Stephen Reinhardt | |
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| Judge of theUnited States Court of Appeals for the Ninth Circuit | |
| In office September 11, 1980 – March 29, 2018 | |
| Appointed by | Jimmy Carter |
| Preceded by | Seat established by 92 Stat. 1629 |
| Succeeded by | Kenneth K. Lee |
| Personal details | |
| Born | Stephen Roy Shapiro (1931-03-27)March 27, 1931 New York City,New York, U.S. |
| Died | March 29, 2018(2018-03-29) (aged 87) Los Angeles,California, U.S. |
| Party | Democratic |
| Education | Pomona College (AB) Yale University (LLB) |
Stephen Roy Reinhardt (néShapiro;[1] March 27, 1931 – March 29, 2018)[2] was aUnited States circuit judge of theUnited States Court of Appeals for the Ninth Circuit, with chambers inLos Angeles,California. He was the last federal appeals court judge in active service to have been appointed to his position by PresidentJimmy Carter.[a]
Reinhardt was born Stephen Roy Shapiro into aJewish family in New York City,[3] to lawyer Samuel Shapiro, and Silvia Handelsman.[4] Reinhardt changed his name after his mother divorced his father and married film director and producerGottfried Reinhardt.[1] Reinhardt graduated fromUniversity High School in Los Angeles. He enrolled inPomona College and graduated three years later with aBachelor of Arts degree in government in 1951. In 1954, he received aBachelor of Laws fromYale Law School.[5]
After law school, Reinhardt worked at the legal counsel's office for theUnited States Air Force as a lieutenant inWashington, D.C. Two years later, heclerked for United States District JudgeLuther Youngdahl, a former governor ofMinnesota, of theUnited States District Court for the District of Columbia. He then entered private practice, working for the law firmO'Melveny & Myers from 1958 to 1959 practicingentertainment law. After two years at O'Melveny, he began working at a small firm in Los Angeles that became Fogel, Julber, Reinhardt, Rothschild & Feldman, specializing inlabor law.[5]
Reinhardt served as a member of theUnited States Commission on Civil Rights, California Advisory Committee from 1962 to 1974 and was its vice chairman from 1969 to 1974. He also served as member of theDemocratic National Committee and as an unpaid advisor to former Los Angeles mayorTom Bradley andCalifornia governorJerry Brown. In 1975, he was appointed to the Los Angeles Police Commission, which he chaired from 1978 until his judicial confirmation in 1980.[5]
Reinhardt was nominated by PresidentJimmy Carter on November 30, 1979, to theUnited States Court of Appeals for the Ninth Circuit, to a new seat authorized by 92 Stat. 1629. He was confirmed by theUnited States Senate on September 11, 1980, and received his commission on September 11, 1980. His service terminated on March 29, 2018, due to his death.[5]
Reinhardt continued his public service as Secretary of the 1984 Los Angeles Olympic Organizing Committee and as a member of the Board of Directors of the Los Angeles Amateur Athletic Foundation.
Reinhardt administered the oath of office to former Los Angeles MayorAntonio Villaraigosa on July 1, 2005.[6]
Reinhardt's mother divorced his father and married movie directorGottfried Reinhardt, the son of directorMax Reinhardt. Stephen Reinhardt's first wife was Mary Wainwright, whom he married in 1956 and with whom he had three children. They divorced after nearly 25 years.[7] His second wife was Maureen Kindel, who was president of the Los Angeles Board of Public Works in the 1980s.[8] Later Reinhardt marriedRamona Ripston, who was Executive Director of theACLU ofSouthern California until her February 2011 retirement. They remained married until his death.[9][4]
Reinhardt died inLos Angeles on March 29, 2018, from aheart attack.[10]
Chief JudgeSidney Runyan Thomas issued the following statement upon learning of Reinhardt's death:[11]
All of us here at the Ninth Circuit are shocked and deeply saddened by Judge Reinhardt’s death. We have lost a great friend and colleague. As a judge, he was deeply principled, fiercely passionate about the law and fearless in his decisions. He will be remembered as one of the giants of the federal bench. He had a great life that ended much too soon.
Reinhardt was involved in a controversy after he died. Eleven judges of the Ninth Circuit heard oral argument in the case ofYovino v. Rizo. Reinhardt wrote an opinion on behalf of himself and five other judges, which was issued by the court 11 days after he died. A footnote at the beginning of the opinion stated: “Prior to his death, Judge Reinhardt fully participated in this case and authored this opinion. The majority opinion and all concurrences were final, and voting was completed by the en banc court prior to his death.”[12]
The case was appealed to the Supreme Court, which vacated Reinhardt's opinion. The Supreme Court stated:
As for judicial practice, we are not aware of any rule or decision of the Ninth Circuit that renders judges’ votes and opinions immutable at some point in time prior to their public release. And it is generally understood that a judge may change his or her position up to the very moment when a decision is released. . . . Because Judge Reinhardt was no longer a judge at the time when the en banc decision in this case was filed, the Ninth Circuit erred in counting him as a member of the majority. That practice effectively allowed a deceased judge to exercise the judicial power of the United States after his death. But federal judges are appointed for life, not for eternity.[12]
The Supreme Court remanded the case for further proceedings.[13]
In 2020, after Judge Reinhardt's death, a staff attorney at the Center for Death Penalty Litigation in Durham, North Carolina testified before the Subcommittee on Courts, Intellectual Property, and the Internet that Judge Reinhardt had sexually harassed her while she worked for him as a law clerk; her testimony described her efforts to report the harassment.[14]
Reinhardt was known as one of the most liberal judges on the courts of appeals. His decisions were "reversed more often than most" judges before the Supreme Court.[15] In 2003, Reinhardt admitted that he "was a liberal from a very young age." "I think I was born that way", he said.[16] However, he did not believe that a Supreme Court reversal meant that his opinion was wrong or that he did not follow the law. "The Supreme Court changes the law regularly. And this Supreme Court - which is the most activist Court there has ever been - is constantly changing the law. So if you really are faithful to the law, you're likely to get reversed because it [the Court] has cut back on rights."[16] When pressed on the issue of his high reversal rate, he once stated "They can't catch 'em all".[17]
His reversal rate did not affect his status as afeeder judge—between 2009 and 2013, he placed six of his clerks on the Supreme Court, tied for the tenth highest number during the same time period.[18]
One of Reinhardt's former clerks,Cornell law professorMichael Dorf, said that when Reinhardt "believes himself clearly bound by Supreme Court precedent with which he disagrees, he states his disagreement but follows the precedent." Dorf accounts for Reinhardt's reversal rate by stating that "Reinhardt resolves cases under existing precedent as he believes those precedents should be read, without regard to whether five or more Justices of the Supreme Court are likely to reverse him."[19]
Reinhardt rejectedoriginalism, and believed the Constitution could bring justice to everyone, especially the underprivileged. Reinhardt was also a cynic and a pragmatist as well as a liberal. In May 2017, in the legal opinion of Magana Ortiz v. Sessions, Reinhardt admitted he could not stop a deportation, and said he had to allow it as a judge, although he would not as a citizen. Reinhardt also criticized the Trump administration in the opinion.[20]
Examples of opinions that reversed Reinhardt's opinions include:
The following are some of his more notable judicial opinions:
Reinhardt received the following awards:
Media related toStephen Reinhardt at Wikimedia Commons
Works by or aboutStephen Reinhardt atWikisource| Legal offices | ||
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| Preceded by Seat established by 92 Stat. 1629 | Judge of theUnited States Court of Appeals for the Ninth Circuit 1980–2018 | Succeeded by |
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