Chester John Straub | |
---|---|
Senior Judge of the United States Court of Appeals for the Second Circuit | |
Assumed office July 16, 2008 | |
Judge of the United States Court of Appeals for the Second Circuit | |
In office June 3,1998 –July 16,2008 | |
Appointed by | Bill Clinton |
Preceded by | Joseph M. McLaughlin |
Succeeded by | Gerard E. Lynch |
Member of the New York Senate | |
In office January 1,1973 –December 31,1975 | |
Preceded by | Jeremiah B. Bloom |
Succeeded by | Thomas J. Bartosiewicz |
Constituency | 35th district (1973–74) 18th district (1975) |
Member of the New York State Assembly from the 35th district | |
In office January 1,1967 –December 31,1972 | |
Preceded by | Sidney Lebowitz |
Succeeded by | John Lopresto |
Personal details | |
Born | Chester John Straub May 12,1937 New York City,New York |
Political party | Democratic |
Education | Saint Peter's University (BA) University of Virginia (LLB) |
Chester John Straub (born May 12,1937) is an inactive senior United States circuit judge of the United States Court of Appeals for the Second Circuit headquartered in New York City.
Straub was born on May 12,1937,in Brooklyn,New York City,New York. He received a Bachelor of Arts degree from St. Peter's College in 1958,and his Bachelor of Laws from the University of Virginia School of Law in 1961. Straub served as a First Lieutenant in United States Army Intelligence and Security from 1961 to 1963. In 1963,he began the private practice of law with Willkie Farr &Gallagher,where he became a partner in 1971,and where he remained until his appointment to the federal bench. Straub's private practice was concentrated in litigation,regulatory agencies and governmental affairs. [1]
Straub was a member of the New York State Assembly from 1967 to 1972,sitting in the 177th,178th and 179th New York State Legislatures;and a member of the New York State Senate from 1973 to 1975,sitting in the 180th and 181st New York State Legislatures. [2]
Straub was nominated by President Bill Clinton on February 11,1998,to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge Joseph M. McLaughlin. He was confirmed by the United States Senate on June 1,1998,and received commission on June 3,1998. He assumed senior status on July 16,2008. [1]
In January 2006,Straub was one of the three judges selected to hear National Abortion Federation v. Gonzales,437 F.3d 278,one of the cases later folded into and resolved by Gonzales v. Carhart . The Second Circuit thereby became one of three circuits to uphold district court rulings against the constitutionality of the Partial-Birth Abortion Ban Act of 2003. Out of the nine circuit court judges who ruled on this issue,Straub was the only one to dissent,voting to reverse the district court and uphold the Act.
In the 2006 case of MacWade v. Kelly,Straub wrote for a unanimous three-judge panel of the Second Circuit that warrantless,suspicionless police searches of New York City Subway riders in response to terrorism were justified by the "special needs doctrine" and so did not violate the Fourth Amendment to the United States Constitution. [3]
In 2012,Straub dissented in Windsor v. United States ,a case in which the United States Court of Appeals for the Second Circuit held in an opinion written by prominent conservative Chief Judge Dennis Jacobs,that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. [4] Of the six circuit judges to rule on challenges to DOMA Section 3 brought by married same-sex couples,Straub was the only judge to find the law constitutional. He wrote that DOMA could easily be justified by Congress' "common sense." Straub also stated that DOMA was constitutional because "the state is . . . interested in preventing 'irresponsible procreation,' a phenomenon implicated exclusively by heterosexuals," and that "reserving federal marriage rights to opposite-sex couples 'protect[s] civil society.'" Straub went on to say that courts have no role in protecting minorities' civil rights "where there is a robust political debate because doing so poisons the political well,imposing a destructive anti-majoritarian constitutional ruling on a vigorous debate." [5] On June 26,2013,the United States Supreme Court affirmed that DOMA Section 3 was unconstitutional because there was "strong evidence" that the "essence" of the law was "'a bare congressional desire to harm a politically unpopular group.'" [6]
Intact dilation and extraction is a surgical procedure that removes an intact fetus from the uterus. The procedure is used both after miscarriages and for abortions in the second and third trimesters of pregnancy.
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21,1996. It banned federal recognition of same-sex marriage by limiting the definition of marriage to the union of one man and one woman,and it further allowed states to refuse to recognize same-sex marriages granted under the laws of other states.
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late termination of pregnancy called "partial-birth abortion",referred to in medical literature as intact dilation and extraction. Under this law,any physician "who,in or affecting interstate or foreign commerce,knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years,or both". The law was enacted in 2003,and in 2007 its constitutionality was upheld by the U.S. Supreme Court in the case of Gonzales v. Carhart.
United States v. X-Citement Video,Inc.,513 U.S. 64 (1994),was a federal criminal prosecution filed in the United States District Court for the Central District of California in Los Angeles against X-Citement Video and its owner,Rubin Gottesman,on three charges of trafficking in child pornography,specifically videos featuring the underaged Traci Lords. In 1989,a federal judge found Gottesman guilty and later sentenced him to one year in jail and a $100,000 fine.
James Harvie Wilkinson III is an American jurist who serves as a United States circuit judge on the United States Court of Appeals for the Fourth Circuit. His name has been raised at several junctures in the past as a possible nominee to the United States Supreme Court.
