Hembram Bakhul at 04:25, 1 July 2021

2021-07-01T04:25:35Z

New page

{{short description|American judge}}
{{Use mdy dates|date=October 2018}}
{{Infobox officeholder
| name = Daniel P. Collins
| image = DanielPCollins.jpg
| office = Judge of the [[United States Court of Appeals for the Ninth Circuit]]
| appointer = [[List of federal judges appointed by Donald Trump|Donald Trump]]
| term_start = May 22, 2019
| term_end =
| predecessor = [[Harry Pregerson]]
| successor =
| birth_name = Daniel Paul Collins
| birth_date = {{Birth year and age|1963}}
| birth_place = [[Brooklyn]], [[New York (state)|New York]], U.S.
| death_date =
| death_place =
| education = [[Harvard University]] ([[Bachelor of Arts|AB]])<br>[[Stanford University]] ([[Juris Doctor|JD]])
| party =
}}

'''Daniel Paul Collins''' (born July 4, 1963) is a [[United States federal judge|United States Circuit Judge]] of the [[United States Court of Appeals for the Ninth Circuit]].

== Early life and career ==

Collins earned his [[Bachelor of Arts]], summa cum laude, from [[Harvard College]].<ref>{{cite news |title='85 Assembly Reps Upset After Meeting |url=https://www.thecrimson.com/article/1981/10/7/85-assembly-reps-upset-after-meeting/ |access-date=October 11, 2018 |work=Harvard Crimson |date=October 7, 1981}}</ref> He received his [[Juris Doctor]] from [[Stanford Law School]] in 1988, where he served on the ''[[Stanford Law Review]]''.<ref>{{cite web |title=Reunion-class of 2008, 1988 |url=http://www2.law.stanford.edu/experience/alumnilife/reunions/2008/1983/ |publisher=Stanford Law School |access-date=October 10, 2018}}</ref><ref>{{cite web |title=Board of editors masthead-Vol 40 |url=https://www.stanfordlawreview.org/wp-content/uploads/sites/3/2010/01/Volume-40.pdf |publisher=Stanford Law Review |date=1988|access-date=October 10, 2018}}</ref> After graduating from law school, Collins served as a law clerk to Judge [[Dorothy Wright Nelson]] of the [[United States Court of Appeals for the Ninth Circuit]] and to Associate Justice [[Antonin Scalia]] of the [[Supreme Court of the United States]] during the 1991–1992 term, where he was a co-clerk with [[Jeffrey Sutton]].

Collins then worked as an [[Assistant United States Attorney]] for the [[United States District Court for the Central District of California|Central District of California]] and as an attorney-advisor in the [[United States Department of Justice]] [[Office of Legal Counsel]].<ref>{{cite book |title=United States Congressional Serial Set, Serial No. 14811, Senate Reports Nos. 1–39 |date=February 11, 2003 |publisher=U.S. Government Printing Office |location=Washington, D.C. |url=https://books.google.com/books?id=iBKDzeOqb1cC&q=%22daniel+p.+collins%22+harvard+law+school&pg=RA1-PA2 |quote=The committee heard testimony from Daniel P. Collins, Associate Deputy Attorney General and Chief Privacy Officer, U.S. Department of Justice.}}</ref> He later served as an Associate [[United States Deputy Attorney General]] and in that role participated substantially in the drafting of the [[PROTECT Act of 2003]].<ref>{{cite web |title=Stopping Child Pornography: Protecting our Children and the Constitution |url=https://www.judiciary.senate.gov/meetings/stopping-child-pornography_protecting-our-children-and-the-constitution |publisher=U.S. Senate, Judiciary Committee |access-date=October 11, 2018 |date=October 2, 2002}}</ref> From 2003 to 2019, Collins was a partner at [[Munger, Tolles & Olson]].<ref name="WHBio">{{cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-eighteenth-wave-judicial-nominees-eighteenth-wave-united-states-attorney-nominees-thirteenth-wave-united-states-marshal-nominees/ |title=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 |date=October 10, 2018 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=October 10, 2018 }} {{PD-notice}}</ref> In 2007, he was considered but not chosen for the position of [[United States Attorney]] for the [[United States District Court for the Central District of California|Central District of California]].<ref>{{cite news |last1=Weinstein |first1=Henry |last2=Krikorian |first2=Greg |title=Judge is in race for U.S. attorney job |url=http://articles.latimes.com/2007/jan/18/local/me-usattorney18 |access-date=October 11, 2018 |work=Los Angeles Times |date=January 18, 2007}}</ref> In 2009, he represented [[Philip Morris USA|Phillip Morris]] in opposing a ban on tobacco sales in drug stores in [[San Francisco]].<ref>{{cite news |last1=Egelko |first1=Bob |title=Judges don't buy theory in S.F. tobacco-ban case |url=https://www.sfchronicle.com/bayarea/article/Judges-don-t-buy-theory-in-S-F-tobacco-ban-case-3289500.php |date=August 13, 2009 |work=San Francisco Chronicle |access-date=October 10, 2018}}</ref> In 2017, he served on the Federal Courts Advisory Committee on Evidence Rules.<ref>{{cite journal |last1=Capra |first1=Daniel J. |title=The Phillip D. Reed Lecture Series: Conference on Possible Amendments to Federal Rules of Evidence 404(b), 807, and 801(D)(1)(a) |journal=Fordham L. Rev. |date=2017 |volume=85 |issue=4 |page=517 |url=http://ir.lawnet.fordham.edu/flr/vol85/iss4/2 |access-date=October 11, 2018}}</ref>

