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Jesse M. Furman

Jesse Matthew Furman (born 1972) is a district judge for the for the Southern District of . Nominated by President on June 7, 2011, to a seat vacated by Alvin K. Hellerstein, Furman was confirmed by the on March 22, 2012, and received his commission on March 26, 2012. Furman was born in New York City and educated at , from which he graduated with a B.A. in 1994, and , where he earned a J.D. in 1998. Following law school, he clerked for U.S. District Judge Michael B. Mukasey in the Southern District of and later for Justice . He then worked in private practice and served as an Assistant U.S. Attorney in the Southern District of from 2009 to 2012, including as deputy chief of the appellate section. As a district , Furman has presided over a range of civil and criminal cases, including disputes, class actions, and matters. His rulings have addressed issues such as temporary restraining orders in litigation and challenges to proceedings.

Background

Early Life

Jesse M. Furman was born on June 7, 1972, in , . He is the son of Gail Furman (née Gorman) and real estate developer Jay Furman. Little public information is available regarding his childhood environment or early influences prior to formal schooling.

Education

Furman earned a degree from in 1994, graduating summa cum laude. After completing his undergraduate studies, he served as a Henry Fellow at the from 1994 to 1995. He subsequently attended , where he received a in 1998.

Pre-Judicial Legal Career

Clerkships and Initial Positions

Following his graduation from with a in 1998, Furman began his legal career with a one-year clerkship for Judge Michael B. Mukasey of the United States District Court for the Southern District of , serving from 1998 to 1999. Mukasey, appointed by President in 1987, presided over high-profile cases including terrorism-related prosecutions, providing Furman early exposure to federal trial court operations in a major jurisdiction. Furman then clerked for Judge of the United States Court of Appeals for the Second Circuit from 1999 to 2000. , nominated by President in 1979 and elevated to the appeals court by President in 1994, handled appellate matters involving , civil rights, and federal jurisdiction, offering Furman advanced training in legal analysis and opinion drafting at the circuit level. In 2002, after a period in private practice, Furman returned to clerkships as a law clerk to Associate Justice David H. Souter of the of the , serving from 2002 to 2003. Souter, appointed by President in 1990, participated in landmark decisions on , free speech, and executive authority during his tenure, granting Furman insight into the apex of federal judicial decision-making and the crafting of opinions with nationwide implications. These sequential clerkships across trial, appellate, and levels represented a rigorous progression in judicial mentorship typical for elite legal training.

Department of Justice Service

Furman served as a trial attorney in the Civil Division of the from 2002 to 2007. In this capacity, he conducted civil litigation representing the federal government, with responsibilities including the defense of executive branch actions in trial and appellate courts across multiple federal circuits. His tenure in the Civil Division occurred primarily during the administration, under Attorneys General and . From 2007 to 2009, Furman advanced to the role of Counselor to the , a senior position in of the Attorney General. He advised on legal strategy, policy implementation, and departmental operations, serving under Attorney General and facilitating the transition to the incoming Obama administration. This period encompassed appellate advocacy in high-stakes defenses of federal policies, underscoring his experience in arguing government positions before appellate bodies. Furman's seven years at the DOJ exemplified service across administrations, bridging Republican-led leadership without partisan alignment, as reflected in his professional trajectory from specialized civil defense to executive advisory duties.

Private Practice and Other Roles

Following his clerkships, Furman entered private practice as an associate at Wiggin & Dana LLP, a based in , serving from 2000 to 2002 and resuming from 2003 to 2004 after a brief federal appellate clerkship. During this period, his work focused on appellate and litigation matters, including contributions. In one documented instance, Furman collaborated with partner Jeffrey Babbin on a amicus curiae brief filed on behalf of the in a U.S. case addressing First issues related to and intimidation, such as cross-burning statutes. He also participated in preparations for the argument, reflecting early involvement in high-stakes constitutional litigation. Furman later described this work during his 2012 Senate confirmation hearing as conducted in his professional capacity at the firm. No other specific private practice cases handled by Furman are publicly detailed in available records, though his tenure at Wiggin & Dana preceded his transition to federal prosecutorial roles.

