Federal judicial service
Merchant was recommended to President Joe Biden by Senator Chuck Schumer.[4] On September 2, 2022, President Biden announced his intent to nominate Merchant to serve as a United States district judge of the United States District Court for the Eastern District of New York. On September 6, 2022, her nomination was sent to the Senate. President Biden nominated Merchant to the seat vacated by Judge William F. Kuntz II, who assumed senior status on January 1, 2022.[5] On January 3, 2023, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. She was renominated on January 23, 2023.[6] On January 25, 2023, a hearing on her nomination was held before the Senate Judiciary Committee.[7] On April 20, 2023, her nomination was reported out of committee by a 12–9 vote.[8] On May 2, 2023, the Senate invoked cloture on her nomination by a 51–48 vote.[9] On May 3, 2023, her nomination was confirmed by a 51–48 vote.[10] She received her judicial commission on May 12, 2023.[11] Since receiving her commission, Merchant has been reversed by the United States Court of Appeals for the Second Circuit for improperly suppressing evidence found pursuant to a search warrant, United States v. Santos, No. 24-2301 (2d Cir. Aug. 27, 2025).[12]
