Know a Nominee: Judge Joseph Bianco to the Second Circuit Court of Appeals

(Updated 5/8/19): The Senate on Wednesday voted 54-42 to confirm Judge Joseph Bianco to the Second Circuit Court of Appeals.

The Senate is expected to consider the nomination of Judge Joseph Bianco to the Second Circuit Court of Appeals this week, beginning with a procedural vote on Monday. Here’s what you need to know about the nominee:

Who is he?

• Judge Joseph Bianco, 52, has served as a federal judge for the Eastern District of New York since January 2006 after being confirmed by voice vote in the Senate. In that role, he has presided over high-profile murder trials of MS-13 gang members on Long Island.
• Bianco earned his law degree from Columbia Law School and clerked for Judge Peter Leisure of the Southern District Court of New York.
• Following a brief stint in private practice, Bianco worked from 1994 to 2003 as an assistant federal prosecutor in the Southern District of New York, where for a time he was the leader of the team prosecuting crimes related to the September 11 terror attacks.
• He then returned to private practice before rejoining the Justice Dept. as a Deputy Assistant Attorney General in the Criminal Division prior to his confirmation as a federal judge.
• Bianco is married with six children and is an ordained Roman Catholic deacon. He has taught at law schools since 2002 and is currently an adjunct professor at St. John’s University.

What’s the outlook for his confirmation?

• The Senate Judiciary advanced Bianco’s nomination on a party-line 12-10 vote with all Democrats in opposition and all Republicans in favor.
• New York’s Democratic senators, Minority Leader Chuck Schumer and presidential contender Kirsten Gillibrand, refused to return a “blue slip” to signal their support for Bianco’s nomination as his home state senators. However, the Senate no longer allows the lack of a returned blue slip to block a judicial nomination.
• Bianco received a unanimous rating of “well qualified” from the American Bar Association.

What does it mean for the Second Circuit?

• Bianco’s confirmation would fill a position on the Second Circuit Court of Appeals that became vacant on September 5, 2016, when Judge Gerard Lynch (an Obama appointee) assumed senior status. His duty station would be in Brooklyn, New York.
• The Second Circuit has 13 active judgeships of whom one was appointed by George H.W. Bush, three by Bill Clinton, two by George W. Bush, four by Barack Obama, and one by Donald Trump (there are two vacancies prior to Bianco’s confirmation).

— Eric Revell

(Photo Credit: iStock / imaginima)