Nielson was born in 1968 to Julia (née Adams) and
Howard C. Nielson, who was a member of the
Utah House of Representatives. When he was 14, his father was elected to the
United States House of Representatives. Nielson received his
Bachelor of Arts with university honors and
summa cum laude from
Brigham Young University and his
J.D. degree with high honors from the
University of Chicago Law School, where he was elected to
Order of the Coif and served as articles editor of the
University of Chicago Law Review. Earlier in his career, he served as a law clerk to Judge
J. Michael Luttig of the
United States Court of Appeals for the Fourth Circuit and then to Justice
Anthony Kennedy of the
Supreme Court of the United States. From 2001 to 2005, Nielson served in the
United States Department of Justice, first as counsel to the Attorney General and later as Deputy Assistant Attorney General in the
Office of Legal Counsel. He has taught courses in constitutional litigation, national security law, foreign relations law, and federal courts as a Distinguished Lecturer at the
J. Reuben Clark Law School at
Brigham Young University.
Federal judicial service On September 28, 2017, President
Donald Trump nominated Nielson to serve as a United States district judge of the United States District Court for the District of Utah, to the seat vacated by Judge
Ted Stewart, who assumed
senior status on September 1, 2014. A hearing on his nomination before the Senate Judiciary Committee was held on January 10, 2018. On February 8, 2018, Nielson’s nomination was reported out of committee by an 11–10 vote. Democrats on the committee opposed Nielson over his role in defending
California's Proposition 8 and his role in reviewing two
torture memos in 2004 and 2006 when he was serving as a deputy assistant general at the Office of Legal Counsel for the Justice Department. On March 6, 2018, Illinois Senator
Tammy Duckworth put a hold on his nomination. 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 Nielson 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 May 21, 2019, the Senate invoked cloture on his nomination by a 52–47 vote. On May 22, 2019, his nomination was confirmed by a 51–47 vote, with
Susan Collins voting against his nomination. He received his judicial commission on June 12, 2019. == Memberships ==