In May 2013, the
New York Times and the
Washington Post reported that Pillard was under consideration by the Obama administration to fill one of three vacancies on the
United States Court of Appeals for the District of Columbia Circuit. On June 4, 2013, Obama nominated Pillard to serve as a United States Circuit Judge on the
United States Court of Appeals for the District of Columbia Circuit, to the seat vacated by Judge
Douglas H. Ginsburg, who assumed
senior status on October 14, 2011. Her nomination immediately became controversial. According to
ThinkProgress, conservatives attacked her as an extremist and radical feminist, noting that a paper she had authored analogized compelled maternity to "conscription," in objecting to her confirmation. On September 19, 2013, her nomination was reported to the floor by the
Senate Judiciary Committee by a 10–8 vote, the vote falling along party lines. On November 7, 2013, Senate Majority Leader
Harry Reid moved to invoke
cloture on Pillard's nomination, in an attempt to cut off a
filibuster from Republican senators. On November 12, 2013, the Senate rejected the motion to invoke cloture by a 56–41 vote, with 1 senator voted "present". After the Senate moved forward in November 2013 with a rules change eliminating the filibuster on federal appeals court nominees, the Senate on December 10, 2013, invoked cloture on Pillard’s nomination by a 56–42 vote. That paved the way for a final floor vote on Pillard's nomination. Shortly before 1 a.m. on December 12, 2013, the Senate confirmed Pillard by a 51–44 vote. On December 17, 2013, Pillard received her federal judicial commission.
Notable rulings As a judge, Pillard extended the
exclusionary rule to require police to
knock-and-announce when executing an
arrest warrant, over a dissent by Judge
Karen L. Henderson. Judge Pillard joined Henderson when they denied a petition by
Abd al-Rahim al-Nashiri to disqualify his military judges. When in
Meshal v. Higgenbotham (2016) Judges
Janice Rogers Brown and
Brett Kavanaugh threw out a claim by an American that he had been
disappeared by the FBI in a Kenyan black site, Judge Pillard dissented, arguing the court should just create a new
implied cause of action. When Judge Pillard's panel found that the
Patient Protection and Affordable Care Act did not violate the Constitution's
Origination Clause in
Sissel v. United States Department of Health & Human Services (2014), Judge Kavanaugh wrote a lengthy dissent from denial of an
en banc rehearing. ==Personal life==