Steven James Menashi

Steven James Menashi (born 1979) is an American attorney and jurist who has served as a circuit judge on the United States Court of Appeals for the Second Circuit since his confirmation in November 2019. Prior to joining the federal bench, he held academic positions at George Mason University’s Antonin Scalia Law School, practiced law at a major New York firm, and occupied senior legal roles within the Department of Education and the White House during the first Trump administration.

Early life and legal career

Menashi was born in 1979 in White Plains, New York. His family background includes Jewish immigrants from Iraq and Ukraine; relatives on his mother’s side were victims of the Holocaust. He pursued undergraduate studies at Dartmouth College, graduating magna cum laude with a Bachelor of Arts in 2001. While completing his degree, he worked for the Hoover Institution and concurrently attended the Johns Hopkins University School of Advanced International Studies.

Following graduation, Menashi contributed editorial pieces to *The New York Sun* from 2004 to 2005 before enrolling at Stanford Law School. At Stanford, he served on the editorial board of the law review and earned his Juris Doctor in 2008, graduating with honors as a member of the Order of the Coif.

His early legal experience included clerkships for two prominent judges. From 2008 to 2009 he clerked for Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit. He then spent a year as an Olin‑Searle Fellow at Georgetown University Law Center, a program affiliated with the Federalist Society. The following year, Menashi clerked for Justice Samuel Alito of the United States Supreme Court.

In 2011 Menashi joined the New York City office of Kirkland & Ellis LLP. Over five years he advanced to partnership and simultaneously held research fellowships at New York University School of Law and the Opperman Institute for Judicial Administration (2013‑2016). His scholarly focus during this period included administrative law and civil procedure.

Transitioning to academia, Menashi accepted an assistant professorship at George Mason University’s Antonin Scalia Law School in 2016. While there he taught courses on administrative law and civil procedure, contributing to the school’s emphasis on originalist legal theory.

Menashi entered public service in 2017 when he took a leave of absence from George Mason to become Deputy General Counsel for Postsecondary Service at the United States Department of Education. He later served as acting general counsel for the department beginning in May 2017, a role that concluded in April 2018 after a Senate confirmation filled the permanent position. During his tenure he participated in the development of a policy intended to deny debt relief to students defrauded by for‑profit colleges; a federal court subsequently ruled that the plan’s reliance on private Social Security information violated legal standards.

In September 2018 Menashi moved to the White House, where he served as Special Assistant to the President and Associate Counsel to the President. In this capacity he worked with senior advisors on immigration policy matters, including the administration’s “remain‑in‑Mexico” program and revisions to the public charge rule that affect eligibility for lawful permanent residence.

Federal appellate service

President Donald J. Trump announced his intent to nominate Menashi to the United States Court of Appeals for the Second Circuit on August 14 2019. The nomination was formally transmitted to the Senate on September 9 2019, and the American Bar Association subsequently rated him as “well qualified,” its highest assessment.

Menashi’s confirmation hearing before the Senate Judiciary Committee took place on September 11 2019. During the session he faced questioning from senators of both parties concerning his prior legal advice on immigration policies and an academic article he authored discussing Israel’s national identity within a liberal democratic framework. Critics noted his reluctance to answer certain inquiries.

The committee reported his nomination out of subcommittee by a 12–10 vote on November 7 2019. The full Senate invoked cloture on November 13 with a 51‑44 vote and confirmed Menashi the following day by a margin of 51‑41. He received his judicial commission on November 14 2019, filling the seat vacated by Judge Dennis Jacobs, who had assumed senior status earlier that year.

Since joining the Second Circuit, Menashi has participated in a range of appellate decisions covering constitutional rights, criminal law, and civil jurisdiction. His opinions have been noted for their textualist approach to statutory interpretation and emphasis on separation‑of‑powers principles.

Jurisprudence and legacy

Among Menashi’s published opinions is a 2021 decision addressing firearms restrictions under the Second Amendment. In that case he held that prohibiting gun ownership based solely on an ex parte protective order infringed upon the constitutional right to bear arms, reflecting his focus on individual liberties within the framework of established precedent.

In a 2022 environmental litigation matter, Menashi authored a dissent when the panel upheld a corporate prosecution of an attorney involved in climate‑change advocacy. He argued that allowing a court to appoint its own prosecutor contravened the constitutional separation of powers, underscoring his concern for maintaining clear boundaries among governmental branches.

More recently, Menashi dissented from a panel’s refusal to grant en banc review in litigation concerning personal jurisdiction over foreign entities alleged to be responsible for terrorist attacks affecting U.S. citizens. The Supreme Court later granted certiorari and issued a unanimous reversal, citing Menashi’s dissenting reasoning as influential in its analysis of jurisdictional authority.

Through his academic writings, government service, and judicial opinions, Menashi has contributed to ongoing debates over administrative authority, immigration law, and the balance between governmental power and individual rights. His career trajectory—from clerkships at the nation’s highest courts to partnership at a leading firm, from teaching future lawyers to shaping policy in the executive branch—illustrates a blend of scholarly and practical legal experience that informs his work on the appellate bench.

While still an active member of the Second Circuit, Menashi’s jurisprudence continues to be referenced by higher courts and scholars alike. His emphasis on textualist interpretation and constitutional structure positions him as a notable voice within the federal judiciary, shaping the development of law in areas ranging from gun rights to international jurisdiction.