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Eric E. Murphy

For the character on the U.S. TV series Entourage, see Eric Murphy.
Eric E. Murphy
Judge of the United States Court of Appeals for the Sixth Circuit
Incumbent
Assumed office
March 11, 2019
Appointed byDonald Trump
Preceded byAlice M. Batchelder
9th Solicitor General of Ohio
In office
September 9, 2013 – January 14, 2019
Attorney GeneralMike DeWine
Preceded byAlexandra Schimmer
Succeeded byBen Flowers
Personal details
Born1979 (age 44–45)
Indianapolis, Indiana, U.S.
Political partyRepublican
EducationMiami University (BA)
University of Chicago (JD)

Eric Earl Murphy (born November 6, 1979)[1] is an American lawyer and jurist serving since 2019 as a U.S. circuit judge of the U.S. Court of Appeals for the Sixth Circuit. He previously served as the Solicitor General of Ohio from 2013 to 2019.

Early life and education

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Murphy was born in 1979 in Indianapolis, Indiana. He graduated from Miami University in 2001 with a Bachelor of Arts, summa cum laude, with Phi Beta Kappa honors. After working as a grocery clerk for a year, he attended the University of Chicago Law School, where he was a member of the University of Chicago Law Review. He graduated in 2005 with a Juris Doctor with high honors and Order of the Coif membership.[1]

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After law school, Murphy was a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit from 2005 to 2006 and for Justice Anthony Kennedy of the U.S. Supreme Court from 2006 to 2007. He then became an associate in the appellate practice of the law firm Jones Day in its Columbus, Ohio office.[2] He became the Solicitor General of Ohio under Attorney General Mike DeWine in 2013.[3][4]

He is a member of the Federalist Society.[5]

Federal judicial service

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On June 7, 2018, President Donald Trump announced his intent to nominate Murphy to serve as a United States Circuit Judge of the United States Court of Appeals for the Sixth Circuit.[4] On June 18, 2018, his nomination was sent to the Senate. President Trump nominated Murphy to the seat on the United States Court of Appeals for the Sixth Circuit being vacated by Judge Alice M. Batchelder, who previously announced her decision to assume senior status on a date to be determined.[6] In June 2018, U.S. Senator Sherrod Brown said he did not plan to return a blue slip for Murphy's nomination, while U.S. Senator Rob Portman said he planned to support Murphy's nomination.[7] On October 10, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[8]

On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Murphy for a federal judgeship.[9] His nomination was sent to the Senate later that day.[10] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[11] On March 6, 2019, the Senate invoked cloture on his nomination by a 53–46 vote.[12] On March 7, 2019, his nomination was confirmed by a 52–46 vote.[13] He received his judicial commission on March 11, 2019.[14]

On December 3, 2021, in Gun Owners of America, Inc. v. Garland, 19 F.4th 980 (6th Cir. 2021), an evenly divided Sixth Circuit affirmed the denial of a preliminary injunction against a rule issued by the ATF declaring bump-stock devices to be illegal machine guns under federal law. Judge Eric Murphy authored a dissenting opinion joined by seven other members of the court that would have enjoined the ATF’s new rule, explaining that the “policy debate over whether to ban bump stocks” belongs “with the legislative branch accountable to the people” rather than an administrative agency or the judiciary.[15] In Garland v. Cargill, 602 U.S. 406 (2024), the U.S. Supreme Court ruled 6-3 that bump-stock devices are not machine guns under existing federal law.

See also

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References

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  1. ^ a b United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Eric Earl Murphy
  2. ^ "Jones Day's Eric Murphy named Ohio State Solicitor". Jones Day. August 2013. Archived from the original on June 12, 2018. Retrieved June 7, 2018.
  3. ^ "Eric Murphy '05 Named State Solicitor for the Ohio Attorney General's Office". University of Chicago Law School. September 4, 2013. Retrieved June 7, 2018.
  4. ^ a b "President Donald J. Trump Announces Fifteenth Wave of Judicial Nominees, Fourteenth Wave of United States Attorney Nominees, and Ninth Wave of United States Marshal Nominees". whitehouse.gov. June 7, 2018. Retrieved June 7, 2018 – via National Archives. Public Domain This article incorporates text from this source, which is in the public domain.
  5. ^ "Who is Eric Murphy?". National Review. June 8, 2018. Retrieved July 1, 2018.
  6. ^ "Seventeen Nominations and One Withdrawal Sent to the Senate Today", White House, June 18, 2018
  7. ^ Heisig, Eric (June 7, 2018). "Sen. Sherrod Brown says he will not support Trump's nominees for Ohio-based appeals court". Cleveland.com. Retrieved June 20, 2018.
  8. ^ United States Senate Committee on the Judiciary: Nominations for October 10, 2018
  9. ^ "President Donald J. Trump Announces Intent to Nominate Judicial Nominees", White House, January 23, 2019
  10. ^ "Nominations Sent to the Senate", White House, January 23, 2019
  11. ^ Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee
  12. ^ On the Cloture Motion (Motion to Invoke Cloture on Eric E. Murphy, of Ohio, to be United States Circuit Judge for the Sixth Circuit)
  13. ^ On the Nomination (Confirmation Eric E. Murphy, of Ohio, to be United States Circuit Judge for the Sixth Circuit)
  14. ^ Eric E. Murphy at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  15. ^ https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0279p-06.pdf [bare URL PDF]
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Legal offices
Preceded by Solicitor General of Ohio
2013–2019 		Succeeded by
Preceded by Judge of the United States Court of Appeals for the Sixth Circuit
2019–present 		Incumbent