Alison Nathan
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Alison Julie Nathan (born June 18, 1972) is an American lawyer who has served as a
United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...
of the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...
since 2022. She served as a United States district judge of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
from 2011 to 2022. She previously served as associate White House counsel for President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
.


Early life and education

Nathan was born on June 18, 1972, in
Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
. Nathan was raised in northwest suburban Philadelphia. While at university, Nathan studied
philosophy Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...
and
Japanese Japanese may refer to: * Something from or related to Japan, an island country in East Asia * Japanese language, spoken mainly in Japan * Japanese people, the ethnic group that identifies with Japan through ancestry or culture ** Japanese diaspor ...
. Nathan earned a
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in 1994 from
Cornell University Cornell University is a Private university, private Ivy League research university based in Ithaca, New York, United States. The university was co-founded by American philanthropist Ezra Cornell and historian and educator Andrew Dickson W ...
, where she was a member of the
Quill and Dagger Quill and Dagger is a senior honor society at Cornell University, founded in 1893. In 1929, ''The New York Times'' stated that election into Quill and Dagger and similar societies constituted "the highest non-scholastic honor within reach of unde ...
society. She taught
English English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish ter ...
in
Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...
from 1994 to 1995, then was an editor of an English-language newspaper in
Bangkok Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estim ...
from 1995 to 1996. She later attended
Cornell Law School Cornell Law School is the law school of Cornell University, a private university, private, Ivy League university in Ithaca, New York. One of the five Ivy League law schools, Cornell Law School offers four degree programs (Juris Doctor, JD, Maste ...
, where she was editor-in-chief of the ''
Cornell Law Review The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Revi ...
''. She graduated in 2000 with a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
, ''magna cum laude''. In a ''
New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''
obituary An obituary (wikt:obit#Etymology 2, obit for short) is an Article (publishing), article about a recently death, deceased person. Newspapers often publish obituaries as Article (publishing), news articles. Although obituaries tend to focus on p ...
of Judge
Deborah Batts Deborah Anne Batts (April 13, 1947 – February 3, 2020) was a United States district judge of the United States District Court for the Southern District of New York. During Gay Pride Week in June 1994, Batts was sworn in as a United States distr ...
, Nathan remembered Batts as an inspiration. Nathan also wrote in a tribute to Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
that "When I review work from my law clerks, I will often leave a supportive note like the ones he left me and my co-clerks: 'Nice job. Just a few fly specks.


Career

From 2000 until 2001, Nathan served as a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
for
Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District ...
judge
Betty Binns Fletcher Betty Binns Fletcher (March 29, 1923October 22, 2012) was an American lawyer and judge. She served as a United States circuit judge of the San Francisco-based United States Court of Appeals for the Ninth Circuit between 1979 and 2012. Fletcher wa ...
. From 2001 until 2002, Nathan served as a law clerk for Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
. From 2002 until 2006, Nathan served as an associate in the New York and Washington, D.C. offices of the law firm
Wilmer Cutler Pickering Hale and Dorr Wilmer Cutler Pickering Hale and Dorr LLP, also known as WilmerHale, is an American multinational law firm with offices in the United States, Europe, and Asia. Co-headquartered in Washington, D.C., and Boston, it was formed in 2004 through the m ...
. During the 2004 presidential campaign season, she was
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician, and diplomat who served as the 68th United States secretary of state from 2013 to 2017 in the Presidency of Barack Obama#Administration, administration of Barac ...
's associate national counsel on the Kerry-Edwards presidential campaign. From 2006 until 2008, Nathan served as a visiting associate professor of law at
Fordham University School of Law Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. According to Fordham University School of Law's ABA- ...
. Nathan was also a Fritz Alexander fellow at the New York University School of Law from 2008 until 2009. As an Adjunct Professor of Clinical Law at NYU, her academic focus was on "civil procedure, federal courts,
habeas ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
, and the constitutionality of the U.S. death penalty system". From 2009 until 2010, Nathan served as
special assistant to the president Special or specials may refer to: Policing * Specials, Ulster Special Constabulary, the Northern Ireland police force * Specials, Special Constable, an auxiliary, volunteer, or temporary; police worker or police officer * Special police forces Mi ...
and associate White House counsel in the
Barack Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...
. From 2010 until her appointment as a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
, Nathan worked in the
New York State Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...
's Office as a special counsel to the state's
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
, Barbara Underwood. In 2016, Nathan was a guest judge for
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
's
Ames Moot Court Competition The Ames Moot Court Competition is the annual upper level moot court competition at Harvard Law School. It is designed and administered by the HLS Board of Student Advisers and has been in existence since 1911, when it was founded by a bequest in h ...
.


