On October 10, 2018, President Trump announced his intent to nominate Bumatay to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. Both U.S. Senators from California, Dianne Feinstein and Kamala Harris, announced their opposition to his nomination, saying they had not included Bumatay's name among those they recommended for the 9th Circuit. On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat vacated by Judge Alex Kozinski, who retired on December 18, 2017. On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On September 20, 2019, President Donald Trump announced his intent once again to nominate Bumatay to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. Bumatay is the first Filipino American to serve as an Article III federal appellate judge and the first openly gay judge on the 9th Circuit. On October 15, 2019, his nomination was sent to the Senate. President Trump nominated Bumatay to the seat being vacated by Judge Carlos Bea, who previously announced his intention to take senior status on a date to be determined. On October 30, 2019, a hearing on Bumatay's nomination was held before the Senate Judiciary Committee. On November 21, 2019, his nomination was reported out of committee by a 12–10 vote. On December 9, 2019, the Senate invoked cloture by a vote of 47–41. On December 10, 2019, the Senate confirmed his nomination by a 53–40 vote. He received his judicial commission on December 12, 2019.
Notable cases
In February 2020, Bumatay dissented from a denial of rehearing en banc in which a three-judge panel ruled that the denial of sex-reassignment surgery to an Idaho prisoner violated the Eighth Amendment. In his dissent, Bumatay argued that "the panel's decision elevates innovative and evolving medical standards to be the constitutional threshold for prison medical care. In doing so, the panel minimizes the standard for establishing a violation of the Eighth Amendment."
Withdrawn nomination to district court
On January 30, 2019, President Trump announced his intent to nominate Bumatay to a seat on the United States District Court for the Southern District of California. On February 6, 2019, his nomination was sent to the Senate. He was nominated to the seat vacated by Marilyn L. Huff, who took senior status on September 30, 2016. His nomination was withdrawn on October 15, 2019, when he was once again nominated to a seat on the United States Court of Appeals for the Ninth Circuit.
