Andrew D. Hurwitz

Andrew D. Hurwitz
Senior Judge of the United States Court of Appeals for the Ninth Circuit
Incumbent
Assumed office October 3, 2022

• Brach v. Newsom (9th Cir. 2021): Hurwitz dissented when the 9th circuit ruled that private schools are exempt from COVID-19 restrictions. ^[20]
• Disney Enterprises, Inc. v. VidAngel, Inc., 869 F.3d 848 (9th Cir. 2017): Upholding the district court’s grant of preliminary injunction against streaming service that filters out “objectionable” content for customers, finding that film studios were likely to succeed on their Digital Millennium Copyright Act (DMCA) and copyright infringement claims.
• Lloyd v. CVB Fin. Corp., 811 F.3d 1200 (9th Cir. 2016): This decision represents the first time a federal circuit court expressly held that the public disclosure of an SEC investigation can form the basis of a viable loss causation theory, if the defendant also made a subsequent corrective disclosure.
• Saint Alphonsus Med. Ctr.-Nampa Inc. v. St. Luke's Health Sys., Ltd., 778 F.3d 775 (9th Cir. 2015): Legal commentators consider this a “landmark” antitrust-healthcare ruling because the Court rejected using quality care improvements standing alone to defend a merger that created market power that may lead to higher prices.
• Organized Vill. of Kake v. U.S. Dep't of Agric., 795 F.3d 956 (9th Cir. 2015) (en banc): Writing for the 6-5 majority of the en banc panel, Judge Hurwitz concluded that the Forest Service violated the APA when it failed to provide a reasonable explanation for implementing the Tongass Exemption in place of the Clinton-era roadless rule, which bans most road construction and timber harvest in inventoried roadless areas of national forests, effectively protecting 300,000 acres of Tongass National Forest land. “The 2003 ROD does not explain why an action that it found posed a prohibitive risk to the Tongass environment only two years before now poses merely a ‘minor’ one. The absence of a reasoned explanation for disregarding previous factual findings violates the APA. An agency cannot simply disregard contrary or inconvenient factual determinations that it made in the past, any more than it can ignore inconvenient facts when it writes on a blank slate.”
• Chinatown Neighborhood Ass'n v. Harris, 794 F.3d 1136 (9th Cir. 2015): Holding that California’s ban on possessing or selling shark fins did not violate the Dormant Commerce Clause and was not preempted by federal fisheries conservation policies.
• Baumann v. Chase Inv. Servs. Corp., 747 F.3d 1117 (9th Cir. 2014): Majority opinion held that representative actions brought pursuant to the California Labor Code Private Attorneys General Act (PAGA) are not sufficiently similar to Rule 23 class actions for removal to federal court under the Class Action Fairness Act (CAFA).
• Obsidian Finance Group, LLC v. Cox, 740 F.3d 1284 (9th Cir. 2014): Holding that a blogger is entitled to the same free speech protections as a traditional journalist, and thus cannot be liable for defamation unless she acted negligently.
• California ex rel. Imperial Cty. Air Pollution Control Dist. v. U.S. Dep't of the Interior, 767 F.3d 781 (9th Cir. 2014): Holding the plaintiffs had standing to sue and that the Secretary of the Interior did not violate the National Environmental Policy Act or the Clean Air Act when she filed an environmental impact statement on the effects of water transfer agreements on the Salton Sea in Southern California.
• Avila v. Los Angeles Police Dep’t, 758 F.3d 1096 (9th Cir. 2014): Rejecting the LAPD’s contention that the officer’s termination was not in contravention of the Fair Labor Standards Act (FLSA) anti-retaliation provision because it was based on the content of his testimony, not on the mere fact that he testified.
• Juliana v. United States (2020): Writing for a 2-1 majority in the widely-followed and so-called Kids' Climate Change case, Judge Hurwitz ruled against a group of youth plaintiffs seeking judicial redress under the U.S. Constitution for longstanding U.S. government policy regarding greenhouse gas emissions causing climate change, on the basis that federal courts must defer to the other branches of government in such policy matters, although his majority opinion did express sympathy for the environmentalists.
• Duncan v. Bonta (2021): In a concurring opinion to the majority en banc ruling that upheld a California regulation on firearms, Judge Hurwitz singled out a dissent written by Judge Lawrence VanDyke and rebuked his colleague "for attacking the personal motives of his sisters and brothers on this Court." Hurwitz pointed out that individual members of the majority panel owned handguns in their homes for self-defense and had served in the military where they bore arms. Hurwitz called for a higher level of respect, indicating that all federal judges swear an oath to uphold the constitution and are duty-bound to interpret the right to bear arms in the context of the public's desire to protect itself from indiscriminate mass shootings, saying: "The people of California should not be precluded from attempting to prevent mass murders simply because they don’t occur regularly enough in the eyes of an unelected Article III judge."

