Scott Matheson Jr.

Last updated
Scott Matheson
Scott Matheson.jpg
Matheson, c.1993
Judge of the United States Court of Appeals for the Tenth Circuit
Assumed office
December 27, 2010

Awad v. Ziriax, 670 F.3d 1111 (10th Cir. 2012): The court (per Judge Matheson, joined by Judges O’Brien and McKay) upheld a district court’s grant of a preliminary injunction to prevent the Oklahoma State Election Board from certifying a proposed amendment to the Oklahoma Constitution that would prevent Oklahoma state courts from using or considering Sharia law.

Bandimere v. SEC, 844 F.3d 1168 (10th Cir. 2016): The court (per Judge Matheson, joined by Judge Briscoe, with Judge McKay dissenting) held that the Securities and Exchange Commission’s administrative-law judges were “inferior officers” subject to the Appointments Clause. The court’s decision opened a circuit split with the D.C. Circuit. Raymond J. Lucia Cos. v. SEC, 832 F.3d 277 (D.C. Cir. 2016), rehearing denied, 868 F.3d 1021, rev’d, 138 S. Ct. 2044 (2018). The Supreme Court granted certiorari on Lucia and agreed with the Tenth Circuit’s holding that the Securities and Exchange Commission’s administrative-law judges were “inferior officers.”

Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) (en banc), aff’d, 134 S. Ct. 2751 (2014): Judge Matheson filed an opinion concurring in part and dissenting in part from the en banc majority’s decision that reversed the district court’s denial of a motion for a preliminary injunction in a challenge to a federal regulation that required employers to provide health insurance for employees that covered certain contraceptives.

Little Sisters of the Poor v. Burwell, 794 F.3d 1151 (10th Cir. 2015), vacated and remanded, 136 S. Ct. 1557: A group of nonprofit religious employers challenged regulations by the Department of Health and Human Services that provided accommodations for religious objectors to a regulatory mandate to provide employees with health insurance coverage for contraceptives. Hearing appeals from the District of Colorado and Western District of Oklahoma, the Tenth Circuit (per Judge Matheson) held that preliminary injunctive relief was not warranted, concluding that the religious accommodation scheme established by the regulations relieved the plaintiffs of the contraceptive mandate, did not burden religious exercise in violation of RFRA, and did not infringe on First Amendment rights. The Supreme Court granted certiorari on the Tenth Circuit’s decision along with decisions from the Third, Fifth, and District of Columbia Circuits. On certiorari, the Supreme Court did not reach the merits. Rather, the Court vacated and remanded on narrow grounds, ordering the lower courts to examine a new argument that arose in supplemental briefing before the Court.

Murphy v. Royal, 866 F.3d 1164 (10th Cir. 2017), amended and superseded on denial of rehearing en banc, 875 F.3d 896 (10th Cir. 2017), aff'd, 140 S.Ct. 2412 (2020) (per curiam): Patrick Dwayne Murphy, a prisoner convicted by an Oklahoma state court, filed a petition for a writ of habeas corpus in a federal district court. The Tenth Circuit (per Judge Matheson, joined by Chief Judge Tymkovich and Judge Phillips) applied the three-part test for the disestablishment or diminishment of an Indian reservation in Solem v. Bartlett, 465 U.S. 463 (1984), and found that Congress had not disestablished the Creek Reservation, which covered about half of modern-day Oklahoma and most of the city of Tulsa. As Murphy was an Indian charged with a crime that occurred in the Creek Reservation, the Oklahoma state court lacked jurisdiction over his charges. In the Tenth Circuit’s order denying rehearing en banc, Chief Judge Tymkovich wrote a concurrence that urged the Supreme Court to grant certiorari and reconsider the three-part test in Solem. The Supreme Court granted certiorari, but split 4-4 with Justice Gorsuch recused. The issue was then resolved by McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), and the Supreme Court affirmed in Murphy in light of McGirt.

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References

  1. "Utah Politics: Scott Matheson Jr., Democrat". Deseret News . May 7, 1989. p. B2.
  2. Warchol, Glen (August 26, 2007). "Quinney College Professor, Former U.S. Attorney Scott Matheson Jr. to Lead Mine Disaster Investigation". Salt Lake Tribune . Retrieved January 15, 2018.
  3. McCormick, John (1994), "Matheson, Scott M.", in Powell, Allan Kent (ed.), Utah History Encyclopedia, Salt Lake City, Utah: University of Utah Press, ISBN   0874804256, OCLC   30473917 {{citation}}: Check |archive-url= value (help)
  4. 1 2 3 4 5 6 "United States Senate Judiciary Committee Questionnaire for Judicial Nominees" (PDF). www.judiciary.senate.gov. United States Senate Judiciary Committee. 2010.
  5. 1 2 3 4 5 6 7 President Obama Nominates Scott M. Matheson Jr. to the United States Court of Appeals for the Tenth Circuit, obamawhitehouse.archives.gov (March 3, 2010).
  6. 1 2 3 "Matheson, Scott Milne, Jr. - Federal Judicial Center". www.fjc.gov.
  7. . "Presidential Constitutionalism in Perilous Times". Woodrow Wilson International Center for Scholars. Archived from the original on June 5, 2011. Retrieved May 24, 2009.
  8. Burr, Thomas (June 10, 2010), "Matheson's court quest clears panel, awaits Hatch's help", The Salt Lake Tribune , retrieved July 11, 2017
  9. 1 2 Burr, Thomas; Canham, Matt (March 5, 2010), "Matheson quid pro quo rumor runs wild", The Salt Lake Tribune , archived from the original on March 7, 2010, retrieved March 6, 2010
Party political offices
Preceded by Democratic nominee for Governor of Utah
2004
Succeeded by
Legal offices
Preceded byJudge of the United States Court of Appeals for the Tenth Circuit
2010–present
Incumbent