Kenneth Kiyul Lee

Kenneth Kiyul Lee (born 1975) is a United States circuit judge on the Ninth Circuit Court of Appeals. Appointed by President Donald J. Trump and confirmed in 2019, he became the first Article III federal judge born in the Republic of Korea and the second Korean‑American to serve on the Ninth Circuit. His career spans clerking for an appellate judge, practicing at major law firms, serving in the executive branch, teaching law, and handling a broad range of civil litigation.

Early life and legal career

Kenneth Kiyul Lee was born in Seoul, South Korea, in 1975. When he was four years old his family moved to the United States after the 1979 military coup in his native country. The family settled in Los Angeles, California, where they lived in the city’s Koreatown neighborhood. His father operated a spray‑paint equipment repair shop and his mother worked as both a pharmacist and an acupuncturist. Although neither parent spoke English, they emphasized proficiency in the language for their son and discouraged attendance at Korean‑language churches.

Lee attended high school in Los Angeles before enrolling at Cornell University, where he majored in government. While at Cornell he contributed to *The Cornell Review*, a campus newspaper known for its conservative and libertarian perspectives. He graduated summa cum laude with a Bachelor of Arts degree in 1997 and was elected to the honor society Phi Beta Kappa.

Continuing his academic training, Lee entered Harvard Law School. He earned his Juris Doctor magna cum laude in 2000. Following law school he clerked for Judge Emilio M. Garza on the United States Court of Appeals for the Fifth Circuit from 2000 to 2001, gaining experience in appellate research and opinion drafting.

Lee began his practice as an associate at Wachtell, Lipton, Rosen & Katz in New York City, where he worked from 2001 until 2006. During that period he participated in high‑profile litigation arising from the September 11 attacks, serving as second chair on the legal team representing real estate developer Larry Silverstein. The team handled depositions, drafted briefs, and addressed complex insurance issues related to the World Trade Center lease.

In 2005 Lee served briefly as special counsel to the United States Senate Judiciary Committee, providing legal analysis on matters before the committee. From 2006 to 2009 he held the position of Associate Counsel and Special Assistant to President George W. Bush, contributing to policy development within the White House.

After leaving public service, Lee joined the Los Angeles office of Jenner & Block as a partner. In that capacity he litigated consumer class actions involving food, technology, and health‑care industries across the United States, and he argued appeals before several federal circuit courts. His pro bono work included representation of indigent and incarcerated individuals. He also served on the Food Law Committee of the Litigation Section of the State Bar of California. From 2010 to 2011 Lee was an adjunct faculty member at Pepperdine University School of Law, teaching courses that drew upon his extensive litigation experience.

Lee’s professional reputation earned him recognition in 2018 when the Los Angeles Business Journal listed him among the “Most Influential Minority Attorneys.” He is also identified as an expert by the Federalist Society and has spoken publicly on topics such as food‑and‑drug law, class‑action practice, and the constitutionality of the Affordable Care Act.

Federal appellate service

President Donald J. Trump announced his intent to nominate Lee to the United States Court of Appeals for the Ninth Circuit on October 10, 2018. The nomination was intended to fill the vacancy created by the death of Judge Stephen Reinhardt in March 2018. Both California Senators at the time—Dianne Feinstein and Kamala Harris—publicly expressed opposition to the nomination.

Lee’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. President Trump renominated Lee on January 30, 2019, and the revised nomination was again sent to the Senate on February 6, 2019.

The Senate Judiciary Committee held a hearing on March 13, 2019. During the questioning, committee members raised issues concerning articles Lee had written as an undergraduate that addressed AIDS, political correctness, and feminism. Lee expressed regret for those writings and described himself as embarrassed by them. The Wall Street Journal’s editorial board later commented that the college writings were unrelated to his potential performance as a jurist.

The Judiciary Committee reported Lee’s nomination out of committee on April 4, 2019, with a vote of twelve in favor and ten against. The full Senate invoked cloture on his confirmation on May 14, 2019, by a margin of fifty to forty‑five votes, limiting further debate. The following day the Senate confirmed Lee by a vote of fifty‑two to forty‑five. He received his judicial commission on June 12, 2019 and entered active service on the Ninth Circuit.

Lee’s appointment is historically notable for two reasons. First, he became the nation’s first Article III federal judge who was born in the Republic of Korea. Second, he joined a small cohort of Korean‑American jurists on the federal appellate bench, being only the second to serve on the Ninth Circuit.

In August 2020 Judge Lee sat on a three‑judge panel that addressed California’s ban on large‑capacity ammunition magazines. The panel held that the statute was unconstitutional, illustrating his participation in decisions with significant policy implications for firearms regulation.

Jurisprudence and legacy

Since joining the Ninth Circuit, Judge Lee has contributed to a body of appellate jurisprudence covering a range of legal issues. His involvement in the 2020 panel decision on California’s magazine‑capacity ban reflects engagement with constitutional questions concerning the Second Amendment and state regulatory authority. While the public record does not detail an extensive catalog of opinions authored by him, his participation in panels addressing high‑profile statutory challenges signals an active role in shaping circuit precedent.

Beyond casework, Judge Lee maintains a presence in legal scholarship and professional discourse. As an expert listed with the Federalist Society, he has been invited to speak on matters related to food and drug law, class‑action practice, and health‑care legislation. His experience as both a litigator and former government counsel informs his perspective on regulatory and constitutional issues that arise before the Ninth Circuit.

Judge Lee’s career trajectory—from immigrant child in Los Angeles to federal appellate judge—has been highlighted by legal publications for its representation of Asian‑American achievement within the judiciary. The recognition he received from the Los Angeles Business Journal as an influential minority attorney underscores his standing among peers and his role as a visible figure for underrepresented communities in the legal profession.

His ongoing service on the Ninth Circuit contributes to the court’s function as the largest federal appellate jurisdiction in the United States, handling appeals that affect millions of residents across nine western states. Through panel decisions, written opinions, and participation in oral arguments, Judge Lee helps develop the law in areas such as civil rights, environmental regulation, immigration, and commercial disputes.

In addition to his judicial duties, Judge Lee’s prior involvement with the State Bar of California’s Food Law Committee reflects a sustained interest in consumer protection and public health matters. This background may influence his approach to cases involving regulatory compliance and product liability, though specific judicial outcomes remain grounded in the facts presented before the court.

Overall, Kenneth Kiyul Lee’s professional record combines extensive appellate experience, high‑stakes litigation, governmental service, and academic involvement. His appointment adds both demographic diversity and a breadth of legal expertise to the Ninth Circuit, positioning him as an influential participant in the development of federal law within one of the nation’s most consequential courts.