Watford's decision creates the first new appellate court vacancy for President Joe Biden to fill since the Democrats successfully kept control of the U.S. Senate in the midterm elections.
Watford, 55, is resigning from his life-tenured, $236,900-a-year position before becoming eligible for retirement or senior status at age 65, drawing comparisons from legal experts on Twitter to past judges who left the bench young for financial reasons.he sent to Biden, Watford did not explain why he was stepping down but called deciding to do so come May 31, "one of the most difficult decisions I have had to make in my life."U.S.
Watford said he was "not sure yet what I will be doing next, but I anticipate returning to private practice." He had been a partner at Munger, Tolles & Olson in Los Angeles prior to his appointment to the 9th Circuit, the largest of the federal appeals courts. Watford, a onetime clerk to former Supreme Court Justice Ruth Bader Ginsburg, was considered by Obama as a potential nominee to succeed conservative U.S. Supreme Court Justice Antonin Scalia following his death in 2016.The decision to not consider Garland, now Biden's attorney general, left a seat open that Republican President Donald Trump was able to fill with his own choice, Neil Gorsuch, after winning the White House.
On the 9th Circuit, Watford wrote the majority opinion in a 7-4 en banc ruling in 2014 striking down as unconstitutional a Los Angeles ordinance that let police view hotel guest registries without warrants. The Supreme Court voted 5-4 to affirm in 2015., Watford wrote for a three-judge panel in August in finding that posts that a Arizona police sergeant made on his personal Facebook page denigrating Muslims that led to him being disciplined were protected free speech.
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