On January 23, 2012, President
Barack Obama nominated Kayatta to serve as a United States Circuit Judge of the United States Court of Appeals for the First Circuit. He received a hearing before the
Senate Judiciary Committee on March 14, 2012, and his nomination was reported to the floor on April 19, 2012, by
voice vote, with Senators
Jeff Sessions and
Mike Lee recorded as voting no. Kayatta's confirmation hearing before the Senate Judiciary Committee was uncontroversial. His nomination needed only confirmation by the full Senate, but the process was stalled by
GOP filibusters for a series of tactical reasons, such as to block the consideration of another of President Obama's judicial appointments,
Robert E. Bacharach. With the adjournment of the Senate session on January 2, 2013, the nomination expired. On January 3, 2013, he was renominated to the same judgeship. On February 7, 2013, the
Senate Judiciary Committee reported his nomination to the floor by voice vote, with Senator
Jeff Sessions recorded as a no vote. The Senate confirmed his nomination on February 13, 2013, by a 88–12 vote. He received his commission on February 14, 2013. Kayatta assumed
senior status on October 31, 2024.
Notable cases In August 2017, Kayatta wrote for the divided
en banc circuit when it rejected a lawsuit seeking to give
Puerto Ricans the right to vote, over the dissents of Judges Lipez,
Juan R. Torruella, and
O. Rogeriee Thompson. In April 2020, Kayatta wrote for the unanimous panel when it found that the
Board of Immigration Appeals had erred in denying
asylum in the United States to a domestic abuse survivor without considering her particular allegations. In July 2020, Kayatta wrote for a 2–1 appellate court majority that tossed out the death sentence and overturned three of the firearm convictions of
Boston Marathon bomber,
Dzhokhar Tsarnaev. The court cited errors in the sentencing proceedings that found Tsarnaev guilty and condemned him to death. In a 6–3 vote in March 2022, the U.S. Supreme Court reversed that decision and reinstated the death penalty for Tsarnaev. In January 2024, Kayatta wrote for a unanimous appellate panel that reinstated a lawsuit brought by the country of Mexico against seven American gun manufacturers and one American gun distributor. The lawsuit alleged that Mexico and its citizens have been "victimized by a deadly flood of military-style and other particularly lethal guns that flows from the U.S. across the border, into criminal hands in Mexico" and that this harm was the "foreseeable result" of defendants' actions and business practices. However, the lawsuit had been thrown out by the trial court due to the
Protection of Lawful Commerce in Arms Act (PLCAA). In reinstating that lawsuit, Kayatta wrote that exceptions within the PLCAA would permit the lawsuit to go forward, based on the view that some of Mexico's claims fit within PLCAA's "predicate" exception (the manufacture and sale of guns in the United States proximately caused Mexico's injuries and constituted aiding and abetting firearms trafficking in violation of federal law). The Supreme Court granted certiorari in October 2024 to review this decision, and
its decision is still pending. == References ==