Judicial Appointment and Service

Nomination and Confirmation Process

President nominated Jesse M. Furman on June 7, 2011, to the for the Southern District of , to fill the vacancy created by Alvin K. Hellerstein's assumption of on January 30, 2011. The American Bar Association rated Furman as majority qualified and minority well qualified. Furman's Senate Judiciary Committee questionnaire and responses to questions for the record emphasized his professional experience across party lines, including service as a government in both Democratic and administrations. In one response, he stated: "Throughout my legal career – as a government in both Democratic and Administrations; as a in private practice; and as a to two judges appointed by and one judge appointed by a Democratic – I have endeavored to interpret and apply the law faithfully and to treat all parties fairly, without regard for their political beliefs, economic condition, or ." This included prior roles such as counselor to during the administration. The committee held a hearing on his nomination and reported it to the full by on September 15, 2011. The nomination faced delays on the Senate floor, including a reported five-month hold, before advancing. On February 17, 2012, the Senate confirmed Furman by a 62-34 yea-nay vote, with the cloture motion withdrawn by unanimous consent earlier that day.

Tenure as District Judge

Jesse M. Furman received his judicial commission following confirmation on February 17, 2012, by a vote of 62-34, and commenced his service as a District Judge for the Southern District of . He was assigned to the Courthouse at 500 Pearl Street in , where he presides in 24B. Furman's caseload reflects the high-volume and diverse docket of the Southern District of , one of the busiest federal districts, encompassing civil cases such as commercial litigation, securities disputes, and matters, alongside criminal prosecutions involving , narcotics distribution, firearms trafficking, and homicides. In addition to adjudicating cases, Furman has undertaken administrative responsibilities within the federal judiciary, including appointment as Chair of the Judicial Conference's Advisory Committee on Evidence Rules in October 2024.

Caseload and Administrative Duties

Furman presides over a diverse and high-volume caseload in the United States District Court for the Southern District of New York, which ranks among the busiest federal districts. Since his appointment in 2012, more than 4,492 cases have been assigned or referred to him, spanning civil, criminal, and pro se matters. His docket routinely includes Freedom of Information Act (FOIA) litigation, such as disputes involving government records and privacy exemptions in Comey v. United States Department of Justice, as well as patent infringement claims, exemplified by rulings on subject matter eligibility in technology-related patents. To promote efficiency, Furman maintains detailed individual rules and practices for civil cases, which require pre-motion letters, conferral among parties, and adherence to electronic filing protocols; these were last revised on August 22, 2025. Distinct rules govern pro se civil cases to accommodate unrepresented litigants while upholding procedural standards, with updates effective January 2, 2025. Similar practices apply to criminal proceedings, revised as of June 12, 2025, emphasizing prompt discovery and trial preparation. Furman issues a standardized Civil Case Management Plan and Scheduling Order to structure , motions, and trials, with a fillable version updated January 6, 2025, facilitating tailored yet uniform docket . These tools support the district's overarching scheduling and case framework, enabling resolution amid SDNY's elevated filings in areas like civil rights , disputes, and challenges.

Judicial Philosophy and Approach

Interpretive Methodology

Jesse M. Furman has described his judicial philosophy as rooted in adherence to the , emphasizing that judges must faithfully apply the , statutes, and to the facts of a case without injecting personal views or policy preferences. In responding to inquiries during his 2012 confirmation process, Furman stated that "judges play a narrow, but important role in our constitutional system, adjudicating disputes between parties based on a faithful application of the to the facts," underscoring a commitment to deciding only the issues presented rather than broader societal questions. Furman's approach to statutory interpretation begins with the text of the relevant provision, followed by consultation of binding precedents from the Supreme Court and the Second Circuit, as well as persuasive authorities where applicable. He has affirmed that in cases of first impression, this methodical process prioritizes the plain language of the law over extraneous considerations. For constitutional interpretation, Furman indicated he would evaluate statutes against constitutional limits by applying established precedents, declaring a law unconstitutional only if it demonstrably exceeds congressional authority or violates a specific provision. Furman places significant weight on stare decisis, describing it as "a foundation of the " to which judges should be "strongly bound," particularly district judges who must follow higher court rulings regardless of personal disagreement. He committed to applying even erroneous faithfully, stating, "I would faithfully apply any relevant or Second Circuit , without regard for my own judgment or views." This reflects a methodology that prioritizes institutional stability and legal fidelity over individualistic reinterpretation, avoiding overt reliance on purposivism or policy-driven analysis in favor of textual and precedential anchors.

