Edward R. Becker | |
|---|---|
 | |
| Senior Judge of theUnited States Court of Appeals for the Third Circuit | |
| In office May 4, 2003 – May 19, 2006 | |
| Chief Judge ofUnited States Court of Appeals for the Third Circuit | |
| In office 1998–2003 | |
| Preceded by | Dolores Sloviter |
| Succeeded by | Anthony Joseph Scirica |
| Judge of theUnited States Court of Appeals for the Third Circuit | |
| In office December 3, 1981 – May 4, 2003 | |
| Appointed by | Ronald Reagan |
| Preceded by | Max Rosenn |
| Succeeded by | Franklin Van Antwerpen |
| Judge of theUnited States District Court for the Eastern District of Pennsylvania | |
| In office October 14, 1970 – January 22, 1982 | |
| Appointed by | Richard Nixon |
| Preceded by | Seat established by 84 Stat. 294 |
| Succeeded by | Thomas Newman O'Neill Jr. |
| Personal details | |
| Born | Edward Roy Becker (1933-05-04)May 4, 1933 Philadelphia,Pennsylvania, U.S. |
| Died | May 19, 2006(2006-05-19) (aged 73) Philadelphia,Pennsylvania, U.S. |
| Education | University of Pennsylvania (BA) Yale University (LLB) |
Edward Roy Becker (May 4, 1933 – May 19, 2006) was aUnited States circuit judge of theUnited States Court of Appeals for the Third Circuit and a United States district judge of theUnited States District Court for the Eastern District of Pennsylvania.
Born inPhiladelphia,Pennsylvania, Becker received hisBachelor of Arts degree from theUniversity of Pennsylvania in 1954, and hisBachelor of Laws fromYale Law School in 1957. He had a private law practice in Philadelphia from 1957 to 1970.
Becker's career as a federal judge began with his nomination to theU.S. District Court for the Eastern District of Pennsylvania. He was nominated by PresidentRichard M. Nixon on September 24, 1970 to a new seat created by 84 Stat. 294, was confirmed by theUnited States Senate on October 8, 1970 and received his commission on October 14, 1970. His service terminated on January 22, 1982 due to his elevation to the Third Circuit.[1]
Ronald Reagan nominated Becker on November 16, 1981 to the Third Circuit seat vacated byMax Rosenn. Becker was confirmed by the Senate on December 3, 1981 and received his commission on the same day.[1] He served as Chief Judge from 1998 to 2003.[2] He assumedsenior status on May 4, 2003.[1]
Becker was known for the caseMackensworth v. American Trading Transportation Co. a decision that he wrote in verse.[3] He was also known for occasionally inserting humor into judicial rulings.[4]
In 1977 Becker was assigned the massive Japanese Electronic Products Antitrust Litigation in whichZenith Radio Corp. and National Union Electric (“N.U.E.”) sought billions of dollars in damages against most of the Japanese television manufacturers and two American companies,Sears, Roebuck and Co. andMotorola. The case had been pending since 1970 when it was first filed by N.U.E. and had been in the hands of a number of federal court judges. The case had languished and Becker began to work to get this case to trial.[5] In 1981, Becker entered summary judgment for all defendants on the antitrust and antidumping claims and dismissed the lawsuits.[6] Plaintiffs appealed and the appellate court reversed Becker’s rulings in favor of the Japanese manufacturers on the antitrust claims, but affirmed the summary judgment for Sears, Roebuck and Co., Motorola, Inc. and Sony.[7] In March, 1986 theSupreme Court of the United States affirmed Becker’s rulingin favor of the defendants on Zenith’s antitrust claims.[8]
In 2003, Becker authored the decision onFreethought Society of Greater Philadelphia v. Chester County, ruling that the display ofTen Commandments outside of acourthouse ofChester County did not violate theEstablishment Clause of theFirst Amendment.[9]
Becker was known for his humility and humanity; clerks were told to come up with strong arguments against his positions and not merely defer to him. He commuted by train for nearly his entire career, often reading cases along the way. His law clerks accompanied him during afternoon walks to visit his elderly mother in center city, discussing cases along the way and back. He was active in civic affairs, including some involvement in the relocation of theLiberty Bell.
Becker spent virtually all of his life in and around the city of Philadelphia.[10] His father was a lawyer and his wife, Flora, was also a judge,[11] and two of their three children are also lawyers. One of his sons, Jonathan, became a teacher, while another son, Charles (Chip) Becker, became a lawyer in private practice and daughter Susan has worked for theUnited States Attorney's Office for theEastern District of Pennsylvania.[12][13] His parents, wife, and friends generally called him Eddie.[10] He was a fan of theSixers basketball team.
He was an expert piano player; a former law clerk of his recruited him to become the pianist forChief Justice Rehnquist's annual all-court sing-along.[14][15]
The lobby at theJames A. Byrne United States Courthouse in Philadelphia is named in Becker's honor.[16] The block of Chestnut Street that runs from Fifth Street to Sixth Street, between theLiberty Bell andIndependence Hall, is marked as Judge Edward R. Becker Way, in recognition of his leadership in the campaign to keep theNational Park Service from closing that block to public access in the wake of9/11.[17]
Becker died ofprostate cancer on May 19, 2006.[10] Eulogies were delivered by SenatorArlen Specter, recently confirmed Supreme Court Justice (and former Third Circuit judge)Samuel Alito, Third Circuit Court colleagues Chief JudgeAnthony Scirica, JudgeMidge Rendell, and byStephen J. Harmelin, managing director of Dilworth Paxson. U.S. Supreme Court JusticesAntonin Scalia andDavid Souter, as well as Justice Alito and Pennsylvania GovernorEd Rendell attended the ceremony.[14]
After his death, the Fox Rothschild Center for Law and Society of theCommunity College of Philadelphia created the Judge Edward R. Becker Citizenship Award.[18] Recipients have included:
The award is generally presented by Judge Becker's son, Chip, in the early part of the year, February through April.
Among his law clerks were:
| Legal offices | ||
|---|---|---|
| Preceded by Seat established by 84 Stat. 294 | Judge of theUnited States District Court for the Eastern District of Pennsylvania 1970–1982 | Succeeded by |
| Preceded by | Judge of theUnited States Court of Appeals for the Third Circuit 1981–2003 | Succeeded by |
| Preceded by | Chief Judge of theUnited States Court of Appeals for the Third Circuit 1998–2003 | Succeeded by |
| International | |
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| National | |
