Eric Earl Murphy

Eric Earl Murphy (born 1979) is an American jurist who has served as a United States circuit judge on the Sixth Circuit Court of Appeals since 2019. Prior to his appointment to the federal bench, he held the position of Solicitor General of Ohio from 2013 to 2019 and accumulated extensive experience in appellate advocacy through clerkships at both the federal appellate and Supreme Court levels, as well as private practice.

Early life and legal career

Murphy was born in Indianapolis, Indiana, in 1979. He pursued his undergraduate studies at Miami University, where he graduated summa cum laude with a Bachelor of Arts degree in 2001 and earned membership in the honor society Phi Beta Kappa. Following a brief period working as a grocery clerk, he enrolled in the University of Chicago Law School. At Chicago, Murphy contributed to the University of Chicago Law Review and completed his Juris Doctor in 2005, graduating with high honors and attaining membership in the Order of the Coif.

After law school, Murphy began his legal career with two prestigious clerkships. He first served as a law clerk for Judge J. Harvie Wilkinson III on the United States Court of Appeals for the Fourth Circuit from 2005 to 2006. He then clerked for Justice Anthony Kennedy of the United States Supreme Court during the 2006‑2007 term, gaining direct experience with the nation’s highest court.

Returning to private practice, Murphy joined Jones Day as an associate in its Columbus, Ohio office, focusing on appellate work. In 2013, he entered public service when Attorney General Mike DeWine appointed him Solicitor General of Ohio. In that capacity, Murphy represented the state in a variety of appellate matters, including cases before federal and state courts, and oversaw the Ohio Office of the Solicitor General’s litigation strategy. Throughout his career, he has been affiliated with the Federalist Society, an organization dedicated to legal scholarship and discussion.

Federal appellate service

President Donald J. Trump announced his intent to nominate Murphy to the United States Court of Appeals for the Sixth Circuit on June 7, 2018. The nomination was formally transmitted to the Senate on June 18, 2018, to fill a seat that would become vacant when Judge Alice M. Batchelder assumed senior status. During the confirmation process, Senator Sherrod Brown indicated he would not return a blue slip for Murphy’s nomination, while Senator Rob Portman expressed support.

The Senate Judiciary Committee held a hearing on Murphy’s nomination on October 10, 2018. After the committee’s consideration, his nomination was returned to the President under Senate Rule XXXI, Paragraph 6, on January 3, 2019. The President renominated him on January 23, 2019, and the nomination was again sent to the Senate that same day. On February 7, 2019, the Judiciary Committee reported Murphy’s nomination out of committee by a vote of 12–10.

The full Senate considered the nomination in early March 2019. Cloture was invoked on March 6, 2019, with a vote of 53‑46, allowing final consideration to proceed. The Senate confirmed Murphy on March 7, 2019, by a vote of 52‑46. He received his judicial commission three days later, on March 11, 2019, and has served as an active circuit judge on the Sixth Circuit ever since.

Jurisprudence and legacy

Since joining the Sixth Circuit, Judge Murphy has participated in numerous panels addressing a broad spectrum of federal law. Among the opinions he has authored or joined, several have attracted public attention for their treatment of regulatory authority and First Amendment issues.

In December 2021, the panel in *Gun Owners of America, Inc. v. Garland* faced a petition for a preliminary injunction challenging an ATF regulation that classified bump‑stock devices as machine guns. The court was evenly divided, resulting in affirmation of the denial of the injunction. Judge Murphy authored a dissenting opinion, which was joined by seven other judges. In his dissent, he argued that the policy question concerning the legality of bump stocks should be resolved by Congress rather than through administrative rulemaking or judicial intervention, emphasizing the role of the legislative branch as accountable to the electorate.

Later, in *Defending Education v. Olentangy* (2025), Judge Murphy authored the majority opinion overturning a school board policy that required students to use the preferred pronouns of their peers. The case centered on whether such a requirement constituted harassment or protected speech. In his ruling, Murphy concluded that the policy represented permissible debate and did not rise to the level of serious disruption that would justify judicial suppression, thereby reversing the lower court’s judgment.

Although the Supreme Court later addressed the bump‑stock issue in *Garland v. Cargill* (2024), holding that such devices are not machine guns under existing federal law, Judge Murphy’s earlier dissent on the Sixth Circuit highlighted his perspective on administrative deference and separation of powers. His opinions reflect a consistent focus on the boundaries between legislative intent, executive agency authority, and judicial review.

Judge Murphy continues to serve on the Sixth Circuit, contributing to the development of federal jurisprudence across states within the circuit’s jurisdiction. While still early in his appellate tenure, his written opinions demonstrate engagement with complex constitutional questions and an adherence to procedural rigor characteristic of his prior experience as a clerk at both the appellate and Supreme Court levels.