Michelle Friedland | |
|---|---|
 Friedland in 2022 | |
| Judge of theUnited States Court of Appeals for the Ninth Circuit | |
| Assumed office April 29, 2014 | |
| Appointed by | Barack Obama |
| Preceded by | Raymond C. Fisher |
| Personal details | |
| Born | 1972 (age 52–53) Berkeley,California, U.S. |
| Spouse | |
| Education | Stanford University (BS,JD) Wolfson College, Oxford (attended) |
Michelle Taryn Friedland (born in 1972) is aUnited States circuit judge of theUnited States Court of Appeals for the Ninth Circuit.
Friedland was born inBerkeley,California.[1] She graduated fromThe Pingry School inBasking Ridge,New Jersey.[2] She received aBachelor of Science degree in biology in 1995 fromStanford University, graduatingPhi Beta Kappa.[3] She then studied philosophy atWolfson College, Oxford, as aFulbright Scholar, returning to California for law school. She received aJuris Doctor in 2000 fromStanford Law School, graduatingOrder of the Coif and second in her class.[4] She served as a law clerk to JudgeDavid Tatel of theUnited States Court of Appeals for the District of Columbia Circuit and then served as a law clerk to JusticeSandra Day O'Connor of theUnited States Supreme Court. She completed a two-year lectureship atStanford Law School before entering private practice.[5] She has been married to Daniel Kelly since June 17, 2000.[6]
Before her confirmation, Friedland served as a litigation partner in the San Francisco office ofMunger, Tolles & Olson LLP. She joined the firm in 2004 as an associate, becoming a partner in January 2010. She has extensive litigation experience at the state and federal trial court and appellate levels, including litigating before the United States Supreme Court.[1][5]
During her legal career, Friedland represented a number of corporate clients in cases involving a wide range of legal issues, including antitrust, tax, patent, copyright, and consumer class actions. She also frequently represented theUniversity of California in cases involving constitutional issues. She maintained an activepro bono practice. The State Bar of California named a Munger team including Friedland a recipient of the 2013 President's Pro Bono Service Award.[7] Friedland also has served as an adjunct professor at theUniversity of Virginia Law School, teaching a course on constitutional issues in higher education.[5]
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On August 1, 2013, PresidentBarack Obama nominated Friedland to a seat on theUnited States Court of Appeals for the Ninth Circuit.[1] She filled the seat that was vacated by JudgeRaymond C. Fisher, who assumedsenior status on March 31, 2013.[5] On January 16, 2014, theSenate Judiciary Committee reported her nomination out of committee by a 14–3 vote.[8] On April 10, 2014, theUnited States Senate invoked cloture on her nomination by a 56–41 vote.[9] On April 28, 2014, her nomination was confirmed by a 51–40 vote.[10] She received her judicial commission on April 29, 2014.[11] JusticeSandra Day O'Connor administered the oath of office to Friedland at her formal investiture on June 13, 2014, in theJames R. Browning United States Court of Appeals Building inSan Francisco. At the time of her appointment Friedland, then 41, ranked fourth among the youngest appointees to theNinth Circuit Court of Appeals.[12]
On February 4, 2017, Friedland and JudgeWilliam Canby rejected[13] theTrump administration's request for an administrative stay[14] of the district court's temporary restraining order inState of Washington v. Trump, part of the ongoing court cases related toExecutive Order 13769, pending full review in the Ninth Circuit. On February 7, Friedland, Canby, and JudgeRichard Clifton heard oral arguments on the emergency motion to stay, with an audio feed[15] of the telephonic argument broadcast nationwide.[16][17] On February 9, the three judges denied the request for a stay of the temporary restraining order.[18][19] The case was notably parodied bySaturday Night Live, with Judge Friedland being portrayed byVanessa Bayer.[20]
On July 3, 2019, in another high-profile ruling, Friedland andRichard R. Clifton upheld a district court's halting of parts ofDonald Trump's wall.N. Randy Smith issued a dissent, and on July 26, the Supreme Court overturned Friedland and Clifton by a 5–3 vote, withStephen Breyer saying he would temporarily block the construction of the wall but allow funding to be set aside for it.[21][22]
On August 16, 2021, Friedland (joined by Ronald Gould & Jill Otake) upheld an EPA ruling that the Sacketts' property contained wetlands that were protected by the Clean Water Act.[23] The 9th circuit was reversed by the Supreme Court inSackett v. Environmental Protection Agency (2023), which held that only wetlands with a "continuous surface connection" to waters of the United States were protected by the Clean Water Act.
InGarcia v. City of Los Angeles, decided on September 2, 2021, Friedland ruled that the city of Los Angeles cannot seize and discard the "bulky items" of homeless individuals.[24]
On January 2, 2024, Friedland wrote a dissent from denial of en banc inCalifornia Restaurant Association v. City of Berkeley, a case where the original panel overturned the City of Berkeley's ban on natural gas in new buildings. Friedland was joined by Chief Judge Murguia, Judges Wardlaw, Gould, Koh, Sung, Sanchez, & Mendoza. In Friedland's nearly 10 years on the bench, this is the first time she has written a dissent from denying en banc.[25]
Friedland is married to Daniel Kelly.[26]
| Legal offices | ||
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| Preceded by | Judge of theUnited States Court of Appeals for the Ninth Circuit 2014–present | Incumbent |
| International | |
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| National | |