Views on Separation of Powers

Furman has articulated a view of the judiciary's role in the separation of powers as limited to faithfully applying the Constitution, statutes, and precedent to the disputes before the court, without venturing into policy-making or broader societal judgments. In his 2012 Senate Judiciary Committee questionnaire, he described judges as having a "narrow, but important role" in adjudicating cases impartially based on the rule of law, emphasizing decisions confined to the facts and legal issues presented rather than personal policy preferences. This approach aligns with traditional notions of judicial restraint, as evidenced by his 2016 dismissal of a due process challenge in Doe v. Columbia University, where he declined to extend constitutional protections absent clear state action, prioritizing statutory and precedential boundaries over expansive claims. In reviewing executive actions, Furman consistently prioritizes compliance with the () as a mechanism for judicial oversight, rejecting arbitrary or pretextual agency decisions while applying reasoned scrutiny rather than blanket deference. In New York v. Department of Commerce (2018), he invalidated the administration's addition of a question to the 2020 census, finding that Commerce Secretary Wilbur Ross's rationale violated APA standards by concealing the true policy motive behind a of Voting Rights Act enforcement, thus undermining procedural regularity and statutory requirements. He permitted limited extra-record discovery due to evidence of bad faith, framing this as enforcing separation-of-powers principles that demand in administrative reasoning, not judicial abdication. Similarly, in a 2022 ruling on the Anti-Terrorism Clarification Act, Furman struck down provisions targeting the , holding that foreign policy deference does not exempt or the executive from constitutional limits, requiring courts to verify alignment with and separation-of-powers doctrines. Furman's approach shows no evident shift post-2016; high-profile scrutiny of Trump-era actions arose from the volume of challenges to policies, but his —textual coupled with APA enforcement—mirrors restraint in earlier cases, such as deferring to agency interpretations where procedurally sound. For instance, in enjoining aspects of executive sanctions related to the in 2025, he again grounded the decision in statutory violations, applying the same APA framework without regard to the administration in power. This consistency underscores a view that judicial checks on executive authority serve to preserve legislative intent and administrative , rather than intervention, though critics from conservative outlets have characterized such rulings as overreach into domains.

Notable Rulings

Challenges to Executive Actions Under Trump Administration

In New York v. Department of Commerce (2019), Furman ruled on January 15 that the Trump administration's decision to add a citizenship question to the 2020 decennial census violated the Administrative Procedure Act (APA), as Commerce Secretary Wilbur Ross's rationale—that the question was needed to improve enforcement of the Voting Rights Act—was pretextual and not the genuine basis for the policy. Furman found Ross had failed to consider evidence that the question would depress response rates among non-citizen households, potentially leading to undercounts of hundreds of thousands, and had cherry-picked data while ignoring administrative feasibility concerns raised by the Census Bureau. The ruling immediately enjoined the question's inclusion, halting its printing and distribution pending appeal, though the Supreme Court later addressed related aspects without overturning Furman's APA findings on pretext. Furman issued a preliminary in 2020 against aspects of Trump administration sanctions targeting () activities, blocking enforcement against U.S. academics engaged in ICC-related research and advocacy on grounds that such penalties infringed First Amendment protections for speech and association. This stemmed from 13928, issued June 11, 2020, which authorized sanctions on ICC personnel and affiliates investigating U.S. or allied nationals; Furman determined the order's application to domestic academic work lacked a sufficiently tailored justification and risked chilling protected expression. Building on prior ICC challenges, Furman granted a permanent injunction on July 30, 2025, in Rona v. against 14203 (issued February 6, 2025), which imposed civil and criminal penalties—including up to 20 years' imprisonment—on individuals or entities providing services to sanctioned affiliates. He held the order substantially similar to the 2020 version, impermissibly burdening plaintiffs—two law professors'—First Amendment rights by punishing advisory and representational services to the without evidence of direct threats to U.S. interests, emphasizing that the sanctions' breadth exceeded executive authority under statutes. The injunction barred enforcement against the plaintiffs nationwide, preventing immediate penalties and allowing continued engagement, though it applied narrowly to the challengers' circumstances.