Federal judicial service


District court service

On March 31, 2011, President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
nominated Nathan to a seat on the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
to replace Judge
Sidney H. Stein Sidney Harold Stein (born July 16, 1945) is a senior United States district judge of the United States District Court for the Southern District of New York. Education and career Born in Passaic, New Jersey, Stein was a New York Army National Guar ...
, who assumed senior status in 2010. Obama made the appointment upon the recommendation of Senator
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from New York (state), New York, a seat he has held since 1999. ...
. On June 8, 2011, a hearing on her nomination was held before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
. On July 14, 2011, her nomination was favorably reported by the committee in a 14–4 vote. The
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
confirmed her nomination by a 48–44 vote on October 13, 2011. She received her judicial commission four days later. Nathan is recorded as the second openly gay jurist on the federal bench, after
Deborah Batts Deborah Anne Batts (April 13, 1947 – February 3, 2020) was a United States district judge of the United States District Court for the Southern District of New York. During Gay Pride Week in June 1994, Batts was sworn in as a United States distr ...
. Since her appointment in 2013, Nathan has supported changes to the clerkship system under what has been known as the Law Clerk Hiring Plan. While on the federal bench, Nathan has been adjunct professor of Clinical Law at the
New York University School of Law The New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it was the first law school established in New York City and is the oldest survivin ...
. Her service on the district court terminated on March 31, 2022, when she was elevated to the court of appeals.


Notable cases

In 2014, following the U.S. Supreme Court decision in '' American Broadcasting Cos., Inc. v. Aereo, Inc.'', Nathan entered a
preliminary injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable reme ...
that blocked Aereo from streaming live TV to devices.
American Broadcasting Cos., Inc. v. Aereo, Inc.
' (S.D.N.Y. October 23, 2014).
In April 2020, Nathan criticized a
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a Federal law enforcement in the United States, federal law enforcement agency of the United States Department of Justice that is responsible for all List of United States federal prisons, federal prisons ...
practice of putting early released inmates into special
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
quarantines which defied inmates' court-approved early release and the law; Nathan said that such policies were "illogical" and "
Kafkaesque Franz Kafka (3 July 1883 – 3 June 1924) was a novelist and writer from Prague who was Jewish, Austrian, and Czech and wrote in German. He is widely regarded as a major figure of 20th-century literature. His work fuses elements of real ...
". She granted some inmates compassionate release due to the pandemic, allowing them to leave prison early. In 2020 and 2021, Nathan presided over the bail hearings and trial for
Ghislaine Maxwell Ghislaine Noelle Marion Maxwell ( ; born 25 December 1961) is a British-French-American former socialite and convicted sex offender. She was found guilty of child sex trafficking and other offences in connection with the deceased financier and ...
, who was indicted on federal charges of conspiring and participating with
Jeffrey Epstein Jeffrey Edward Epstein ( , ; January 20, 1953August 10, 2019) was an American financier and child sex offender. Born and raised in New York City, Epstein began his professional career as a teacher at the Dalton School, despite lacking a col ...
in the sexual abuse of minors. Nathan ordered Maxwell detained pending trial, denying Maxwell's four bail applications on the ground that she presented a substantial risk of flight. Nathan's rulings were all upheld by the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...
. Maxwell was convicted following a
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...
on five sex trafficking-related counts, and in June 2022, Nathan sentenced Maxwell to 20 years' imprisonment. In 2020, Nathan issued an unusual decision strongly criticizing the U.S. attorney's office in Manhattan, and its leadership, for their handling of the high-profile case of
Ali Sadr Hasheminejad Ali Sadr Hashemi Nejad also known as Ali Sadr, is an American businessman. In 2018, he fought federal charges brought against him for allegedly violating the U.S. sanctions against Iran in connection to a construction project of low-income hous ...
. Sadr, a businessman, had been convicted of evading U.S.
sanctions against Iran There have been a number of international sanctions against Iran imposed by a number of countries, especially the United States, and international entities. Iran was the most sanctioned country in the world until it was surpassed by Russia, follo ...
, but the charges were dismissed after prosecutors admitted that the government had failed to make required ''Brady'' disclosures of evidence to the defendant and had made misrepresentations to the court. The prosecutor's office said that prosecutors had not "acted in bad faith or intentionally withheld exculpatory information". Nathan wrote, "The manifold problems that have arisen throughout this prosecution — and that may well have gone undetected in countless others — cry out for a coordinated, systemic response from the highest levels of leadership within the United States attorney's office for the Southern District of New York." In 2021, Nathan presided over a
bench trial A bench trial is a trial by judge, as opposed to a jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman, Islamic) use bench trials ...
regarding the ownership of the '' Guennol Stargazer'', a rare
idol Idol or Idols may refer to: Religion and philosophy * Cult image, a human-made object that is venerated or worshipped for the deity, spirit or daemon that it embodies or represents * Murti, a devotional image of a deity or saint used during puja ...
dating between 4800 and 4100 BCE that likely originated in what is now Turkey's
Manisa Province Manisa Province () is a Provinces of Turkey, province and Metropolitan municipalities in Turkey, metropolitan municipality in western Turkey. Its area is 13,339 km2, and its population is 1,468,279 (2022). Its neighboring provinces are İzmi ...
. The Turkish government sued the auction house
Christie's Christie's is a British auction house founded in 1766 by James Christie (auctioneer), James Christie. Its main premises are on King Street, St James's in London, and it has additional salerooms in New York, Paris, Hong Kong, Milan, Geneva, Shan ...
and the idol's owner,
Michael Steinhardt Michael H. Steinhardt (born December 7, 1940) is an American billionaire Hedge fund, hedge fund manager, philanthropist, and former antiquities collector. In 1967, he founded a hedge fund, Steinhardt Partners which he ran until he closed it in 19 ...
, alleging that the planned sale of the ancient
marble Marble is a metamorphic rock consisting of carbonate minerals (most commonly calcite (CaCO3) or Dolomite (mineral), dolomite (CaMg(CO3)2) that have recrystallized under the influence of heat and pressure. It has a crystalline texture, and is ty ...
artifact violated a 1906 Ottoman decree. Nathan rejected Turkey's claim, finding that there was insufficient evidence to show the artifact, which had been exhibited in the
Metropolitan Museum of Art The Metropolitan Museum of Art, colloquially referred to as the Met, is an Encyclopedic museum, encyclopedic art museum in New York City. By floor area, it is the List of largest museums, third-largest museum in the world and the List of larg ...
for decades, had been excavated after 1906. Nathan also held that Turkey's claim was in any case barred by laches, since it had waited too long to pursue its claim.