== Federal judicial service ==

On October 10, 2018, [[Donald Trump|President Trump]] announced his intent to nominate Collins to serve as a United States Circuit Judge of the [[United States Court of Appeals for the Ninth Circuit]].<ref name="WHBio" /><ref>{{cite news |last1=Egelko |first1=Bob |title=President Trump nominates 3 to Court of Appeals in San Francisco |url=https://www.sfchronicle.com/news/article/President-Trump-nominates-3-to-Court-of-Appeals-13300981.php |date=October 11, 2018 |work=San Francisco Chronicle |access-date=October 11, 2018}}</ref> On October 11, 2018, Senator [[Dianne Feinstein]] said the White House had not consulted her on the nomination, and that she would oppose Senate confirmation of Collins and two other circuit court nominees.<ref>{{cite news |last1=Swayer |first1=Alex |title=Dianne Feinstein says White House didn't consult on judicial nominees |url=https://www.washingtontimes.com/news/2018/oct/11/dianne-feinstein-white-house-didnt-consult-judicia/ |date=October 11, 2018 |work=Washington Times |access-date=October 11, 2018}}</ref><ref>{{cite news |last1=Wire |first1=Sarah D. |title=California Senators Will Try to Block White House Judicial Nominees for the 9th Circuit |url=http://www.latimes.com/politics/la-na-pol-9th-circuit-nominees-20181011-story.html |date=October 11, 2018 |work=Los Angeles Times |access-date=October 11, 2018}}</ref><ref>{{cite news |last1=Cadei |first1=Emily |last2=Irby |first2=Kate |title=Trump defies California senators with 9th Circuit judge nominations |url=https://www.mcclatchydc.com/news/politics-government/justice/article219869925.html |date=October 11, 2018 |work=McClatchydc.com |access-date=October 11, 2018}}</ref> On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Collins to the seat vacated by Judge [[Harry Pregerson]], who took [[senior status]] on December 11, 2015.<ref>{{Cite web|url=https://trumpwhitehouse.archives.gov/presidential-actions/twenty-six-nominations-sent-senate/|via=[[NARA|National Archives]]|work=[[whitehouse.gov]]|title=Twenty Six Nominations Sent to the Senate}}</ref> On January 3, 2019, his nomination was returned to the President under [[Standing Rules of the United States Senate, Rule XXXI|Rule XXXI, Paragraph 6]] of the [[United States Senate]].

On January 30, 2019, President Trump indicated that he would renominate Collins to a Ninth Circuit vacancy.<ref>{{Cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-judicial-nominees-2/ |title=President Donald J. Trump Announces Intent to Nominate Judicial Nominees |date=2019-01-30 |language=en-US |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=2019-01-31}}</ref> On February 6, 2019, his nomination was sent to the Senate.<ref>{{Cite web|url=https://trumpwhitehouse.archives.gov/presidential-actions/twelve-nominations-sent-senate/|via=[[NARA|National Archives]]|work=[[whitehouse.gov]]|title=Twelve Nominations Sent to the Senate}}</ref> On March 13, 2019, a hearing on his nomination was held before the [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]].<ref>{{Cite web|url=https://www.judiciary.senate.gov/meetings/nominations-hearing|title=Nominations Hearing | United States Senate Committee on the Judiciary|website=www.judiciary.senate.gov}}</ref> On April 4, 2019, his nomination was reported out of committee by a 12–10 [[party line (politics)|party line]] vote.<ref>{{Cite web|url=https://www.judiciary.senate.gov/imo/media/doc/04.04.2019%20Results%20of%20Executive%20Business%20Meeting.pdf|title=Results of Executive Business Meeting – April 4, 2019, Senate Judiciary Committee}}</ref> On May 20, 2019, the Senate invoked [[cloture]] on his nomination by a vote of 51–43,<ref>{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00117|title=U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session|website=www.senate.gov}}</ref> and on the following day, May 21, the Senate confirmed his nomination by a vote of 53–46.<ref>{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00118|title=U.S. Senate: U.S. Senate Roll Call Votes 116th Congress - 1st Session|website=www.senate.gov}}</ref> He received his judicial commission on May 22, 2019.