Other Significant Decisions

In Kaufman v. monday.com Ltd., decided on June 21, 2024, Furman denied defendant monday.com's motion to dismiss a patent infringement complaint alleging willful infringement of U.S. Patent No. 8,914,382, which covers a user interface for displaying hierarchical data, holding that the complaint plausibly alleged direct and indirect infringement under a reasonable infringement theory and rejected arguments that the patent was directed to an abstract idea under Alice Corp. v. CLS Bank Int'l. Furman has also addressed procedural protections in disputes, notably in In re Subpoena Dated February 22, 2024, where on April 2, 2024, he ruled that the Martindell presumption—under which materials produced pursuant to a court-ordered protective order in civil litigation are presumptively shielded from subpoenas—does not extend to protective orders issued by in private , emphasizing differences in the interests at stake, including the lack of judicial oversight in and the strong in secrecy and investigatory needs. In antitrust matters, Furman denied a motion to dismiss on March 28, 2016, in Alaska Electrical Pension Fund v. Corp., rejecting defendants' argument that plaintiffs lacked antitrust injury in claims alleging manipulation of benchmarks, distinguishing prior LIBOR decisions and holding that allegations of artificial suppression of rates causing overpayments stated a viable injury under the Sherman Act. Furman granted class certification in a multi-billion-dollar antitrust alleging banks conspired to suppress competition in the market for Variable Rate Demand Obligations (VRDOs), a decision affirmed by the Second Circuit on August 1, 2025, finding that common issues predominated under Rule 23(b)(3) despite defendants' challenges to individualized calculations.

Appeals and Reversals

Furman's decisions have undergone appellate review primarily by the United States Court of Appeals for the Second Circuit, with some affirmances and occasional reversals that refined or limited his holdings. One case advanced to the , where aspects of his analysis were endorsed in dicta amid a procedural vacatur. These outcomes illustrate the deference typically afforded district court factual findings under clear error review, contrasted with scrutiny of legal conclusions. In Department of Commerce v. New York (2019), concerning the administration's effort to add a question to the 2020 decennial census, Furman held that Commerce Secretary Wilbur Ross's rationale—improving enforcement of the Rights Act—was pretextual and thus arbitrary and capricious under the , enjoining the question's inclusion. The vacated Furman's and those of parallel district courts as after the administration abandoned the question, declining to resolve the merits. However, Roberts's controlling opinion concurred with Furman's pretext determination, describing the Department's explanation as "contrived to conceal [the] true motive" and unsupported by the administrative record, including inconsistencies in the timing and pursuit of Rights Act data needs. This endorsement affirmed the evidentiary basis for skepticism toward the agency's justifications without reinstating the injunction or foreclosing future attempts under a different rationale. The Second Circuit has affirmed Furman in procedural and class certification matters, such as upholding his September 2023 grant of class status to cities suing banks over variable-rate demand obligation interest-rate manipulation in 2025. It similarly affirmed judgments in related tandem appeals involving similar issues in October 2025. A notable reversal occurred in In re , N.A. (2022), where Furman ruled in February 2021 that 's erroneous $500 million wire transfer to Revlon lenders in 2020 constituted a voluntary prepayment discharging the underlying facility under law's discharge-for-value defense, denying restitution. The Second Circuit reversed in September 2022, holding that the lenders had of 's —evidenced by the payment's structure and lack of accompanying documents—and thus could not retain the funds, narrowing the defense's application to inadvertent overpayments without such notice. This outcome highlighted appellate constraints on district courts' interpretations of commercial defenses where record evidence of mistake awareness predominates.

