • Carroll Hincks • Charles Edward Clark • John Joseph Smith • Robert Palmer Anderson • Robert Porter Patterson, Sr. • Murray Gurfein • Irving Kaufman • Walter Mansfield • Harold Medina • Thurgood Marshall • Jerome Frank • Henry Friendly • Paul Hays • Joseph Lumbard • Leonard Moore • Ellsworth Van Graafeiland • Sterry Waterman • | ||
| Former Chief judges |
Wilfred Feinberg • Jon Newman • Ralph Winter • John Walker (New York) • Robert Katzmann • Thomas Meskill • James Oakes • Learned Hand • Harrie Brigham Chase • Thomas Walter Swan • Charles Edward Clark • Irving Kaufman • Henry Friendly • Joseph Lumbard • | ||
| |||
|---|---|---|---|
| Active judges |
Chief Judge: Margo Brodie • Roslynn Mauskopf • Joan Azrack • Ramon Reyes, Jr. • Ann M. Donnelly • Pamela Ki Mai Chen • Gary R. Brown • LaShann Moutique DeArcy Hall • Diane Gujarati • Eric Komitee • Rachel Kovner • Hector Gonzalez (New York) • Nina Morrison • Nusrat Choudhury • Natasha Merle • Orelia Merchant | ||
| Senior judges |
Raymond Dearie • Leo Glasser • Denis Hurley • Edward Korman • Carol Amon • Brian Cogan • Nicholas Garaufis • Nina Gershon • Dora Irizarry • Kiyo Matsumoto • Allyne Ross • Joanna Seybert • Eric Vitaliano • Frederic Block • William Kuntz • | ||
| Magistrate judges | Lois Bloom • Arlene Lindsay • Roanne Mann • Cheryl Pollak • Ramon Reyes, Jr. • Vera Scanlon • Steven Locke • Peggy Kuo • Steven Tiscione • Anne Shields • Sanket Bulsara • James Wicks • James R. Cho • Taryn A. Merkl • Marcia Henry • | ||
| Former Article III judges |
Sterling Johnson • Thomas Platt • Charles Sifton • Arthur Spatt • David Trager • Jack Weinstein • Leonard Wexler • Joseph Bianco • Sandra Feuerstein • John Gleeson • Sandra Townes • Frank Altimari • Charles Linnaeus Benedict • Joseph McLaughlin (Second Circuit) • Reena Raggi • George Pratt • Asa Wentworth Tenney • Edward Beers Thomas • Thomas Chatfield • Van Vechten Veeder • Edwin Louis Garvin • Marcus Beach Campbell • Robert Alexander Inch • Grover Moscowitz • Mortimer Byers • Clarence Galston • Matthew Abruzzo • John Bartels • Frederic Block • Henry Bramwell • Walter Bruchhausen • Mark Costantino • John Dooling • Orrin Judd • Jacob Mishler • Edward Neaher • Eugene Nickerson • Leo Rayfiel • George Rosling • Anthony Travia • Joseph Zavatt • Harold Kennedy (New York) • | ||
| Former Chief judges |
Raymond Dearie • Edward Korman • Thomas Platt • Charles Sifton • Jack Weinstein • Carol Amon • Dora Irizarry • Roslynn Mauskopf • Robert Alexander Inch • Walter Bruchhausen • Jacob Mishler • Joseph Zavatt • | ||
Federal courts:
Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York
State courts:
New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts
State resources:
Courts in New York • New York judicial elections • Judicial selection in New York
