The U.S. Senate has confirmed Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the United States Court of Appeals for the First Circuit, marking a significant shift in the court’s composition. The confirmation vote concluded with a 52-46 majority, reflecting a predominantly partisan divide.
Dunlap’s appointment fills the vacancy left by Judge William J. Kayatta Jr., who retired on October 31, 2024. Judge Kayatta, appointed by President Barack Obama in 2013, had been part of a bench predominantly composed of judges appointed by Democratic presidents. Dunlap’s confirmation introduces a Republican-appointed judge to the First Circuit, altering its longstanding composition.
Born in Waterville, Maine, in 1983, Dunlap graduated summa cum laude from Pensacola Christian College in 2005 and earned his Juris Doctor, also summa cum laude, from Notre Dame Law School in 2008. He served as a law clerk for Judge Paul J. Kelly Jr. of the U.S. Court of Appeals for the Tenth Circuit before joining Pierce Atwood in 2009. At the firm, he co-chaired the Appellate & Amici team, focusing on appellate, intellectual property, product liability, and cybersecurity law.
During his confirmation hearing, Dunlap emphasized his commitment to impartiality, stating that “the law should be available to all and applied impartially and fairly to every litigant.” His nomination received a unanimous “Well Qualified” rating from the American Bar Association, the highest possible endorsement for a judicial nominee.
However, Dunlap’s nomination was not without controversy. A coalition of 20 Maine organizations opposed his appointment, citing concerns over his positions on reproductive and LGBTQ+ rights, as well as his history of defending large corporations. These groups urged Senator Susan Collins to reject the nomination, highlighting Dunlap’s support for fetal personhood, opposition to marriage equality, and ties to anti-LGBTQ+ groups.
Despite these objections, Senator Collins supported Dunlap’s nomination, stating that his “professionalism and experience… make him an excellent choice for the First Circuit.” She emphasized his exceptional legal skill and integrity, noting his distinguished record in appellate and trial courts.
With Dunlap’s confirmation, the First Circuit Court of Appeals now includes a Republican-appointed judge, ending the previous dominance of Democratic appointees. This change is expected to influence the court’s decisions on a range of issues, reflecting the evolving dynamics of the federal judiciary.