Court of appeals service

In 2021, Senator
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from New York (state), New York, a seat he has held since 1999. ...
recommended Nathan to President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
for a vacancy on the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...
. On November 17, 2021, Biden announced his intent to nominate Nathan to fill the vacancy; her nomination was sent to the Senate the following day. Biden nominated Nathan to the seat being vacated by Judge Rosemary S. Pooler, who announced her intent to assume senior status upon confirmation of her successor. PN1424 — Alison J. Nathan — The Judiciary
117th Congress (2021-2022),
Congress.gov Congress.gov is the online database of United States Congress legislative information. Congress.gov is a joint project of the Library of Congress, the House, the Senate and the Government Publishing Office. Congress.gov was in beta in 2012, and ...
.
On December 15, 2021, a hearing on her nomination was held before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
. During her confirmation hearing, Republican senators criticized her decision to grant some prison inmates early release during the
COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...
and her prior writings (as a law professor and attorney in private practice) in opposition to the death penalty. On January 3, 2022, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
; she was renominated the same day. On January 20, 2022, her nomination was reported out of committee by a 13–9 vote. On March 14, 2022, Majority Leader
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from New York (state), New York, a seat he has held since 1999. ...
filed
cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
on her nomination. On March 17, 2022, the Senate invoked cloture on her nomination by a 51–44 vote. On March 23, 2022, her nomination was confirmed by a 49–47 vote. She received her judicial commission on March 30, 2022. She became the second openly LGBTQ judge to serve on the 2nd Circuit.


Personal life

Nathan is married to Meg Satterthwaite, a professor at
NYU New York University (NYU) is a private research university in New York City, New York, United States. Chartered in 1831 by the New York State Legislature, NYU was founded in 1832 by Albert Gallatin as a non-denominational all-male institutio ...
School of Law. They are parents to twin sons. Nathan officiated the wedding of fellow district judge
J. Paul Oetken James Paul Oetken ( ; born October 1, 1965), known professionally as J. Paul Oetken, is a United States district judge of the United States District Court for the Southern District of New York. He is the first openly gay man to be confirmed as ...
in 2014.


See also

*
Barack Obama Supreme Court candidates President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the Unite ...
*
Joe Biden Supreme Court candidates With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his vi ...
*
List of first women lawyers and judges in New York A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but ...
*
List of Jewish American jurists This is a list of notable Jewish American jurists. For other famous Jewish Americans, see Lists of American Jews. Supreme Court of the United States United States courts of appeals United States district courts * Ronnie Abrams, J ...
*
List of law clerks of the Supreme Court of the United States (Seat 4) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each Associate Justice is permitted to employ four law clerks per Court term; the Chief ...
*
List of LGBT jurists in the United States This is a list of openly LGBTQ Americans who are or were judges, magistrate judges, court commissioners, or administrative law judges in the United States and its federal district and territories. If known, it will be listed if a judge has served ...


References


External links

* * , - {{DEFAULTSORT:Nathan, Alison 1972 births Living people 21st-century American LGBTQ people 21st-century American women judges Cornell Law School alumni Fordham University faculty Judges of the United States District Court for the Southern District of New York Judges of the United States Court of Appeals for the Second Circuit Law clerks of the Supreme Court of the United States LGBTQ appointed officials in the United States LGBTQ judges American LGBTQ lawyers LGBTQ people from Pennsylvania New York University School of Law faculty United States court of appeals judges appointed by Joe Biden United States district court judges appointed by Barack Obama Wilmer Cutler Pickering Hale and Dorr associates Associate White House counsels