Appointment
On August 14,2019,President Donald Trump announced his intent to nominate Menashi to serve as a United States Circuit Judge of the United States Court of Appeals for the Second Circuit. [8] [14] [15] On September 9,2019,his nomination was sent to the Senate. That same day,the American Bar Association rated Menashi as "well qualified," its highest rating. [16]
On September 11,2019,a heated hearing on Menashi's nomination was held before the Senate Judiciary Committee. [17] During his hearing,Menashi was criticized by senators from both parties for refusing to answer their questions regarding the legal advice he gave on the Trump administration's immigration policies. [18] [19] He was also questioned about an article he had written in the University of Pennsylvania Journal of International Law on ethnonationalism and Israel,in which he argued that Israel's Jewish identity was consistent with its status as a liberal democracy. [20]
On November 7,2019,his nomination was reported out of committee by a 12–10 vote. [21] On November 13,2019,the United States Senate invoked cloture by a 51–44 vote. [22] On November 14,2019,his nomination was confirmed by a 51–41 vote. [23] He received his judicial commission on the same day. [24] He filled the seat vacated by Dennis Jacobs,who assumed senior status on May 31,2019. [25]
Notable opinions
In Henry v. County of Nassau (2d Cir. 2021),Menashi ruled that a prohibition on firearms ownership based on an ex parte order of protection violates the Second Amendment. [26]
In United States v. Donzinger (2d Cir. 2022),Menashi dissented when the Second Circuit upheld the corporate prosecution of environmental lawyer Steven Donziger. [27] [28] Menashi wrote that the prosecution,which had been initiated by a judge,violated the separation of powers put forth by the United States Constitution. The Supreme Court denied review of the case,but Justice Neil Gorsuch suggested that courts considering the appointment of their own prosecutors should "consider carefully Judge Menashi's dissenting opinion in this case." [29] [30] [31] [32]
In Fuld v. Palestine Liberation Organization and Waldman v. Palestine Liberation Organization (2d Cir. 2024),Menashi dissented from the Second Circuit's denial of en banc review in a decision in which it had concluded that it did not have personal jurisdiction over the Palestine Liberation Organization or the Palestinian Authority in suits concerning deaths and injuries to United States citizens from terrorist attacks overseas.
In Brinkmann v. Town of Southold (2d Cir. 2024),Menashi dissented to argue that the town of Southold,New York had violated the takings clause of the Fifth Amendment by using eminent domain to stop the property owners from building a hardware store on the land. [33] [34]
In United States v. Benjamin (2d Cir. 2024),Menashi wrote an opinion reinstating bribery and fraud charges against former Lieutenant Governor of New York Brian Benjamin. The government had alleged that Benjamin promised to allocate $50,000 in state funds to a non-profit organization controlled by a real estate developer in exchange for campaign contributions from the developer. Menashi opined that the indictment alleged an explicit quid pro quo . [35]
Donald Trump
Menashi has ruled in favor of Donald Trump in several cases.
First Amendment
Menashi has taken a broad view of First Amendment protections.
- In A.H. v. French (2d Cir. 2021),Menashi authored a decision that prevented Vermont from barring Christian school students from a statewide tuition program. [39] [40]
- In Kravitz v. Purcell (2d Cir. 2023),Menashi ruled in favor of a Jewish prisoner's religious liberty claim when prison officials prevented the inmate from observing a Jewish holiday. Menashi's opinion concluded that "a prisoner claiming a violation of the right to the free exercise of religion under Section 1983 need not make a showing of a substantial burden."
- In Slattery v. Hochul (2d Cir. 2023),Menashi wrote an opinion prohibiting the state of New York from enforcing a state labor law that would have required a pro-life "crisis pregnancy center" to hire employees who had previously had abortions. Menashi held that this violated the center's First Amendment right to freedom of expressive association. [41]
Immigration
Menashi has issued several consequential immigration law opinions.
- In Hassoun v. Searls (2d Cir. 2020),Menashi allowed the government to hold a Palestinian man in indefinite immigration detention after he completed a prison sentence for providing material support for terrorism under a "special circumstance" exception. [42]
- In United States v. Perez (2d Cir. 2021),Menashi wrote separately to argue that illegal immigrants do not possess Second Amendment rights because they are not citizens. [43]
- In Bhaktibhai-Patel v. Garland (2d Cir. 2022),Menashi ruled that the district court did not have jurisdiction to review an immigration judge's order that denied an immigrant's request for withholding of removal when that immigrant illegally re-entered the U.S. after having been removed previously. [44] [45]
- In Ojo v. Garland (2d Cir. 2022),Menashi dissented from the court's decision to vacate the denial of asylum for a Nigerian citizen convicted of wire fraud and identity theft charges. Menashi would have upheld the denial of asylum. [46]
Title IX
Menashi has issued a number of opinions interpreting Title IX of the Civil Rights Act of 1964.
- In Schiebel v. Schoharie Central School District (2d Cir. 2024),Menashi wrote the majority opinion ruling that a school can be liable for discrimination under Title IX by being deliberately indifferent to the truth or falsity of a sexual misconduct allegation against a male student. [47]
- In Soule v. Connecticut Assoc. of Schools,(2d Cir. 2023) (en banc),Menashi wrote separately to argue that a state athletic association could have been on notice that its policy,which allowed transgender athletes to participate in women's sports,violated Title IX. [48]
