On March 24,1999,President Bill Clinton nominated Alsup to a seat on the United States District Court for the Northern District of California vacated by Thelton Henderson.[4] Alsup was confirmed by the United States Senate on July 30,1999,and received his commission on August 17,1999. He assumed senior status on January 21,2021.[5]
Notable cases
Alsup presided over the 2012 and 2016 jury trials in Oracle America,Inc. v. Google,Inc.,[6] which concerns the APIs of Java SE and Android. He drew media attention for his familiarity with programming languages,at one point criticizing Oracle counsel David Boies for arguing that the Java function rangeCheck was novel,saying that he had "written blocks of code like rangeCheck a hundred times or more".[7] Alsup was widely described as having learned Java in order to better understand the case,[8] although a 2017 profile in The Verge stated that he had not learned a significant amount of Java,but had rather applied his knowledge as a longtime hobbyist BASIC programmer.[7] The Federal Circuit overturned his determination that the Java API was not copyrightable.[9] In 2021 the U.S. Supreme Court made no decision on copyrightability but decided that,even if copyright existed,Google's use of the API had been fair use and so not unlawful.[10]
Alsup was also the presiding judge in what is believed to be the first trial against the U.S. no-fly policy,which is a list of people who cannot use commercial aircraft in the United States. Regarding the removal of people incorrectly included in the list,he ruled that,"[t]he government's administrative remedies fall short of such relief and do not supply sufficient due process."[11]
In August 2020,Judge Alsup sentenced Anthony Levandowski to 18 months in prison for one count of trade secret theft,[12] for stealing technology from Google's Waymo to found Otto,a self driving startup,then selling it to Uber six months later for $680 million.[13] In May 2017,Judge Alsup had ordered Levandowski to refrain from working on Otto's Lidar and required Uber to disclose its discussions on the technology.[14]
In September 2017, Judge Alsup was assigned four cases by parties suing to halt President Trump's decision to end the Deferred Action for Childhood Arrivals program created by Barack Obama.[15] On December 20, the Supreme Court unanimously issued an opinion urging Judge Alsup to consider arguments by the Trump administration that ending DACA was within executive authority and is not reviewable by federal courts.[16]
On January 9, 2018, he granted a temporary injunction halting President Trump's rescission of DACA.[17]
On July 27, 2018, Judge Alsup dismissed a lawsuit targeting ExxonMobil on the basis that two California cities, San Francisco and Oakland, could not prove the energy company was responsible for climate change in the state.[18]
Student loans
On November 17, 2022, Alsup ruled in favor of 200,000 student loan borrowers in a class action lawsuit who claim that they were defrauded by for-profit colleges/universities. Alsup calls the program's backlog "an impossible quagmire... As of now, approximately 443,000 borrowers have pending borrower-defense applications. That is a staggering number. If, hypothetically, the Department's Borrower Defense Unit had all 33 of its claim adjudicators working 40 hours a week, 52 weeks a year (no holidays or vacation), with each claim adjudicator processing two claims per day, it would take the Department more than twenty-five years to get through the backlog." Alsup's ruling was based on borrower defense, which allows students to have their loans forgiven if the university lies to them about their job prospects, credit transferability or likely salary after graduation.[19]
Mass firings
On February 27, 2025, Alsup ruled that mass firings ordered by the Office of Personnel Management are likely illegal. The mass firings included employees from the Department of Defense, Park Service, Bureau of Land Management, and National Science Foundation. Alsup asked, "How could so much of the workforce be amputated, suddenly, overnight? It’s so irregular and so widespread and so aberrant in the history of our country. How could this all happen with each agency deciding on its own to do something so aberrational?" Alsup said as he handed down the ruling Thursday evening in federal court in San Francisco, “The Office of Personnel Management does not have any authority whatsoever, under any statute in the history of the universe, to hire and fire employees at another agency. They can hire and fire their own employees.”[20][21]
Interest in Sierra hiking and history
Alsup has spent much time in the Sierra Nevada mountains and published a book telling the story of the search for notable mountaineer Walter A Starr, Jr.[22][23]
Awards and recognition
2013: Tara L. Riedley Barristers Choice Award, Bar Association of San Francisco 2013: Award of recognition from Lewis and Clark Law School.[24]
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