Amir Ali – Nominee to the U.S. District Court for the District of Columbia (2025)

The Biden administration has tapped 39-year-oldcivil rights litigatorAmir H. Ali for a lifetime appointment to the federal bench on the U.S. District Court for the District of Columbia. Ali is the fifth Muslim American nominated as an Article III judge by President Biden. Prior to the start of the Biden administration, there had never been a MuslimArticle III judge in the history of the country.

Background

Amir Ali immigrated to the United States of America, eventually becoming anaturalized citizen. He received aB.S.E. in Software Engineering from the University of Waterloo in Ontario, Canada in 2008 and his J.D., magna cum laude, from Harvard Law School in 2011.

After graduating, Ali served as a law clerk for Judge Raymond C. Fisher on the U.S. Court of Appeals for the Ninth Circuit from 2011 to 2012 and Justice Marshall Rothstein on the Supreme Court of Canada from 2012 to 2013. Ali then joined Jenner & Block LLP in Washington, D.C. as an associate from 2013 to 2017. In 2018, he became Director of the Criminal Justice Appellate Clinic at Harvard Law School. Since 2021, he has been the President and Executive Director of the MacArthur Justice Center, overseeing the organization’s trial and appellate litigation. He replaced Locke Bowman, who served as Executive Directorfor almost 30 years.

Ali teaches at Harvard Law School, co-directing the law school’s Criminal Justice Appellate Clinic. He is a founding Board Member and Co-Chair of the nonprofit organization The Appellate Project.

History of the Seat

Ali has been nominated to replace Beryl Howell, who assumed senior status on February 1, 2024. Howell recently stepped down as chief judge of the court on March 16, 2023.

Legal Experience

Ali is a veteran litigator who has argued civil rights, racial justice and criminal defensecases at all levels in federal court. Ali has argued several major civil rights cases before the U.S. Supreme Court.In Welch v. United States (2016),Ali argued on behalf of Gregory Welch, whopleaded guilty to one count of being a felon in possession of a firearm in 2010 and had previously been convicted of three other felonies.The Armed Career Criminal Actenhanced themaximum sentence for aconvictedfelon from 10 yearsto a minimum of 15 years and a maximum of life imprisonment if the felon had three or more prior convictions for drug or violent felonies.Welch was subsequently sentenced to 15 years in prison.In the 2015 case Johnson v. United States, the United States Supreme Courtruled the Residual Clause of the Armed Career Criminal Act was unconstitutionally vague and a violation of due process. Ali represented Welch who filed a petition for certiorari resulting in a 7–1 decision the U.S. Supreme Court ruled that Johnson v. United States announced a substantive rule change and was thus retroactive with Justice Thomas being the lone dissenter.

In 2017, Ali filed a brief in Hawaii v. Trump challenging President Trump’s “Muslim ban” executive order. The brief asked for declaratory judgment and an injunction halting the order. Justice Sotomayor cited Ali’s brief in her dissenting opinion.

In 2018, Ali represented Gilberto Garza, Jr. in Garza v. Idaho before the United States Supreme Court. The case centered on two plea agreements Garza signed in 2015 which required him to waive his right to appeal. Garza then informed his trial counsel he wanted to appeal post sentencing, however his counsel declined to file a notice of appeal due to the waivers Garza signed. In a 6-3 decision, the court ruled in favor of the petitioner, reversing and remanding the case on the grounds that Garza’s trial counsel rendered ineffective assistance.

In 2018, the MacArthur Justice Center, in partnership with the Promise of Justice Initiative filed a petition for certiorarion behalf of Corey Williams in the U.S. Supreme Court. In 1998, Williams, who was an intellectually disabled 16-year-old child that had an IQ of 68, was accused and convictedof first-degree murder. Prosecutors sought the death penalty and Williams spent 20 years in Louisiana prison. In response to the petition to theU.S. Supreme Court, the Caddo Parish District Attorney’s Office agreed to the immediate release of Mr. Williams.

In 2022,Ali representedNavy veteran Larry Thompson before theU.S. Supreme Courtin Thompson v. Clark. Thompson’s sister-in-law called 911 to his Brooklyn, New York apartment, alleging he was sexually abusing his one-week-old child. Thompson refused to let police inside of his apartment without a search warrant. The four police officers dispatched to the apartment forced their way in, restrain Thompson who resisted and took him into custody for two days charging him with resisting arrest. After an investigation by law enforcement revealed no signs of child abuse, all charges were dismissed. Thompson filed suit against the four officers alleging they violated his Fourth Amendment rights. The case was dismissed at the trial level and on appeal to the Second Circuit Court of Appeals due to existing precedent, requiring Thompson to show that he had been affirmatively found innocent of committing the crimes in question.Thompson filed a petition for a writ ofcertiorariand in a6–3 opinion,the Supreme CourtruledThompson was not required to show that he had been affirmatively exonerated of committing the alleged crime and, instead, “need only show that his prosecution ended without a conviction.”

Ali worked with now U.S. Court of Appeals for the District of Columbia Circuit judge Bradley Garcia in a case raising important issues involving access to courts for indigent incarcerated people. Garcia took the lead on the case pro bono andAli said of him he “litigated the hell out of it,”.

Ali is currently representing the mother of Ahmaud Arbery in a civil suit against the people responsible for the murder of her son. Arbery was a 25-year-old black manmurdered while jogging in a neighborhood near Brunswick, Georgia on February 23, 2020.

Political Activity

Ali has numerous political contributions to his name. His donation recipients include President Joe Biden and Democrat candidates for boththe Georgia and Texas House of Representatives.

Overall Assessment

Despite Ali not reaching his 40thbirthday yet, he has a vast legal career with an extensive progressive pro bono portfolio. If confirmed, he could serve on the court for decades and likely will be on any Democrat president’s short list for elevation for the foreseeable future. Significant opposition from senate Republicans should be expected through the confirmation process. Senate Democrats (And possibly Vice President Harris) have the votes to confirm Ali if they can keep their caucus together with nearly a year left in President Biden’s term.

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