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Richard Clifton

From Wikipedia, the free encyclopedia
American judge (born 1950)
For the Brownist pastor (d. 1616), seeRichard Clyfton.
Richard Clifton
Senior Judge of theUnited States Court of Appeals for the Ninth Circuit
Assumed office
December 31, 2016
Judge of theUnited States Court of Appeals for the Ninth Circuit
In office
July 30, 2002 – December 31, 2016
Appointed byGeorge W. Bush
Preceded byCynthia Holcomb Hall
Succeeded byMark J. Bennett
Personal details
BornRichard Randall Clifton
(1950-11-13)November 13, 1950 (age 75)
EducationPrinceton University (AB)
Yale University (JD)

Richard Randall Clifton (born November 13, 1950) is aseniorUnited States circuit judge of theUnited States Court of Appeals for the Ninth Circuit.

Education and legal training

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Clifton received anArtium Baccalaureus degree atPrinceton University and aJuris Doctor fromYale Law School. After law school, he clerked for Ninth Circuit JudgeHerbert Choy.[1]

Career

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Following his clerkship, he was in private practice inHonolulu, Hawaii until his appointment to the federal bench. He also taught for several years at theWilliam S. Richardson School of Law at theUniversity of Hawaii as an adjunct professor.

Federal judicial service

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He was nominated to theUnited States Court of Appeals for the Ninth Circuit byGeorge W. Bush on September 4, 2001 to fill a seat vacated byCynthia Holcomb Hall. TheUnited States Senate confirmed him on July 30, 2002 by a 98–0 vote.[2] He was Bush's first appointment to the Ninth Circuit. He received his commission on July 30, 2002.[3] He assumedsenior status on December 31, 2016.[3][4]

Notable cases

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In 2006, he was one of the judges on the panel that upheld the imprisonment of journalistJosh Wolf.[5]

On February 7, 2017, Clifton along with fellow Ninth Circuit judgesWilliam Canby andMichelle Friedland heard oral arguments on a motion from theTrump administration to stay the temporary restraining order inState of Washington v. Trump, part of the ongoing court cases related toExecutive Order 13769.[6][7] A live audio feed[8] of the telephonic argument was broadcast nationwide.[6][7] On February 9, the three judges denied the request for a stay of the temporary restraining order.[9][10]

In July 2018, Clifton dissented when the court found that Hawaii'slicensing requirement toopenly carry firearms violated theSecond Amendment to the United States Constitution.[11][12]

On July 3, 2019, in a follow-up ruling to the February 2017 ruling, Clifton andMichelle T. Friedland upheld a district court's halting of parts of Donald 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 on ideological lines withStephen Breyer saying he would temporarily block the construction of the wall but allow funding to be set aside for it.[13][14]

On November 29, 2019, Clifton temporarily halted the execution of Barry Lee Jones, who was convicted of one count of sexual assault, 3 counts of child abuse, and a felony murder.[15]

References

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  1. ^Boylan, Peter (March 12, 2004)."Herbert Choy served on 9th Circuit Court".the.honoluluadvertiser.com. Retrieved2019-05-29.
  2. ^"On the Nomination (Confirmation: Richard R. Clifton of Hawaii, to be U.S. Circuit Judge)".
  3. ^abRichard Clifton at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  4. ^"Ninth Circuit Judge Richard R. Clifton Announces Intention to Take Senior Status"(PDF). Public Information Office. RetrievedJanuary 4, 2016.
  5. ^Josh Wolf v. United States Ninth Circuit
  6. ^abLiptak, Adam (2017-02-06)."Justice Department Urges Appeals Court to Reinstate Trump's Travel Ban".The New York Times.ISSN 0362-4331. Retrieved2017-02-07.
  7. ^ab"Motions Panel".www.ca9.uscourts.gov. Retrieved2017-02-07.
  8. ^United States Court of Appeals for the Ninth Circuit (2017-02-07),17-35105 State of Washington, et al. v. Donald J. Trump et al.,archived from the original on 2021-12-14, retrieved2017-02-09
  9. ^Liptak, Adam (2017-02-09)."Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss".The New York Times.ISSN 0362-4331. Retrieved2017-02-09.
  10. ^"Published Order Denying Stay"(PDF).Ninth Circuit Court of Appeals. February 9, 2017. RetrievedFebruary 9, 2017.
  11. ^Note,Recent Case: Ninth Circuit Panel Holds Open-Carry Law Infringes Core Right to Bear Arms in Public, 132Harv. L. Rev. 2066 (2019).
  12. ^Young v. Hawaii, 896 F.3d 1044 (9th Cir. 2018).
  13. ^"UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT"(PDF).uscourts.gov. 2019-07-03. Retrieved2024-08-28.
  14. ^Liptak, Adam (26 July 2019)."Supreme Court Lets Trump Proceed on Border Wall".The New York Times.
  15. ^"UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT"(PDF).uscourts.gov. 2019-11-29. Retrieved2024-08-28.

External links

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Preceded byJudge of theUnited States Court of Appeals for the Ninth Circuit
2002–2016
Succeeded by
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