==Notable cases==

On May 22, 2020, Collins dissented in a 2–1 decision which ruled that California Governor [[Gavin Newsom]]'s order to close churches was constitutional.<ref>{{cite web |url=https://cdn.ca9.uscourts.gov/datastore/opinions/2020/05/22/20-55533.pdf |title=Court summary|date=May 22, 2020 |website=cdn.ca9.uscourts.gov|access-date=2020-06-27}}</ref> On May 29, a majority on the [[Supreme Court of the United States|U.S. Supreme Court]] declined to overrule the 9th Circuit's ruling. However, the issue had shifted from whether closing churches was constitutional to whether limiting church capacity was constitutional.<ref>{{Cite web|url=https://www.scotusblog.com/2020/05/court-declines-to-lift-restrictions-on-crowds-at-church-services/|title=Court declines to lift restrictions on crowds at church services (UPDATED)|date=May 30, 2020|website=SCOTUSblog}}</ref>

On June 26, 2020, Collins again dissented in a pair of 2–1 decisions ruling that President Trump illegally redirected $2.5 billion in military funds to build portions of a border wall in California, Arizona, and New Mexico.<ref>{{Cite web|url=https://oag.ca.gov/news/press-releases/attorney-general-becerra-applauds-ruling-blocking-trump%E2%80%99s-illegal-diversion|title=Attorney General Becerra Applauds Ruling Blocking Trump's Illegal Diversion of Funding for Border Wall|date=June 28, 2019|website=State of California - Department of Justice - Office of the Attorney General}}</ref>

On April 27, 2021, Collins partially dissented in a qualified immunity case where a 13 year old was coerced into confessing a murder in which he did not commit. While the majority granted the officers qualified immunity in part, Collins would have granted them qualified immunity in full. <ref>{{Cite web|url=http://cdn.ca9.uscourts.gov/datastore/opinions/2021/04/27/18-56360.pdf|title=Court documents|website=cdn.ca9.uscourts.gov|date=April 27, 2021|access-date=May 18, 2021}}</ref>

== See also ==
* [[List of law clerks of the Supreme Court of the United States]]

== References ==
{{Reflist}}

== Selected publications ==
* {{cite journal |last1=Collins |first1=Daniel P. |title=Lewis v. Casey: A Case Study in How Standing Doctrines Help to Promote Judicial Restraint |journal=Federalism & Separation of Powers Practice Group Newsletter |date=1997 |volume=1 |issue=2 |url=https://fedsoc.org/commentary/publications/lewis-v-casey-a-case-study-in-how-standing-doctrines-help-to-promote-judicial-restraint |publisher=The Federalist Society}}
* {{cite journal |last1=Collins |first1=Daniel P. |title=Making Juries Better Factfinders |journal=Harv. J. L. & Pub. Pol'y |date=1996–1997 |volume=20 |page=489 |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/hjlpp20&div=39&id=&page=}} Hein paid access.

== External links ==
* {{FJC Bio|nid=6480596}}
* {{Ballotpedia|Daniel_Collins_(California)|Daniel Collins}}

{{s-start}}
{{s-legal}}
{{s-bef|before=[[Harry Pregerson]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States Court of Appeals for the Ninth Circuit]]}}|years=2019–present}}
{{s-inc}}
{{s-end}}

{{United States courts of appeals judges}}
{{Authority control}}

{{DEFAULTSORT:Collins, Daniel Paul}}
[[Category:1963 births]]
[[Category:Living people]]
[[Category:21st-century American lawyers]]
[[Category:21st-century American judges]]
[[Category:Assistant United States Attorneys]]
[[Category:California lawyers]]
[[Category:Federalist Society members]]
[[Category:Harvard University alumni]]
[[Category:Judges of the United States Court of Appeals for the Ninth Circuit]]
[[Category:Law clerks of the Supreme Court of the United States]]
[[Category:Lawyers from Los Angeles]]
[[Category:People associated with Munger, Tolles & Olson]]
[[Category:Stanford Law School alumni]]
[[Category:United States court of appeals judges appointed by Donald Trump]]
[[Category:United States Department of Justice lawyers]]

Daniel P. Collins - Revision history

Hembram Bakhul at 04:25, 1 July 2021