Bradley N. Garcia

Nominated for a Lifetime Position to:
United States Court of Appeals for the District of Columbia Circuit
Nomination Status:

SJC Hearing: July 27, 2022 (Read NCJW’s Letter to the Senate Judiciary Committee supporting his nomination)

SJC Markup: February 2, 2023

Cloture Vote: May 11, 2023

Senate Floor Vote: May 15, 2023

Fair? Yes
Independent? Yes
Qualified? Yes

NCJW supports Bradley N. Garcia. Here’s why:

Bradley N. Garcia currently serves as the Department of Justice’s Deputy Assistant Attorney General for the Office of Legal Counsel. From his time as a clerk for federal judges, including Supreme Court Justice Elana Kagan, to his time in private practice and in the federal government, Bradley Garcia has demonstrated a commitment to justice. In addition to his work as an attorney representing clients in high-stakes civil appeals and authoring legal briefs for federal and state appellate cases, Mr. Garcia has maintained an active pro bono practice which primarily focuses on constitutional, criminal, and immigration law. If confirmed, he would be the first Latino to serve on the influential DC Circuit, a critical step towards better representation for the Latinx community in the courts. 

Bradley N. Garcia’s stance on important issues:

Incarceration and Criminal Justice:

In 2018, Mr. Garcia successfully represented Stoney Lester pro-bono, an incarcerated individual who was wrongly designated as a career offender, creating new precedent favorable for future incarcerated individuals. Additionally, Mr. Garcia has worked on religious freedom issues for incarcerated and imprisoned individuals. 

Immigrant Rights:

In the case, United States v. Palomar-Santiago, a Mexican national who was previously granted permanent resident status in the US sought an affirmation from the Supreme Court that he met the required burden of proof to dismiss a previous indictment and thus block his deportation. Mr. Garcia represented Palomar-Santiago before the Supreme Court, arguing that the respondent was entitled to the defense of invalid removal under a newly established law which held his crime as a non-removable offense.

Judicial Temperament: 

Judge Thomas Griffith of the DC Circuit, reflecting on his former law clerks, said Mr. Garcia was both “humble,” and a stand-out clerk, notable for his careful listening and “powerful” additions to discussions in chambers. Jonathan Hacker, chair of O’Melveny’s Supreme Court and Appellate Practice, has lauded Mr. Garcia as a “successful advocate,” whose “modesty,” “good humor,” and “razor-sharp intellect [..] will make him a terrific appellate judge and an effective member of a collegial court like the D.C. Circuit.”

Experience and Pro Bono Work:

After graduating from Harvard Law School, Mr. Garcia clerked for Judge Thomas Griffith of the US Court of Appeals for the DC Circuit from 2011-2012 and Associate Justice Elena Kagan of the US Supreme Court from 2012-2013. Following his clerkships, Mr. Garcia joined O’Melveny & Myers as a litigator for their Supreme Court and Appellate Practice where he engaged in criminal law, insurance coverage, patent rights, and federal procedure, among other complex issue areas. In this role, Mr. Garcia authored numerous briefs for the US Supreme Court and other federal appellate courts, and in particular was considered instrumental in shaping the arguments that led to a success by O’Melveny before the Supreme Court in China Agritech, Inc v. Michael H. Resh. In 2020, he was elected to O’Melveny’s partnership. In January of 2022, Mr. Garcia was appointed as Deputy Assistant Attorney General for the US Department of Justice’s Office of Legal Counsel, the position he serves in today. Mr. Garcia has actively engaged in pro bono work while arguing over a dozen appeals in both federal and state appellate courts, including United States v. Palomar-Santiago before the US Supreme Court and representation of a group of prisoners who were denied their freedom of religion.

Education and Awards:

Mr. Garcia earned his BA in international studies and economics from Johns Hopkins University in 2008 and his JD, magna cum laude, from Harvard Law School in 2011. In 2018, he was the recipient of the O’Melveny Firm’s “Warren Christopher Values Award,” which highlights attorneys who demonstrate excellence, leadership, and citizenship.

Professional Affiliations:

Mr. Garcia is currently a Board Member of the MacArthur Justice Center’s Supreme Court and Appellate Advisory Board.


Because #CourtsMatter, NCJW believes all federal judges must be:

Fair

Do they respect equality and justice for all and understand the impact of the law on everyone?

Independent

Are they impartial, nonpartisan, and not influenced by outside parties or interests?

Qualified

Have they been objectively assessed for their experience, competence, principles, and temperament?

I want federal judges who are fair, independent, and qualified.