Mark J. Bennett

Federal judicial service On February 12, 2018, President Donald Trump announced his intent to nominate Bennett to an undetermined seat on the United States Court of Appeals for the Ninth Circuit. On February 15, 2018, his nomination was sent to the Senate. Bennett was nominated for the seat vacated by Judge Richard Clifton, who assumed senior status on December 31, 2016. On April 11, 2018, a hearing on his nomination was held before the Senate Judiciary Committee. On May 10, 2018, his nomination was reported out of committee by an 18–2 vote. On July 9, 2018, the United States Senate invoked cloture on his nomination by a 72–25 vote. On July 10, 2018, his nomination was confirmed by a 72–27 vote. All 27 votes against his confirmation came from Republican Senators due to his defense of Hawaii's restrictive firearms laws in court. He received his judicial commission on July 13, 2018.

On August 16, 2019, Bennett was in the majority of a split panel for the Ninth Circuit which blocked new asylum restrictions by the Trump administration within its own jurisdiction but declined to block the new asylum rules across the entire nation.

In September 2020, Bennett dissented when the panel majority found that a robocall defendant could not use the Federal Arbitration Act to compel enforcement of a customer agreement the plaintiff had signed years earlier with a separate company that had subsequently been acquired by the holding company that now also owned the defendant.

On December 4, 2021, Bennett was one of two judges who declined to halt San Diego Unified School District's requirements that students be vaccinated by December 20.

On September 6, 2022, Bennett wrote a concurring opinion in the 9th circuit decision upholding Washington's ban on conversion therapy for minors. The Supreme Court denied certiorari on December 11, 2023.

In June 2025, Bennett ruled that President Trump can keep control of the California National Guard in the wake of ICE raids.

Personal life Bennett is married to Honolulu attorney Patricia Tomi Ohara.