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On May 10, 2018, President Donald Trump withdrew Nelson's nomination to be Solicitor of the Department of the Interior and announced his intent to instead nominate him to serve as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. On May 15, 2018, his nomination was sent to the Senate. Nelson was nominated to the seat vacated by Judge N. Randy Smith, who subsequently assumed senior status on August 11, 2018. On July 11, 2018, a hearing on his nomination was held before the Senate Judiciary Committee. On September 13, 2018, his nomination was reported out of committee by an 11–10 vote. On October 11, 2018, the United States Senate confirmed his nomination by a 51–44 vote. He received his judicial commission on October 18, 2018.
Memberships
Nelson has been a member of the Federalist Society since 1997. He has served as a council member and co-chair of the General Counsel Committee for the American Bar Association Administrative Law and Regulatory Practice since 2012. Nelson has been a member of the Idaho Chapter of the Federal Bar Association and the Eagle Rock Inns of Court since 2010. He was a member of the Republican National Lawyers Association from 2005 until 2018.
Personal life
Nelson was born and raised in Idaho Falls, Idaho. Nelson is married to Barbara Baer and they have seven children.