Controversies and Criticisms

Accusations of Judicial Activism

Critics from conservative legal circles have accused Judge Jesse M. Furman of engaging in by overstepping the bounds of to impose policy preferences, particularly in cases challenging executive discretion under the administration. In the litigation over the addition of a question to the 2020 , Furman's January 2019 ruling invalidated Commerce Secretary Wilbur Ross's decision as pretextual and arbitrary, a move decried by as biased overreach that second-guessed legitimate executive judgment on methodology and relied on contested claims of immigrant undercounts without sufficient deference to administrative expertise. Such interventions, according to a September 2019 Law & Liberty analysis, exemplify a broader of judicial encroachment on , where Furman, as an Obama appointee, aligned with states to block policy implementation, effectively allowing courts to usurp the political branches' role in areas like demographic traditionally afforded wide latitude. This approach has drawn further scrutiny for selective application, with commentators noting Furman's readiness to enjoin Trump-era actions—such as his July 2025 permanent injunction against sanctioning support for the , which critics viewed as unwarranted interference in prerogatives—contrasted against greater restraint in non-partisan or opposing contexts, thereby prioritizing outcomes over institutional . The echoed these concerns in March 2025, contending that Furman exceeded his by halting the of activist Mahmoud Khalil pending , framing it as an improper check on immigration enforcement.

Responses to Conservative Critiques

Furman's defenders, including legal scholars analyzing his handling of challenges to actions, contend that his exemplifies rigorous adherence to the (APA), particularly in evaluating whether agency decisions are arbitrary, capricious, or pretextual based solely on the administrative record. In the 2020 census citizenship question litigation, Furman ruled on January 15, 2019, that the Department of Commerce's stated rationale—responding to a Department of Justice request for voting rights enforcement data—was a post hoc pretext unsupported by contemporaneous evidence, as internal documents and testimony revealed the question's origins predated any DOJ input and aimed at alternative policy goals. This determination rested on discrepancies in sworn statements and records, without extrarecord materials, aligning with APA standards for deferential yet searching review. The U.S. Supreme 's decision in Department of Commerce v. New York (June 27, 2019) bolstered this view by explicitly accepting Furman's factual findings on , with Roberts' stating that "the evidence tells a story that does not match the explanation the Secretary gave," and describing the DOJ request as an "invented" justification after the fact. While the vacated the on narrower grounds related to remedial , its endorsement of the analysis—by a conservative majority including appointees—undercuts claims of partisan overreach, as the ruling affirmed that violations can invalidate agency actions irrespective of policy merits. Furman has articulated a centered on impartial fact-finding and statutory fidelity, asserting in his 2011 Senate questionnaire that a judge's paramount duty is to "fairly and impartially find facts and then faithfully apply the law to those facts," without regard for personal views or external pressures. Supporters highlight his prior service as an attorney in the DOJ Civil Division's Appellate Staff from 2002 to 2012, which bridged the and administrations, as demonstrating practical experience in defending executive actions across partisan contexts and fostering detachment from ideological sway. Such tenure, involving appellate briefs on diverse federal issues, is invoked to counter allegations by illustrating sustained professional neutrality. Analyses of Furman's approach also draw parallels to judicial interventions against executive overreach in prior administrations, noting that challenges succeeded against Obama-era initiatives like the Clean Power Plan and overtime rule expansions, where courts similarly probed rationales for evidentiary gaps—illustrating that scrutiny is a bipartisan judicial rather than targeted . Conservative critiques portraying Furman's rulings as uniquely obstructive are thus rebutted by precedents showing equivalent thresholds applied uniformly, emphasizing causal evidence over policy outcomes.

Personal Life

Family and Residences

Furman is married to Ariela Dubler, a former professor of law at who currently serves as head of school at the Abraham Joshua Heschel School in . The couple has three children, though details about them remain private. Furman and his family reside in the area, where he was born in 1972 and continues to serve on the for the Southern District of .

Public Engagements and Affiliations

Prior to his judicial appointment, Furman served as treasurer of the Furman Foundation from 2000 to 2008, a family philanthropic organization funded by his mother, in which he held no decision-making authority over grant distributions. As a judge, Furman has chaired the for the Southern District of New York's Pro Se , through which he has supported initiatives to encourage legal services for unrepresented litigants. He also chairs the Judicial Conference of the Advisory on Rules, presenting proposals and updates on evidence amendments to the broader on Rules of Practice and Procedure. In addition, Furman moderated a program for the Federal Bar Council on developments distinguishing criminal conduct from political activity. Furman's annual financial reports, as required under the , reveal investments primarily in family-related entities, including trusts associated with his brother and LLCs linked to family member Jay Furman, valued in ranges such as $1,000,001 to $5,000,000 for certain holdings; these disclosures indicate no external professional affiliations posing reported conflicts of interest.

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