Mark Jeremy Bennett

Mark Jeremy Bennett (born 1953) is an active United States circuit judge on the Ninth Circuit Court of Appeals. Appointed by President Donald J. Trump, he has served on the federal appellate bench since mid‑2018 after a career that spanned private practice, federal prosecution, and statewide elected office in Hawaii.

Early life and legal career

Mark J. Bennett was born in 1953. He pursued undergraduate studies in political science at Union College in Schenectady, New York, receiving a Bachelor of Arts degree in 1976. Following his liberal‑arts education, he enrolled at Cornell Law School in Ithaca, where he contributed to the Cornell Law Review as a member of its Board of Editors and earned his Juris Doctor in 1979.

Upon graduation, Bennett began his legal career with a clerkship for Chief Judge Samuel Pailthorpe King of the United States District Court for the District of Hawaii. The experience provided him with insight into federal trial practice in the Pacific region. After completing the clerkship, he entered public service as an Assistant United States Attorney. From 1980 to 1982 he served in the District of Columbia, and subsequently returned to Hawaii where he continued as an assistant U.S. attorney until 1990.

In 1991 Bennett transitioned to private practice, becoming a partner at McCorriston Miller Mukai MacKinnon LLP, a firm based in Honolulu. While maintaining his partnership responsibilities, he also performed pro bono work for the state attorney general’s office and held a teaching position at the William S. Richardson School of Law, contributing to the education of future lawyers.

Bennett entered elected office when Governor Linda Lingle appointed him as Attorney General of Hawaii in 2003. He served two terms, concluding his tenure in 2010. During this period he oversaw the state’s legal affairs and represented Hawaii in a variety of civil and criminal matters. In August‑September 2004, Bennett briefly assumed the duties of Acting Governor of Hawaii while both the governor and lieutenant governor were absent from the islands attending the Republican National Convention.

Federal appellate service

President Donald J. Trump announced his intent to nominate Bennett to the United States Court of Appeals for the Ninth Circuit on February 12, 2018. The formal nomination was transmitted to the Senate three days later, designating the vacancy created when Judge Richard Clifton assumed senior status at the end of 2016.

The Senate Judiciary Committee held a hearing on Bennett’s nomination on April 11, 2018. Following deliberations, the committee reported his name favorably with an 18–2 vote on May 10, 2018. The full Senate considered cloture on July 9, 2018, invoking it by a 72–25 margin, and proceeded to confirm Bennett the following day with a 72–27 vote. All votes against confirmation were cast by Republican senators who expressed concern over Bennett’s prior defense of Hawaii’s restrictive firearms regulations. He received his judicial commission on July 13, 2018 and took the seat identified as CA92603.

Since joining the Ninth Circuit, Judge Bennett has participated in a range of panels addressing significant federal issues. In August 2019 he joined the majority of a split panel that blocked new asylum restrictions imposed by the Trump administration within the circuit’s jurisdiction, while declining to extend the injunction nationwide. The decision reflected a nuanced approach to immigration policy and the scope of appellate review.

In September 2020 Bennett authored a dissent when his colleagues concluded that a defendant in a robocall case could not invoke the Federal Arbitration Act to enforce an agreement originally signed with a predecessor company now owned by the defendant’s holding corporation. His dissent highlighted considerations of contractual continuity and arbitration authority.

December 4, 2021 saw Bennett as one of two judges who declined to halt San Diego Unified School District’s policy requiring student vaccinations by December 20. The ruling addressed public‑health measures in an educational setting amid ongoing pandemic concerns.

On September 6, 2022 Bennett wrote a concurring opinion supporting the Ninth Circuit’s decision upholding Washington State’s ban on conversion therapy for minors. The Supreme Court later denied certiorari on the matter on December 11, 2023, leaving the appellate judgment intact.

Most recently, in June 2025 Bennett issued an opinion holding that former President Donald J. Trump could retain control of the California National Guard in the context of ongoing Immigration and Customs Enforcement operations. The ruling touched upon executive authority over state military forces during federal law‑enforcement actions.

Jurisprudence and legacy

Judge Mark J. Bennett’s judicial record on the Ninth Circuit reflects engagement with a spectrum of constitutional and statutory issues, ranging from immigration and national security to public health, consumer arbitration, and LGBTQ+ rights. His participation in panels that have both affirmed and limited executive actions demonstrates an adherence to careful statutory interpretation and respect for procedural boundaries.

In immigration matters, Bennett’s involvement in the 2019 asylum case illustrates a willingness to scrutinize administrative restrictions while balancing deference to agency expertise. The decision to block certain policies within the circuit but not nationwide underscores a measured approach to injunctions that considers both regional impact and broader judicial precedent.

His dissent in the 2020 arbitration dispute signals attentiveness to the principles governing contractual obligations across corporate restructurings, emphasizing the importance of consistent application of the Federal Arbitration Act. This perspective contributes to ongoing debates about the reach of arbitration clauses in complex commercial relationships.

The rulings concerning vaccination requirements for schoolchildren and the upholding of Washington’s conversion‑therapy ban reveal Bennett’s engagement with public‑policy questions that intersect health, civil rights, and state regulatory authority. By aligning with majority opinions that support governmental measures aimed at protecting vulnerable populations, his jurisprudence reflects an appreciation for the balance between individual liberties and collective welfare.

The 2025 decision regarding control of the California National Guard during ICE operations highlights Bennett’s involvement in delineating the limits of executive power over state military resources when federal law‑enforcement objectives are pursued. This opinion contributes to the evolving body of case law that defines the interplay between federal directives and state sovereignty.

Beyond his courtroom work, Bennett’s long‑standing affiliation with the Federalist Society since 2016 indicates participation in a national network of legal professionals dedicated to discussing constitutional interpretation and the role of the judiciary. While membership does not prescribe judicial outcomes, it situates him within a broader community that values textualist and originalist approaches.

On a personal note, Bennett is married to Patricia Tomi Ohara, an attorney based in Honolulu. Their partnership reflects a shared commitment to legal practice within the Hawaiian community.

Overall, Judge Mark J. Bennett’s career trajectory—from clerkship through federal prosecution, private practice, state executive leadership, and finally to the federal appellate bench—exemplifies a breadth of experience across multiple facets of American law. His decisions on the Ninth Circuit continue to shape legal discourse in areas critical to both regional and national interests, contributing to the development of jurisprudence that balances statutory fidelity with evolving societal concerns.