Rosemary S. Pooler | |
|---|---|
| Senior Judge of theUnited States Court of Appeals for the Second Circuit | |
| In office March 23, 2022 – August 10, 2023 | |
| Judge of theUnited States Court of Appeals for the Second Circuit | |
| In office June 3, 1998 – March 23, 2022 | |
| Appointed by | Bill Clinton |
| Preceded by | Frank Altimari |
| Succeeded by | Alison Nathan |
| Judge of theUnited States District Court for the Northern District of New York | |
| In office August 10, 1994 – June 9, 1998 | |
| Appointed by | Bill Clinton |
| Preceded by | Howard G. Munson |
| Succeeded by | Norman A. Mordue |
| Justice of theNew York State Supreme Court from the 5th Judicial district | |
| In office 1990–1994 | |
| Personal details | |
| Born | Rosemary Shankman (1938-06-21)June 21, 1938 New York City, New York, U.S. |
| Died | August 10, 2023(2023-08-10) (aged 85) Syracuse, New York, U.S. |
| Political party | Democratic |
| Education | Brooklyn College (BA) University of Connecticut (MA) University of Michigan (JD) University at Albany, SUNY (GradCert) |
Rosemary Shankman Pooler (June 21, 1938 – August 10, 2023) was aUnited States circuit judge of theUnited States Court of Appeals for the Second Circuit.
Pooler was born Rosemary Shankman inNew York City on June 21, 1938.[1] She earned aBachelor of Arts degree fromBrooklyn College in 1959, aMaster of Arts from theUniversity of Connecticut in 1961, and aJuris Doctor from theUniversity of Michigan Law School in 1965. She also attended the Program for Senior Managers in Government ofHarvard University in 1978, and earned aGraduate Certificate in Regulatory Economics from theState University of New York, Albany in 1978.[2][3]
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Following graduation from law school, Pooler entered private law practice inSyracuse, New York. In 1972, she was appointed Director of the Consumer Affairs Unit in the Syracuse Corporation Counsel's Office, serving in that post for a year. From 1974 to 1975, she served on the Syracuse City Council. In 1975, she was appointed Chairman of the New York State Consumer Protection Board, serving until 1980. The following year, she was appointed to the state Public Service Commission. In 1987, she served as a committee staff member for theNew York State Assembly. Following a stint on the faculty atSyracuse University College of Law, she served as Vice President of Legal Affairs at the Atlantic States Legal Foundation from 1989 to 1990.
In1986, Pooler decided to run for theUnited States House of Representatives inNew York's 27th congressional district. She challenged conservative Republican incumbentGeorge C. Wortley, who was seeking a fourth term. She campaigned aggressively and came within less than 1,000 votes of winning. In1988, Wortley decided not to seek reelection. Pooler was considered a leading prospect of a Democratic gain. But her Republican opponent that year,Syracuse City CouncilmanJames T. Walsh, was a much more difficult target for her attacks. Walsh won handily, with Pooler winning only 42% of the vote.
In 1990, Pooler was elected as a Justice for the Fifth Judicial District of theSupreme Court of New York, serving until 1994.[2]
Pooler was nominated by PresidentBill Clinton on April 26, 1994, to a seat on theUnited States District Court for the Northern District of New York vacated by JudgeHoward G. Munson. She was confirmed by theUnited States Senate on August 9, 1994, and received commission on August 10, 1994. Her service terminated on June 9, 1998, when she was elevated to the court of appeals.[2]
Pooler was nominated by President Clinton on November 6, 1997, to a seat on theUnited States Court of Appeals for the Second Circuit vacated by JudgeFrank Altimari. She was confirmed by the Senate on June 2, 1998, and received commission on June 3, 1998.[2] On October 7, 2021, Pooler announced she would assume senior status upon the confirmation of her successor.[4] She assumedsenior status on March 23, 2022.[2] During her service on the court, she participated in a three-judge panel that ruled on the case ofRicci v. DeStefano, which was later appealed to the Supreme Court.
In May 2024, the Supreme Court ruled unanimously in theFirst Amendment case ofNational Rifle Association of America v. Vullo, favoring the NRA's case against New York insurance regulator Maria Vullo. The court overturned the decision of Pooler and her two fellow Second Circuit jurists,Denny Chin andSusan Carney.[5][6]
Pooler dissented in the 2009 rulingArar v. Ashcroft, a case in whichMaher Arar, a Canadian citizen, had been sent to Syria and was tortured there. While the majority found that there was no remedy for Arar, Pooler and three other judges would have granted Arar thedeclaratory judgment he was seeking. All four dissenters wrote their own dissenting opinion.
In August 2017, Pooler dissented when the court upheld theinsider trading conviction ofMathew Martoma, in which she argued that the majority was improperly overruling circuit precedent.[7] In June 2018, the majority issued an amended opinion reaching the same result, again over the dissent of Pooler.[8]
In an August 2021 case regarding an unwarranted police search of a Black man, Pooler was one of three dissenters who argued that the search violates the4th Amendment (the other 2 dissenters wereGuido Calabresi andDenny Chin). Pooler noted that "The victims of police officers’ whims are disproportionately people of color. Black drivers are more likely to be pulled over by police officers than white drivers, and police officers search stopped black and Latino drivers twice as often as stopped white drivers, despite data suggesting searches of these black and Latino drivers are less likely to discover guns, drugs, or other illegal contraband."[9]
Pooler died on August 10, 2023, at the age of 85.[10][11]
| Legal offices | ||
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| Preceded by | Judge of theUnited States District Court for the Northern District of New York 1994–1998 | Succeeded by |
| Preceded by | Judge of theUnited States Court of Appeals for the Second Circuit 1998–2022 | Succeeded by |
| International | |
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| National | |
| Other | |
