Paul Maloney

Nomination Tracker
Nominee Information
	Name: Paul Lewis Maloney
	Court: United States District Court for the Western District of Michigan
Progress
	Confirmed 376 days after nomination.
	Nominated: June 28, 2006
	ABA Rating: Unanimously Well Qualified
	Questionnaire:
	Hearing: September 19, 2006
	Hearing Transcript: Hearing Transcript
	QFRs: (Hover over QFRs to read more)
	Reported: May 24, 2007 September 29, 2006
	Confirmed: July 9, 2007
	Vote: Voice vote
	Returned: December 9, 2006

Paul Lewis Maloney is a federal judge on the United States District Court for the Western District of Michigan. He joined the court in 2007 after being nominated by President George W. Bush. Maloney served as chief judge of the court from 2008 to 2015.

Early life and education

A native of Cleveland, Ohio, Maloney earned a bachelor's degree from Lehigh University in 1972 and a J.D. from the University of Detroit Law School in 1975.^[1]

Professional career

2007 - Present: Judge, United States District Court for the Western District of Michigan

2008-2015: Chief judge

1996-2007: Judge, Michigan's Second Circuit Court
1995-1996: Judge, Michigan District Court
1993-1995: Special assistant to the director, Michigan Department of Corrections
1989-1993: Deputy assistant attorney general, criminal division, U.S. Department of Justice
1981-1989: Prosecuting attorney, Berrien County, Michigan
1975-1981: Assistant prosecutor, Berrien County prosecutor's office^[1]

Judicial career

Western District of Michigan

Maloney was first nominated to the United States District Court for the Western District of Michigan by President George W. Bush on June 28, 2006, to a seat vacated by Richard Enslen. The American Bar Association rated Maloney Unanimously Well Qualfied for the nomination. Hearings on Maloney's nomination were held before the Senate Judiciary Committee on September 19, 2006, and his nomination was reported by U.S. Sen. Arlen Specter (R-Pa.) on September 29, 2006. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Maloney's nomination was returned to President Bush on December 9, 2006. The president resubmitted Maloney's nomination on March 19, 2007, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) without additional hearings. Maloney was confirmed on a voice vote of the U.S. Senate on July 9, 2007, and he received his commission on July 13, 2007. From 2008 to 2015, Maloney served as chief judge of the district court.^[1]^[2]^[3]^[4]

Noteworthy cases

Norris v. Stanley (2021)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Norris v. Stanley: On August 31, 2021, Judge Paul Maloney, of the U.S. District Court for the Western District of Michigan, denied a motion for a temporary restraining order to suspend Michigan State University’s (MSU) COVID-19 vaccine mandate. In her complaint, MSU employee Jeanna Norris argued that she should be exempted from the vaccine mandate because she had natural antibodies from a previous infection. MSU’s vaccine policy required all MSU faculty, staff, and students "to be vaccinated against COVID-19 with an FDA-authorized or WHO-approved vaccine." While the mandate did provide for limited medical and religious exceptions, it specifically excluded natural immunity as a qualifying exemption. Norris argued that MSU was "forcing me to choose between performing my professional duties to the best of my ability and protecting my personal health" and "between protecting my constitutional right to bodily autonomy, privacy and protection and keeping my job." Norris’ complaint further argued that MSU could not "establish a compelling governmental interest in overriding personal autonomy and constitutional rights." Maloney, upon denying Norris' motion, said she had "not shown a substantial likelihood of success on the merits." Jenin Younes, litigation counsel for the New Civil Liberties Alliance, which is representing Norris, said, "We have faith that when the Court has the opportunity to review the insurmountable evidence that supports the existence, durability, and robustness of natural immunity, it will recognize that MSU’s policy violates the constitutional rights of Ms. Norris and others in her position."^[5]^[6]^[7]

Michigan Restaurant and Lodging Association v. Gordon (2020)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Michigan Restaurant and Lodging Association v. Gordon: On December 2, 2020, Judge Paul Maloney, of the U.S. District Court for the Western District of Michigan, declined to block Michigan’s restrictions on indoor dining. A coalition of affected businesses and a hospitality industry group filed the lawsuit challenging the restrictions, which were issued by the Michigan Department of Health and Human Services (MDHHS). The plaintiffs argued that the MDHHS order violated several provisions of the state and federal constitutions. Maloney, a George W. Bush (R) appointee, ruled that Michigan officials had plausible reasons for targeting restaurants over other businesses. In response to Maloney's ruling, MDHHS Director Robert Gordon said, "We are happy that today’s ruling keeps in place measures that will save lives by limiting specific indoor gatherings that greatly increase the risk of COVID-19 spread." The Michigan Restaurant and Lodging Association said the following in a statement: "While we are disappointed with today’s ruling . . . we will now transition our efforts to preventing an extension of the MDHHS Order beyond Dec. 8 and call on Director Gordon to provide clear and specific data to justify the sustained closure of restaurants across the state."^[8]^[9]^[10]^[11]

League of Independent Fitness Facilities and Trainers, Inc. v. Whitmer (2020)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

League of Independent Fitness Facilities and Trainers, Inc. v. Whitmer: On June 24, 2020, the U.S. Court of Appeals for the Sixth Circuit granted an emergency stay in favor of Michigan Gov. Gretchen Whitmer (D), barring indoor gyms from reopening across Michigan due to continued risks associated with COVID-19. Whitmer had appealed a June 19 preliminary injunction issued by Judge Paul Maloney, of U.S. District Court for the Western District of Michigan, which barred enforcement of Executive Order 2020-110, Section 12(b). The executive order closed "indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like" in an attempt to mitigate the spread of COVID-19. While Maloney enjoined the executive order, stating that Whitmer had offered "nothing in support of the restriction" nor "any set of facts on which the gym restriction has a rational relation to public health," the Sixth Circuit disagreed, pointing to "rational speculation" by Whitmer "that heavy breathing and sweating in an enclosed space containing many shared surfaces creates conditions likely to spread the virus." The Sixth Circuit found that the "public interest weighs in favor of a stay" of Maloney’s injunction. The three-judge panel, which ruled unanimously, comprised Judges Julia Gibbons and Deborah Cook, both appointed by George W. Bush (R), and Chad Readler, who was appointed by Donald Trump (R). Following the Sixth Circuit’s ruling, Whitmer’s office released a statement commending the decision: "In the fight against a global pandemic, courts must give governors broad latitude to make quick, difficult decisions." Regarding the possibility of an appeal, an attorney for the plaintiffs said they were exploring their options.^[12]^[13]^[14]^[15]