Miller Baker

Court of International Trade
	Federal Circuit
Judgeships
	Posts: 9
	Judges: 9
	Vacancies: 0
Judges
	Chief: Mark A. Barnett
	Active judges: Miller Baker, Mark A. Barnett, Jennifer Choe Groves, Gary S. Katzmann, Claire R. Kelly, Joseph Laroski, Timothy Reif, Stephen Vaden, Lisa Wang; Senior judges:; Thomas Aquilino, Judith Barzilay, Richard Eaton, Richard Goldberg, Leo Gordon, Jane Restani, Delissa Ridgway, Timothy Stanceu

Nomination Tracker
Nominee Information
	Name: Miller Baker
	Court: United States Court of International Trade
Progress
	Confirmed 409 days after nomination.
	Nominated: June 18, 2018
	ABA Rating: Unanimously qualified
	Questionnaire: Questionnaire
	Hearing: November 28, 2018
	QFRs: QFRs (Hover over QFRs to read more)
	Reported: February 7, 2019
	Confirmed: August 1, 2019
	Vote: Voice vote

M. Miller Baker is a judge on the United States Court of International Trade. On June 18, 2018, President Donald Trump (R) nominated Baker to a seat on this court.^[1] The U.S. Senate confirmed Baker on August 1, 2019, by voice vote.^[2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of International Trade is an Article III federal court. It hears only cases involving particular international trade and customs law questions. To learn more about the court, click here.

Baker was a litigation partner in the Washington, D.C., office of McDermott Will & Emery, LLP from 2000 to 2019.^[3]

Although federal judicial offices are officially nonpartisan, Baker is a member of the Republican Party. Baker was a 2011 Republican candidate for District 39 of the Virginia State Senate.

Judicial nominations and appointments

United States Court of International Trade (2019-present)

See also: Federal judges nominated by Donald Trump

On June 18, 2018, President Donald Trump (R) nominated Baker to a seat on this court.^[1] The U.S. Senate confirmed Baker on August 1, 2019, by voice vote.^[2] To read more about the federal nominations process, click here.

Confirmation vote

The U.S. Senate confirmed Baker on August 1, 2019, by voice vote.^[2]

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Baker's nomination on November 28, 2018.^[4]

The Senate Judiciary Committee favorably reported Baker's nomination on February 7, 2019.^[5] Click here to see how the committee voted. Baker's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.

Nomination

Baker was nominated by President Donald Trump (R) on June 18, 2018, to a seat on the United States Court of International Trade. He was nominated to succeed Judge Donald Pogue, who assumed senior status on July 1, 2014, and served as a senior judge until his death on October 26, 2016.^[1]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Baker's nomination to President Trump.^[6] Baker was one of 51 individuals the president re-nominated on January 23, 2019.^[7]

The American Bar Association unanimously rated Baker qualified for the position.^[8] To read more about ABA ratings, click here.

Education

Baker attended Louisiana State University until 1981. He did not earn a degree from LSU, but was accepted into law school with the equivalent of three undergraduate years of work. He obtained his J.D. from Tulane University in 1984.^[3]

Military service

Baker served as a naval reserve intelligence officer in the U.S. Naval Reserve from 1986 to 1995.^[3]^[9]

Professional career

2019-present: Judge, Court of International Trade
2000-2019: Partner, McDermott Will & Emery, LLP
1993-2000: Carr Goodson Warner, P.C.
- 1996-2000: Partner
- 1993-1995: Associate
1991-1993: Counsel to U.S. Senator Orrin Hatch (R-Utah), U.S. Senate Committee on the Judiciary
1991: Associate, Carr Goodson Warner, P.C.
1989-1991: Associate, Dilworth, Paxson, Kalish & Kauffman
1989: Associate, Myerson & Kuhn
1986-1989: U.S. Department of Justice
- 1988-1989: Special assistant to the assistant attorney general for civil rights
- 1986-1988: Attorney-advisor, Office of Legal Policy
1985-1986: Law clerk to Judge Thomas Gee, United States Court of Appeals for the 5th Circuit
1984-1985: Law clerk to Judge John Duhe, United States District Court for the Western District of Louisiana^[3]

