On October 10, 2018, President
Donald Trump announced his intent to nominate Lee to serve as a United States Circuit Judge of the
United States Court of Appeals for the Ninth Circuit. On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Lee to the seat vacated by Judge
Stephen Reinhardt, who died on March 29, 2018. On January 3, 2019, his nomination was returned to the President under
Rule XXXI, Paragraph 6 of the
United States Senate. On January 30, 2019, President Trump indicated that he would renominate Lee to a Ninth Circuit vacancy. On February 6, 2019, his nomination was sent to the Senate. On March 13, 2019, a hearing on his nomination was held before the
Senate Judiciary Committee. During the hearing, he was questioned about college writings covering
AIDS,
political correctness, and feminism. He apologized for some of the writings, saying he regretted them and was embarrassed by them.
The Wall Street Journal editorial board responded to the questioning about Lee's college writings: "...what Mr. Lee wrote in college is of no relevance to how he’d behave as a jurist. ... What liberals really don’t like is that Mr. Lee dissented from progressive doctrines on racial preferences, among other issues." On April 4, 2019, his nomination was reported out of committee by a 12–10 vote. On May 14, 2019, the Senate invoked
cloture on his nomination by a 50–45 vote. On May 15, 2019, his nomination was confirmed by a 52–45 vote. He received his judicial commission on June 12, 2019. Lee is the nation's first Article III judge who was born in the Republic of Korea and the second Korean American to serve on the Ninth Circuit. In August 2020, Lee was part of a three-judge panel who held that California's "
large capacity magazine ban" was unconstitutional. == Memberships ==