On June 7, 2018, President
Donald Trump announced his intent to nominate Murphy to serve as a United States Circuit Judge of the
United States Court of Appeals for the Sixth Circuit. In June 2018, United States Senator
Sherrod Brown said he did not plan to return a
blue slip for Murphy's nomination, while United States Senator
Rob Portman said he planned to support Murphy's nomination. On October 10, 2018, a hearing on his nomination was held before the
Senate Judiciary Committee. On January 3, 2019, his nomination was returned to the President under
Rule XXXI, Paragraph 6 of the
United States Senate. On January 23, 2019,
President Trump announced his intent to renominate Murphy for a federal judgeship. His nomination was sent to the Senate later that day. On February 7, 2019, his nomination was reported out of committee by a 12–10 vote. On March 6, 2019, the Senate invoked
cloture on his nomination by a 53–46 vote. On March 7, 2019, his nomination was confirmed by a 52–46 vote. He received his judicial commission on March 11, 2019.
Notable rulings On December 3, 2021, in
Gun Owners of America, Inc. v. Garland, 19 F.4th 980 (6th Cir. 2021), an evenly divided Sixth Circuit affirmed the denial of a preliminary injunction against a rule issued by the
ATF declaring bump-stock devices to be illegal machine guns under federal law. Murphy authored a dissenting opinion joined by seven other members of the court that would have enjoined the ATF's new rule, explaining that the "policy debate over whether to ban bump stocks" belongs "with the legislative branch accountable to the people" rather than an administrative agency or the judiciary. In
Garland v. Cargill, 602 U.S. 406 (2024), the U.S. Supreme Court ruled 6-3 that bump-stock devices are not machine guns under existing federal law. Murphy delivered the majority opinion in
Defending Education v. Olentangy (2025), which overturned a school board policy requiring students to use the
preferred pronouns of other students. While the school board had argued that refusal to do so constituted harassment, he ruled that it was a form of legitimate debate that did not cause serious disruption. == See also ==