Associations

Member, Boy Scouts of America
Member, The Federalist Society
Member, United States Court of Federal Claims Bar Association
Former member, National Rifle Association
Former member, Republican National Lawyers Association
Former member, Reserve Officers Association^[3]

Elections

2011

See also: Virginia State Senate elections, 2011

Baker ran in the 2011 election for Virginia Senate District 39. He defeated Scott Martin in the primary on August 23, 2011 and was defeated by incumbent George Barker (D) in the general election on November 8, 2011.^[10]Cite error: Closing </ref> missing for <ref> tag

Virginia State Senate, District 39 General Election, 2011
Party		Candidate	Vote %	Votes
	Democratic	George Barker Incumbent	53.2%	21,201
	Republican	Miller Baker	46.8%	18,687
Total Votes				39,888

Virginia State Senate Republican Primary, 2011
Candidate	Vote %	Votes
Miller Baker	73.4%	4,194
Scott Martin	26.6%	1,522
Total Votes		5,716

Fundraising

Barker and fellow Democratic incumbent Dave Marsden received more money from the Democratic Party of Virginia than any other Senate candidate through the September 30, 2011 filing period.^[11]

From October 26, 2011-October 31, 2011, Barker raised $81,779, well above Baker's fundraising figures.^[12]

Campaign themes

2011

Baker's website highlighted the following campaign themes:

Taxes

Excerpt: "Miller’s goal is to reduce the Virginia personal income tax and corporate income tax as much as possible, in order to make Virginia a magnet for businesses and families fleeing the failed policies of high tax states such as California."

Spending

Excerpt: "Miller will work unceasingly to eliminate wasteful government spending, such as tax dollar support for public radio and television."

Transportation

Excerpt: "Unlike Virginia Senate Democrats, Miller believes that building roads should be our number one transportation priority, and that transportation improvements can and should be funded out of the Commonwealth’s General Fund."

Life

Excerpt: "As the Declaration of Independence recognizes, the right to life is unalienable and is the first of all rights. Miller will defend life at all stages."

Higher Education

Excerpt: "Virginians are justly proud of their public universities. Miller will seek to prevent public universities from raising tuition and fees without approval from the General Assembly."

Second Amendment

Excerpt: "Miller will strongly resist attempts to encroach upon the Second Amendment rights of gun owners and gun collectors."

Transparency

Excerpt: "Miller will support making every state senator’s voting record easily ascertainable on the Internet. The House of Delegates in 2011 adopted Delegate Jim LeMuyon’s resolution (H.R. 64) requiring that the complete voting record of delegates be made readily available."

Legal Reform

Excerpt: "Miller will champion overdue reform of the Virginia legal system."

About the court

The United States Court of International Trade is an Article III federal court. The Customs Court Act of 1980 replaced the former United States Customs Court with the United States Court of International Trade. The court sits in New York City, although it is authorized to sit elsewhere, including in foreign nations.

Appeals from the Court of International Trade are heard by the United States Court of Appeals for the Federal Circuit, which normally sits in Washington, D.C. Further appeals from the United States Court of Appeals for the Federal Circuit are heard by the Supreme Court of the United States.^[13]

The Court of International Trade has 9 authorized judicial posts. The chief judge of the court is Mark A. Barnett, who was appointed by President Barack Obama (D). Three of the judges on the court were appointed by Donald Trump (R).

The court possesses limited subject matter jurisdiction across the United States. It may hear only cases involving particular international trade and customs law questions. The court hears disputes, such as those involving protests filed with U.S. Customs and Border Protection, decisions regarding Trade Adjustment Assistance by the U.S. Department of Labor or U.S. Department of Agriculture, customs broker licensing, and disputes relating to determinations made by the United States International Trade Commission and the Department of Commerce's International Trade Administration regarding anti-dumping and countervailing duties.

Most cases are heard by a single judge. If a case challenges the constitutionality of a U.S. law or has important implications regarding the administration or interpretation of the customs laws, then it may be heard by a three-judge panel.

Although the court maintains its own rules of procedure, they are patterned for the most part on the Federal Rules of Civil Procedure. The court has held that decisions interpreting the Federal Rules of Civil Procedure are "instructive" in interpreting its own rules.^[14]

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.