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J. Clifford Wallace

From Wikipedia, the free encyclopedia
American federal judge (born 1928)
Clifford Wallace
Senior Judge of theUnited States Court of Appeals for the Ninth Circuit
Assumed office
April 8, 1996
Chief Judge of theUnited States Court of Appeals for the Ninth Circuit
In office
January 31, 1991 – April 8, 1996
Preceded byAlfred Goodwin
Succeeded byProcter Ralph Hug Jr.
Judge of theUnited States Court of Appeals for the Ninth Circuit
In office
June 28, 1972 – April 8, 1996
Appointed byRichard Nixon
Preceded byJames Marshall Carter
Succeeded byKim McLane Wardlaw
Judge of theUnited States District Court for the Southern District of California
In office
October 16, 1970 – July 14, 1972
Appointed byRichard Nixon
Preceded bySeat established
Succeeded byWilliam Benner Enright
Personal details
BornJohn Clifford Wallace
(1928-12-11)December 11, 1928 (age 96)
EducationSan Diego State University (BA)
University of California, Berkeley (LLB)

John Clifford Wallace (born December 11, 1928) is an American lawyer and jurist serving as asenior United States circuit judge of theU.S. Court of Appeals for the Ninth Circuit. He was appointed to the Ninth Circuit in 1972 by PresidentRichard Nixon and was its chief judge from 1991 to 1996. He was a U.S. district judge of theU.S. District Court for the Southern District of California from 1970 to 1972.

Education and career

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Wallace was born on December 11, 1928, inSan Diego,California.[1] He served in theUnited States Navy from 1946 to 1949, attaining the rank of Second Class Petty Officer. He later graduated fromSan Diego State University in 1952 with aBachelor of Arts and from theUC Berkeley School of Law in 1955 with aBachelor of Laws. He was in private practice in San Diego from 1955 to 1970, at the law firm ofGray Cary Ames & Frye.[2]

Federal judicial service

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Wallace was nominated by PresidentRichard Nixon on October 7, 1970, to theUnited States District Court for the Southern District of California, to a new seat authorized by 84 Stat. 294. He was confirmed by theUnited States Senate on October 13, 1970, and received his commission on October 16, 1970. His service terminated on July 14, 1972, due to his elevation to the Ninth Circuit.[2]

Wallace was nominated by Nixon on May 22, 1972, to a seat on theUnited States Court of Appeals for the Ninth Circuit vacated byJames Marshall Carter. He was confirmed by the Senate on June 28, 1972, and received his commission on June 28, 1972.[2] Wallace served as Chief Judge of the Ninth Circuit from 1991 to 1996. He assumedsenior status on April 8, 1996.[2] As a senior judge, Wallace has a reduced caseload, but he continues to hear cases in the Ninth Circuit, and he sitsby designation from time to time as a visiting judge on other federal appellate courts.

WhenPotter Stewart announced he was stepping down fromthe Supreme Court in June 1981, Wallace was initially believed to be the favorite for Stewart's seat,[3] but he lost out toSandra Day O'Connor becauseRonald Reagan had made a campaign promise to appoint the first woman to the Court.[4] Wallace was apparently not considered for the next vacancy after the departure of Chief JusticeWarren Burger five years later, but after the retirement ofLewis F. Powell Jr. in 1987 andthe rejection of Robert Bork, Wallace reemerged as a possible high court nominee. AlongsidePasco Bowman II ofthe Eighth Circuit, however, Wallace was viewed by the Senate's Democratic majority as the most controversial amongst the thirteen or fourteen nominees proposed after Bork was rejected.[5] Wallace's devoutMormon faith, strong support forthe death penalty based upon theBible,[6] and belief that strictseparation of church and state was not mandated bythe Constitution[7] were all viewed unfavourably by Republican officials aware of a requirement for Democratic support and consultation.[8] Democrats themselves voiced strong objection to Wallace as an excessively ideological candidate akin to Bork,[8] and he was further hindered by his 1984 ruling that rejected an appeal by female athletes to include longer-distance races for women inthe Summer Olympics.[6] Powell's seat ultimately went toAnthony Kennedy, who was then serving alongside Wallace on the Ninth Circuit.

On July 31, 2018, Wallace wrote an opinion ruling against the sheriffJoe Arpaio. He was joined by JudgesSusan P. Graber andMarsha Berzon.[9] On October 22, 2019, Wallace wrote a 2–1 opinion that prohibited religious exemptions for businesses that did not want to participate in the healthcare system due to support of contraceptives. Wallace was joined by Graber, over the dissent of JudgeAndrew Kleinfeld.[10]

Personal life

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Wallace is a member ofthe Church of Jesus Christ of Latter-day Saints, and is the first member of the church to serve as chief judge of the United States Court of Appeals. On April 24, 2025,Brigham Young University conferred on Wallace an honorary doctorate of law and public service.[11][12] Wallace has been widowed twice. As of 2025, he and his wife, Dixie Jenee Robison Wallace, jointly have 15 children, 51 grandchildren, and 38 great-grandchildren.[11][13]

See also

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References

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  1. ^Judicial Conference of the United States. Bicentennial Committee (1978).Judges of the United States. The Committee : for sale by the Supt. of Docs., U.S. Govt. Print. Off. Retrieved2015-07-19.
  2. ^abcdJohn Clifford Wallace at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  3. ^‘Californian Top Court Guess’;Fort Worth Star-Telegram, June 23, 1981, p. 3A
  4. ^‘The Selection’;St. Petersburg Times; July 8, 1981, p. 6A
  5. ^Epstein, Aaron; ‘3 High Court Hopefuls Deemed OK’;The Miami Herald, October 28, 1987, p. 16
  6. ^ab‘Alternates to Bork Surfacing: Nominees’;El Paso Times, October 11, 1987, pp. 1A, 4A
  7. ^Lauter, David (October 25, 1987). "Defeat of Judge Robert Bork: In Name Only?".The Record (Hackensack, New Jersey). p. A-14.
  8. ^abHanrahan, John; ‘Consultation on New Court Nominee Pleases Democrats’;The Herald (Jasper, Indiana), October 28, 1987, p. 22
  9. ^John Clifford Wallace (July 31, 2018)."United States of America, Intervenor-Plaintiff-Appellee, v. Maricopa County, Defendant-Appellant, and Joseph M. Arpaio, Defendant"(PDF). United States Court of Appeals for the Ninth Circuit.
  10. ^Danielle Wallace (October 23, 2019)."Ninth Circuit blocks Trump administration birth control exemptions". Fox News.
  11. ^ab"BYU Commencement". Brigham Young University. 24 April 2025.
  12. ^Gibson, Rachel Sterzer (30 April 2025)."Who is J. Clifford Wallace, BYU's most recent honorary doctorate recipient?".Church News.
  13. ^Vaughn, Melinda Myers (28 December 2021)."The 2022 Bolch Prize: J. Clifford Wallace".Judicature.

Sources

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New seatJudge of theUnited States District Court for the Southern District of California
1970–1972
Succeeded by
Preceded by Judge of theUnited States Court of Appeals for the Ninth Circuit
1972–1996
Succeeded by
Preceded by Chief Judge of theUnited States Court of Appeals for the Ninth Circuit
1991–1996
Succeeded by
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