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Consuelo Callahan began her law career as the Deputy City Attorney for Stockton, California, and then became Deputy District Attorney in San Joaquin County, California. She focused her practice on child abuse and sexual assault cases. In 1986, she became a commissioner of the Stockton Municipal Court. In 1992, she became the first Hispanic woman to be appointed to the San Joaquin CountySuperior Court. In 1996, GovernorPete Wilson appointed her to serve on the Third District California Court of Appeal in Sacramento.
Federal judicial service
On February 12, 2003, Callahan was nominated by President George W. Bush to serve on the United States Court of Appeals for the Ninth Circuit. Her Senate confirmation hearing was on May 7, 2003. On May 22, 2003, she was confirmed by a 99–0 vote. She received her judicial commission on May 28, 2003.
Possible Supreme Court nomination
On September 20, 2005, The New York Times named Callahan as a George W. Bush candidate for associate justice of the United States Supreme Court, to replace Associate Justice Sandra Day O'Connor. She was supported by some Democrats and the Congressional Hispanic Caucus as being more moderate than many of Bush's other appointees. On October 9, 2005 Chicago Sun-Times columnist Robert Novak reported Callahan was one of two finalists for the O'Connor seat, the other being White House CounselHarriet Miers, whom Bush nominated. On October 27, 2005, Miers withdrew her name from consideration and again, Callahan was mentioned as a possible nominee. Bush ultimately nominated Samuel Alito to O'Connor's seat.
Notable cases
On November 13, 2023, Callahan voted against temporarily blocking Idaho's abortion ban despite to its lack of exceptions for medical emergencies. A 7-4 majority voted to temporarily block the ban. On January 5, 2024, the Supreme Court said it would take up the case and dissolved the 9th circuit's temporary injunction.