Marsha Berzon
Marsha Siegel Berzon is afederal judge onsenior status with theUnited States Court of Appeals for the 9th Circuit. She joined the court in 2000 after being nominated by PresidentBill Clinton (D). She assumed senior status on January 12, 2022.[1][2]
Early life and education
A native ofCincinnati, Ohio, Berzon graduated from Radcliffe College with her B.A. in 1966, and from the University of California, Berkeley, Boalt Hall School of Law with herJ.D. in 1973.[1]
Professional career
- 1978-2000: Private practice,San Francisco, Calif.
- 1994: Practitioner-in-residence, Cornell School of Law
- 1992: Lecturer, University of California, Berkeley
- 1975-1977: Private practice,Washington, D.C.
- 1974-1975: Law clerk, Hon.William Brennan,Supreme Court of the United States
- 1973-1974: Law clerk, Hon.James R. Browning,United States Court of Appeals for the 9th Circuit[1]
Judicial career
Ninth Circuit Court of Appeals
 |
| Nominee Information |
| Name: Marsha L. Berzon |
| Court:United States Court of Appeals for the 9th Circuit |
| Progress |
| Confirmed 772 days after nomination. |
 ANominated: January 27, 1998 |
| AABA Rating:Substantial Majority Well Qualified, Minority Qualified |
| Questionnaire: |
| AHearing: July 30, 1998 June 16. 1999 |
| QFRs:(Hover over QFRs to read more) |
| AReported: July 1, 1999 |
| AConfirmed: March 9, 2000 |
| AVote: 64-34 |
 AReturned: October 21, 1998 |
Berzon was first nominated to theUnited States Court of Appeals for the 9th Circuit by PresidentBill Clinton on January 27, 1998, to a seat vacated byJohn Noonan. TheAmerican Bar Association rated BerzonSubstantial Majority Well Qualified, Minority Qualified for the nomination.[3] Hearings on Berzon's nomination were held before theUnited States Senate Committee on the Judiciary on July 30, 1998. Under Rule XXXI, paragraph 6 of the standing rules of the Senate, Berzon's nomination was returned to the president on October 21, 1998. President Clinton resubmitted the nomination on January 26, 1999. Hearings were held before theSenate Judiciary Committee on June 16, 1999, and her nomination was reported by U.S. Sen.Orrin Hatch (R-Utah) on July 1, 1999. Berzon was confirmed on a recorded 64-34 vote of theU.S. Senate on March 9, 2000, and she received her commission on March 16, 2000.[1][4][5]
Noteworthy cases
Judge finds NCIS search illegal (2014)
NCIS employee Steve Logan conducted online surveillance from his desk of computers in the state of Washington. While working, Logan identified a private citizen's computer containing images of child pornography. Logan turned this information over to Seattle police. In turn, the police furthered the investigation and eventually arrested and charged Michael Dreyer with possession of child pornography. Dreyer was convicted based, at least partly, on the evidence NCIS uncovered and was sentenced to 18 years in prison.
Dreyer appealed, claiming his motion to suppress the NCIS evidence, as well as evidence gathered based on that search, should have been granted rather than denied. A three-judge panel of theNinth Circuit agreed with Dreyer.
JudgeMarsha Berzon wrote for the majority. In response to Logan's argument that he was only able to identify the suspect’s whereabouts within a 30-mile radius of the IP address he identified and that he wrote in a search warrant that the large Department of Defense saturation in the area indicated a likelihood that the suspect was in the military, Berzon wrote, "To accept that position would mean that NCIS agents could, for example, routinely stop suspected drunk drivers in downtown Seattle on the off-chance that a driver is a member of the military, and then turn over all information collected about civilians to the Seattle Police Department for prosecution." The lone dissenter, JudgeDiarmuid O'Scannlain, said that to apply the exclusionary rule in cases like this should be the last resort; societal costs must be considered before excluding evidence. He was particularly scathing when writing how the majority decision benefited Dreyer, who obviously possessed illegal child pornography in his home.
Articles:
Court upholds striking of Planned Parenthood defunding law (2013)
Judge Berzon was the opinion-writing judge on a three-judge panel, that includedJay Bybee andConsuelo B. Marshall, that affirmed a ruling by U.S. District JudgeNeil Wake. Wake ruled that an Arizona law, that defunded Planned Parenthood, was in violation of the Medicaid Act. In her opinion Judge Berzon wrote,
| “ | The Arizona law violates this requirement by precluding Medicaid patients from using medical providers concededly qualified to perform family planning services to patients in Arizona generally, solely on the basis that those providers separately perform privately funded, legal abortions.[6][7] | ” |
See also
External links
Footnotes
- ↑1.01.11.21.3Federal Judicial Center, "Berzon, Marsha Siegel," accessed January 25, 2022
- ↑Law.com, "Another 9th Circuit Judge ‘Goes Senior,’ Creating Second Vacancy on Court," April 6, 2021
- ↑American Bar Association, "Ratings of Article III judicial nominees, 105th Congress," accessed July 16, 2016
- ↑United States Congress, PN 828 - Marsha L. Berzon - The Judiciary," accessed July 16, 2016
- ↑United States Congress, "PN 33 - Marsha L. Berzon - The Judiciary," accessed July 16, 2016
- ↑Courthouse News, "Abortion Providers Beat Arizona's Maneuvering," August 22, 2013
- ↑Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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- Pages using DynamicPageList3 parser function
- Appointed by Bill Clinton
- Confirmed 2000
- Federal Article III judges
- Federal judiciary nominee, January 1999
- Judge on senior status, United States Court of Appeals for the 9th Circuit
- Senior federal judge
- United States of America
- Noteworthy case
- Judge on senior status, Ninth Circuit
