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Mary M. Schroeder

From Wikipedia, the free encyclopedia
American judge (born 1940)
Mary Schroeder
Schroeder in 2017
Senior Judge of theUnited States Court of Appeals for the Ninth Circuit
Assumed office
December 31, 2011
Chief Judge of theUnited States Court of Appeals for the Ninth Circuit
In office
November 30, 2000 – December 1, 2007
Preceded byProcter Ralph Hug Jr.
Succeeded byAlex Kozinski
Judge of theUnited States Court of Appeals for the Ninth Circuit
In office
September 26, 1979 – December 31, 2011
Appointed byJimmy Carter
Preceded bySeat established
Succeeded byAndrew D. Hurwitz
Personal details
Born (1940-12-04)December 4, 1940 (age 84)
EducationSwarthmore College (BA)
University of Chicago (JD)

Mary Murphy Schroeder (born December 4, 1940) is an American attorney and jurist serving as asenior United States circuit judge of theUnited States Court of Appeals for the Ninth Circuit.

Early life and education

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Schroeder with her Ninth Circuit predecessor,Procter Hug (2012)

Born on December 4, 1940, inBoulder, Colorado, Schroeder received herBachelor of Arts degree fromSwarthmore College in 1962 and herJ.D. degree from theUniversity of Chicago Law School in 1965, one of six women in her class.[1] She received an honoraryDoctor of Laws (Legum Doctor (LL.D.) from Swarthmore in May 2006.

Career

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Schroeder practiced as a trial attorney with theUnited States Department of Justice Civil Division from 1965 until 1969. She served as alaw clerk to JusticeJesse Addison Udall of theArizona Supreme Court in 1970. She joined the law firm ofLewis & Roca inPhoenix, Arizona, in 1971 and became a partner in 1973. She was appointed to theArizona Court of Appeals in 1975 and served until 1979.[2]

Schroeder was elected to theAmerican Law Institute in 1974 and was elected to the ALI Council in 1993.[3] She served as an Adviser on the Restatement Third of Agency and serves as an adviser on the Restatement Third, The Law of Consumer Contracts[4] and Principles of Government Ethics.[5] She served as president of the National Association of Women Judges in 1998-99.[6]

Federal judicial service

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Schroeder was nominated by PresidentJimmy Carter on May 3, 1979, to theUnited States Court of Appeals for the Ninth Circuit, to a new seat authorized by 92 Stat. 1629. She was confirmed by theUnited States Senate on September 25, 1979, and received her commission on September 26, 1979. She served as the first female chief judge of the Ninth Circuit from 2000 to 2007. She assumedsenior status on December 31, 2011.[2]

Awards

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Schroeder has received numerous prestigious awards, including but not limited to:

In addition, the Arizona State University Law School hasnamed two awards after Schroeder:

  • the Mary M. Schroeder Public Interest Prize
  • the Judge Mary M. Schroeder Federal Practice Award

Notable cases

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  • The northernspotted owl, a case related to theEndangered Species Act
  • TheNapster file trading softwarecopyright infringement appeal.
  • Hirabayashi v. United Statescoram nobis in which the opinion authored by Schroeder vacated the infamous convictions of Gordon Hirabayashi for refusing to report to a control center and breaking curfew during theinternment of Japanese Americans during World War II
  • In CAPEEM v. Torlakson, Schroeder rejected a claim that California schools inaccurately portrayed Hinduism.[7]
  • Jespersen v. Harrah's Operating Co. holding an employer's grooming standards that appropriately discriminate by gender (here requiring women to wear makeup to work) are not facially discriminatory under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
  • In August 2015, Schroeder found that theUnited States District Court for the Southern District of California's policy of indiscriminately shackling criminal defendants in all pretrial hearings violated the Constitution'sDue Process Clause.[8][9] Her judgment was affirmed by the narrowly divided circuiten banc, before being vacated by the unanimousSupreme Court of the United States.[10][11]
  • On December 14, 2016, Schroeder in a unanimous opinion upheld California's 10-day waiting period for firearm purchases under the now-abrogated intermediate scrutiny.[12]
  • "A Community Voice v. USEPA"(PDF).cdn.ca9.uscourts.gov. May 14, 2021. RetrievedMay 20, 2021. (May 14, 2021): Schroeder ruled that the EPA failed to properly examine lead standards, and that it must reconsider those standards.[13] Schroeder concluded her opinion by writing "Consistent with our holding in this opinion that the EPA must reconsider the DLHS, we direct the EPA to reconsider the clearance levels as well in the same proceeding. Both sets of standards must work together to effectuate Congress's intent to end the hazards oflead poisoning in our children."

Personal life

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She is married to Milton Schroeder, a professor at theSandra Day O'Connor College of Law, and has two children, Katherine andCaroline.

See also

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References

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  1. ^"Judge Mary M. Schroeder becomes Chief Judge of the Ninth Circuit. News release". Archived fromthe original on 2011-05-29. Retrieved2008-11-21.
  2. ^abMary Murphy Schroeder at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  3. ^American Law Institute - Officers and CouncilArchived 2012-09-25 at theWayback Machine
  4. ^Restatement Third, the Law of Consumer Contracts - Project ParticipantsArchived 2014-01-06 at theWayback Machine
  5. ^Principles of Government Ethics - Project ParticipantsArchived 2014-04-07 at theWayback Machine
  6. ^"Past Presidents | National Association of Women Judges".www.nawj.org. Retrieved2023-06-26.
  7. ^"Ninth Circuit Tosses Claims of Anti-Hindu Bias in California Schools".Courthouse News Service. Retrieved21 May 2021.
  8. ^Note,Recent Case: Ninth Circuit Deems Unconstitutional Routine Shackling in Pretrial Proceedings, 131Harv. L. Rev. 1163 (2018).
  9. ^United States v. Sanchez-Gomez, 798 F.3d 1204 (9th Cir. 2015).
  10. ^United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (en banc).
  11. ^"United States v. Sanchez-Gomez".Oyez Project. Retrieved11 March 2019.
  12. ^"Silvester v. Harris Appellate Opinion"(PDF).CourtListener. December 14, 2016. RetrievedFebruary 3, 2024.
  13. ^"9th Circ. Says EPA Must Revisit Lead-Related Standards".Law360. May 14, 2021. RetrievedMay 20, 2021.

External links

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Legal offices
New seat Judge of theUnited States Court of Appeals for the Ninth Circuit
1979–2012
Succeeded by
Preceded byChief Judge of theUnited States Court of Appeals for the Ninth Circuit
2000–2007
Succeeded by
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