John Glover Roberts Jr. is an American lawyer and jurist who is serving as the 17th chief justice of the United States since 2005. He has been described as having a moderate conservative judicial philosophy,though he is primarily an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc,and has been regarded as a swing vote on the Court.
Gonzales v. Carhart,550 U.S. 124 (2007),was a landmark decision of the U.S. Supreme Court that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General,Alberto Gonzales,appealed a ruling of the U.S. Court of Appeals for the Eighth Circuit in favor of LeRoy Carhart that struck down the Act. Also before the Supreme Court was the consolidated appeal of Gonzales v. Planned Parenthood from the U.S. Court of Appeals for the Ninth Circuit,whose ruling had the same effect as that of the Eighth Circuit.
Sandra Segal Ikuta is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.
James Leon Dennis is an American lawyer,jurist,and former politician serving as a senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit,with chambers in New Orleans,Louisiana.
Commonwealth of Massachusetts v. United States Department of Health and Human Services 682 F.3d 1 is a United States Court of Appeals for the First Circuit decision that affirmed the judgment of the District Court for the District of Massachusetts in a lawsuit challenging the constitutionality of section 3 of the Defense of Marriage Act (DOMA),the section that defines the terms "marriage" as "a legal union between one man and one woman as husband and wife" and "spouse" as "a person of the opposite sex who is a husband or a wife." Both courts found DOMA to be unconstitutional,though for different reasons. The trial court held that DOMA violates the Tenth Amendment and Spending Clause. In a companion case,Gill v. Office of Personnel Management,the same judge held that DOMA violates the Equal Protection Clause. On May 31,2012,the First Circuit held the act violates the Equal Protection Clause,while federalism concerns affect the equal protection analysis,DOMA does not violate the Spending Clause or Tenth Amendment.
Gill et al. v. Office of Personnel Management,682 F.3d 1 is a United States Court of Appeals for the First Circuit decision that affirmed the judgment of the District Court for the District of Massachusetts in a lawsuit challenging the constitutionality of section 3 of the Defense of Marriage Act (DOMA),the section that defines the term "marriage" as "a legal union between one man and one woman as husband and wife" and "spouse" as "a person of the opposite sex who is a husband or a wife."
Pedersen v. Office of Personnel Management is a federal lawsuit challenging the constitutionality of the Defense of Marriage Act,Section 3,which defined the federal definition of marriage to be a union of a man and a woman,entirely excluding legally married same-sex couples. The District Court that originally heard the case ruled Section 3 unconstitutional. On June 26,2013,the Supreme Court of the United States ruled Section 3 of DOMA unconstitutional,and denied appeal of Pedersen the next day.
United States v. Windsor,570 U.S. 744 (2013),is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA),which denied federal recognition of same-sex marriages,was a violation of the Due Process Clause of the Fifth Amendment.
Golinski v. Office of Personnel Management,824 F. Supp. 2d 968,was a lawsuit filed in the United States District Court for the Northern District of California. The plaintiff,Karen Golinski,challenged the constitutionality of section 3 of the Defense of Marriage Act (DOMA),which defined,for the purposes of federal law,marriage as being between one man and one woman,and spouse as a husband or wife of the opposite sex.
Cardona v. Shinseki was an appeal brought in the United States Court of Appeals for Veterans Claims (CAVC) of a decision by the Board of Veterans' Appeals upholding the denial of service-connected disability benefits for the dependent wife of a female veteran. The United States Department of Veterans Affairs denied the disability benefits based on the definition of "spouse" as "a person of the opposite sex" under federal statute. On March 11,2014,the CAVC dismissed the case as moot after the Secretary of Veterans Affairs advised the Court that he would neither defend nor enforce the federal statute. Cardona subsequently received full payment of her spousal benefits,retroactive to her date of application.
Whole Woman's Health v. Hellerstedt,579 U.S. 582 (2016),was a landmark decision of the US Supreme Court announced on June 27,2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. On June 28,2016,the Supreme Court refused to hear challenges from Wisconsin and Mississippi where federal appeals courts had struck down similar laws. Other states with similar laws may also be impacted.
Julius Ness "Jay" Richardson is an American judge and lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was formerly an Assistant United States Attorney for the District of South Carolina.
June Medical Services,LLC v. Russo,591 U.S. ___ (2020),was a United States Supreme Court case in which the Court ruled that a Louisiana state law placing hospital-admission requirements on abortion clinics doctors was unconstitutional. The law mirrored a Texas state law that the Court found unconstitutional in 2016 in Whole Woman's Health v. Hellerstedt (WWH).
Mazurek v. Armstrong,520 U.S. 968 (1997),was a United States Supreme Court case in which the Court upheld a Montana law permitting only licensed physicians to perform abortions. The Court summarily reversed a ruling of the United States Court of Appeals for the Ninth Circuit that had held that the law was likely intended to inhibit abortion access. In a per curiam opinion,a majority of the Court found that there was no evidence that the Montana legislature acted with an invalid intent. The Court also reiterated its earlier holding in Planned Parenthood v. Casey that the states have broad flexibility to regulate abortion so long as their regulations do not create an undue burden on a woman's right to choose. Three dissenting justices,in an opinion by Justice John Paul Stevens,wrote that they would have declined to hear the case because proceedings were still pending in the lower courts. The law itself was later struck down by the Montana Supreme Court on state-constitutional grounds.
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