On July 29, 2022, President Joe Biden announced his intent to nominate Calabretta to serve as a United States district judge of the United States District Court for the Eastern District of California.[7][9] On August 1, 2022, his nomination was sent to the Senate. President Biden nominated Calabretta to the seat vacated by Judge John Mendez, who assumed senior status on April 27, 2022.[10] On October 12, 2022, a hearing on his nomination was held before the Senate Judiciary Committee.[11] On December 1, 2022, his nomination was reported out of committee by a 12–10 vote.[12] On January 3, 2023, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate; he was renominated later the same day.[13] On February 2, 2023, his nomination was reported out of committee by an 11–9 vote.[14] On February 15, 2023, the Senate invoked cloture on his nomination by a 52–46 vote.[15] On February 16, 2023, his nomination was confirmed by a 51–45 vote.[16] He received his judicial commission on February 21, 2023.[17] He is the first openly gay judge to serve on the Eastern District of California.[18][19]
Notable rulings
On July 31, 2024, Calbretta dismissed a lawsuit by the Republican National Committee against Google, which alleged that Gmail improperly and intentionally routed fundraising emails to Gmail users' spam folders, ruling Google violated no legislative policy or harmed its users.[20]
