Daniel Paul Collins

Daniel P. Collins (born 1963) is an American attorney and jurist who has served as a United States circuit judge on the Ninth Circuit Court of Appeals since 2019. Appointed by President Donald J. Trump, he occupies a seat that was previously held by Judge Harry Pregerson. Prior to his elevation to the federal bench, Collins built a career that combined private practice, service in the Department of Justice, and experience as a federal prosecutor. His judicial work on the Ninth Circuit includes participation in several high‑profile cases involving constitutional questions, executive authority, and qualified‑immunity doctrine.

Early life and legal career

Collins earned his undergraduate degree at Harvard College, graduating summa cum laude with a Bachelor of Arts. He continued his studies at Stanford Law School, receiving a Juris Doctor in 1988. While at Stanford, he contributed to the Stanford Law Review, an experience that introduced him to scholarly legal writing and analysis.

Following law school, Collins entered the federal judiciary as a clerk for Judge Dorothy Wright Nelson of the Ninth Circuit from 1988 to 1989. He later returned to the appellate level as a clerk for Justice Antonin Scalia of the United States Supreme Court during the 1991‑1992 term. These clerkships provided exposure to both circuit and supreme court jurisprudence early in his career.

Collins subsequently joined the United States Attorney’s Office for the Central District of California, serving as an assistant United States attorney. In that capacity he prosecuted federal crimes and represented the government in civil matters. He later moved to the Department of Justice’s Office of Legal Counsel, where he worked as an attorney‑advisor providing legal opinions on a range of issues affecting the executive branch.

Advancing within the DOJ, Collins was appointed Associate United States Deputy Attorney General. In that senior role he participated substantially in drafting legislation, most notably contributing to the development of the PROTECT Act of 2003, which addressed child exploitation and related offenses.

In 2003 Collins entered private practice as a partner at the Los Angeles‑based firm Munger, Tolles & Olson. Over sixteen years he handled complex civil litigation, commercial disputes, and regulatory matters. During his tenure at the firm, he was considered for the position of United States Attorney for the Central District of California in 2007, although another candidate ultimately received the appointment. In 2009, Collins represented Philip Morris in a lawsuit challenging San Francisco’s attempt to ban tobacco sales in drug stores, reflecting his involvement in high‑stakes commercial litigation.

Collins also contributed to the development of federal procedural rules. In 2017 he served on the Federal Courts Advisory Committee on Evidence Rules, offering guidance on evidentiary standards that affect trial courts nationwide. His scholarly output includes articles such as “Lewis v. Casey: A Case Study in How Standing Doctrines Help to Promote Judicial Restraint” (1997) and “Making Juries Better Factfinders” (1996‑1997), demonstrating an ongoing engagement with legal theory and practice.

Federal appellate service

President Donald J. Trump announced his intent to nominate Collins to the Ninth Circuit on October 10, 2018. The nomination targeted the vacancy created when Judge Harry Pregerson assumed senior status on December 11, 2015. Shortly after the announcement, Senator Dianne Feinstein publicly expressed that she had not been consulted and indicated opposition to Collins’s confirmation, along with two other circuit nominees.

Collins’s initial nomination was transmitted to the Senate on November 13, 2018. Under Senate Rule XXXI, Paragraph 6, the nomination was returned to the President on January 3, 2019. The President renominated him on January 30, 2019, and the renewed nomination was sent to the Senate on February 6, 2019.

The Senate Judiciary Committee held a hearing on Collins’s qualifications on March 13, 2019. Following deliberations, the committee reported his nomination out of committee on April 4, 2019 by a vote of 12–10. The full Senate invoked cloture on May 20, 2019 with a 51–43 vote, limiting further debate. On the subsequent day, May 21, 2019, the Senate confirmed Collins by a 53–46 vote. He received his judicial commission the following day, May 22, 2019, and entered active service on the Ninth Circuit.

In the months after joining the court, several of Collins’s fellow judges noted that he raised objections to certain panel decisions and questioned procedural rulings in language described as combative. Reports indicated that he was unusually proactive in seeking review of three‑judge panel opinions, a practice that some colleagues regarded as unprecedented for a newly appointed circuit judge.

Collins continues to sit on the Ninth Circuit, hearing appeals from federal district courts across nine western states and two Pacific Island jurisdictions. His docket reflects the broad jurisdictional reach of the circuit, encompassing immigration, environmental regulation, civil rights, and commercial law.

Jurisprudence and legacy

Since assuming his appellate duties, Judge Collins has authored opinions and dissents that illustrate his approach to statutory interpretation, executive authority, and individual rights. On May 22, 2020, he filed a dissent in a 2–1 panel decision upholding California Governor Gavin Newsom’s order closing churches during the COVID‑19 pandemic. The majority found the restriction constitutional; Collins argued otherwise. The United States Supreme Court later declined to overrule the Ninth Circuit’s ruling on May 29, although the case’s focus shifted from the constitutionality of closures to limits on church capacity.

A week later, on June 26, 2020, Collins dissented in two separate 2–1 decisions that held President Trump’s reallocation of $2.5 billion in military funds for construction of sections of a border wall in California, Arizona, and New Mexico was unlawful. In both instances the majority concluded that the appropriation violated statutory limits; Collins maintained that the executive actions were permissible.

In April 2021, Collins issued a partial dissent in a qualified‑immunity case involving a 13‑year‑old who was coerced into confessing to a murder he did not commit. While the majority granted the police officers limited immunity, Collins would have extended full qualified immunity to the officers, reflecting his view on the scope of protection afforded to law‑enforcement officials in such circumstances.

Collins also authored an opinion in *Brach v. Newsom* that held private schools were exempt from certain COVID‑19 restrictions imposed by the state. The decision underscored his interpretation of statutory exemptions and the balance between public health measures and educational institutions’ autonomy.

Beyond casework, Collins’s earlier service on the Federal Courts Advisory Committee on Evidence Rules continues to influence evidentiary standards in federal courts. His scholarly articles contribute to ongoing discussions about standing doctrine and jury effectiveness, topics that remain relevant to both practitioners and scholars.

Collectively, Judge Daniel P. Collins’s career reflects a trajectory from elite academic training through varied governmental roles to private practice and ultimately to the federal appellate bench. His judicial opinions demonstrate engagement with complex constitutional questions and an inclination toward scrutinizing executive actions. While his early tenure on the Ninth Circuit generated discussion among colleagues regarding procedural challenges, his continued participation in the court’s jurisprudence adds a distinct voice to one of the nation’s most influential appellate jurisdictions.