Personal

Paul Bender (left) Jon Kyl (center) Andrew D. Hurwitz (right) speaking at Arizona State University

He is a native of Boonton, New Jersey, having moved there with his family at the age of 3 ^[21] and a 1964 graduate of Boonton High School. ^[22] He is married to Dr. Sally Hurwitz, formerly an associate dean at the Mary Lou Fulton Teachers College at Arizona State University. ^[23]

See also

• Barack Obama judicial appointment controversies
• List of Jewish American jurists
• List of law clerks of the Supreme Court of the United States (Seat 8)

References

1. Meet the Justices, Vice Chief Justice Andrew D. Hurwitz at Arizona Supreme Court Archived October 1, 2010, at the Wayback Machine
2. Masthead, 80 Yale L.J. 768, 768 (1971)
3. Masthead, 81 Yale L.J. 725, 725 (1972)
4. Jon O. Newman and the Abortion Decisions: A Remarkable First Year, 46 New York Law School L.R. 231, 231 n.1 (2002)
5. Peppers, Todd C. (2006). Courtiers of the Marble Palace: The Rise and Influence of Supreme Court Law Clerks. Stanford University Press. p. 232. ISBN   9780804753821.
6. "Ring v. Arizona, 536 U.S. 584 (2002)". The Oyez Project. Retrieved March 14, 2012.
7. Ruelas, Richard (April 16, 2010). "No federal health care for Arizonans". The Arizona Republic. Retrieved March 14, 2012.
8. "Arizona's Acting Governor Plans for Her Role During Mecham Trial". Los Angeles Times. February 8, 1988. Retrieved March 14, 2012.
9. Kamman, Jon (April 25, 2007). "Bio - Rose Mofford". The Arizona Republic. Retrieved March 14, 2012.
10. "Members of the Arizona Board of Regents (1935 to 2005) - ASU Library".
11. Arizona Supreme Court on Wikipedia
12. "Unofficial results of 2006 General Election at Arizona Secretary of State's Office". Arizona Secretary of State. 2006-11-28. Archived from the original on November 1, 2011. Retrieved March 14, 2012.
13. Arizona Supreme Court Announces New Leadership Archived September 28, 2011, at the Wayback Machine , official press release, March 26, 2009
14. "President Obama Nominates Justice Andrew David Hurwitz to Serve on the United States Court of Appeals". whitehouse.gov . November 2, 2011. Retrieved March 14, 2012– via National Archives.
15. "Video of Senate Judiciary Committee Executive Business Meeting". Senate.gov. March 1, 2012. Retrieved March 14, 2012.
16. "On the Cloture Motion (Motion to Invoke Cloture Andrew David Hurwitz, of Arizona, to be U.S. Circuit Judge for the Ninth Circuit)". www.senate.gov.
17. "PN1104 — Andrew David Hurwitz — The Judiciary". www.congress.gov.
18. Andrew D. Hurwitz at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
19. Raymond, Nate (31 January 2022). "9th Circuit's Hurwitz to leave active service, giving Biden new vacancy". www.reuters.com.
20. "20-56291 Matthew Brach v. Gavin Newsom" (PDF). ca9.uscourts.gov. July 23, 2021. Retrieved August 16, 2021.
21. Levine, Jack. "Newest justice experienced in all three branches of government", Maricopa Lawyer, March 2003, Volume 23, Number 3. Accessed July 15, 2014. "Hurwitz, 55, was born in New York City but from age 3 grew up in Boonton, N.J., where his father owned a men’s clothing store."
22. "Boonton Princetonian Aiding Mayor Rudden", Herald News , July 5, 1967. Accessed January 19, 2022, via Newspapers.com. "Andrew Hurwitz, 19, son of Mr. and Mrs. Robert Hurwitz of 218 Park Ave., is serving a special internship this summer with the State Department of Community Relations.... A 1964 graduate of Boonton High School, Hurwitz is seeking career with the Justice Department, after he completes law training."
23. "Faculty & Staff Directory | Mary Lou Fulton Teachers College". Archived from the original on 2010-07-12. Retrieved 2010-08-10.

External links

• Andrew D. Hurwitz at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
• Appearances at the U.S. Supreme Court from the Oyez Project
• Andrew D. Hurwitz at Ballotpedia

Legal offices
Preceded by Stanley G. Feldman	Justice of the Arizona Supreme Court 2003–2012	Succeeded by Ann Timmer
Preceded by Rebecca White Berch	Vice Chief Justice of the Arizona Supreme Court 2009–2012	Succeeded by Scott Bales
Preceded by Mary M. Schroeder	Judge of the United States Court of Appeals for the Ninth Circuit 2012–2022	Succeeded by Roopali Desai