Gene C. Schaerr (born 15 April 1957) [1] is an American attorney.
Gene C. Schaerr (born 15 April 1957) [1] is an American attorney.
Schaerr was born in Kanab, Utah, and educated in the public schools. In 1981, he received a B.A. degree from Brigham Young University, and then earned master's degrees in economics and philosophy from Yale University in 1985 and 1986. After graduating from Yale Law School in 1985, where he was a member of the Yale Law Journal , he served as a law clerk for D.C. Circuit Judge Ken Starr, and from 1986 to 1987 for U.S. Supreme Court Justices Warren Burger and Antonin Scalia. [1]
Schaerr is a litigator in state and federal appellate courts, including the U.S. Supreme Court. [2] [3] In 2014, he was chosen to represent the state of Utah as outside counsel in Kitchen v. Herbert , the state's legal action defending the state ban on same-sex marriage. [3] [4] [5] In 2015, he also submitted an amici curiae brief on behalf of 100 scholars of marriage to the U.S. Supreme Court in Obergefell v. Hodges , [6] the landmark Supreme Court case on same-sex marriage. The brief argued, among other things, that consistent with patterns in European countries and American states that have adopted same-sex marriage, opposite-sex marriage rates will likely drop as a result of redefining marriage as a genderless institution. This will result, over the next fertility cycle (30 years), in fewer children born to married parents, fewer children born overall since unmarried women have lower birth rates, and more abortions since unmarried women have higher rates of abortion. [7] Although the latter claim was criticized in various press outlets, [8] [9] [10] Schaerr defended the brief and its use of decomposition analysis—a technique frequently used by demographers—on the blog Bench Memos. [11] [12]
Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.
An amicus curiae is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of amici curiae is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question.
Utah Constitutional Amendment 3 was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states.
The Thomas More Law Center is a Christian, conservative, nonprofit, public interest law firm based in Ann Arbor, Michigan, and active throughout the United States. According to the Thomas More Law Center website, its goals are to "preserve America's Judeo-Christian heritage, defend the religious freedom of Christians, restore time-honored moral and family values, protect the sanctity of human life, and promote a strong national defense and a free and sovereign United States of America."
Barbara Dale Underwood is an American lawyer serving as the Solicitor General of New York. She was first appointed to the position in January 2007 by Andrew Cuomo, who was then serving as the state's attorney general. Underwood was reappointed in 2011 by Attorney General Eric Schneiderman.
Theodore H. Frank is an American lawyer, activist, and legal writer, based in Washington, D.C. He is the counsel of record and petitioner in Frank v. Gaos, the first Supreme Court case to deal with the issue of cy pres in class action settlements; he is one of the few Supreme Court attorneys ever to argue his own case. He wrote the vetting report of vice-presidential candidate Sarah Palin for the John McCain campaign in the 2008 presidential election. He founded the Center for Class Action Fairness (CCAF) in 2009; it temporarily merged with the Competitive Enterprise Institute in 2015, but as of 2019 CCAF is now part of the new Hamilton Lincoln Law Institute, a free-market nonprofit public-interest law firm founded by Frank and his CCAF colleague Melissa Holyoak. The New York Times calls him the "leading critic of abusive class-action settlements"; the Wall Street Journal has referred to him as "a leading tort-reform advocate" and praised his work exposing dubious practices by plaintiffs' attorneys in class actions.
Paul George Cassell is a former United States district judge of the United States District Court for the District of Utah, who is currently the Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law at the S.J. Quinney College of Law at the University of Utah. He is best known as an expert in, and proponent of, victims' rights.
Same-sex marriage in Utah has been legal since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.
Monte Neil Stewart is the founding president of the Marriage Law Foundation, the former United States Attorney for Nevada, and a former Special Assistant Attorney General and Counsel to the Governor of Utah.
Samuel Robert Bagenstos is an American attorney and academic who is the General Counsel of the United States Department of Health and Human Services. From January 2021 until June 2022, he served as the general counsel for the Office of Management and Budget. He is a former law professor at the University of Michigan, a job he returned to after serving for two years as the principal deputy assistant attorney general in the United States Department of Justice Civil Rights Division under Attorney General Eric Holder and Assistant Attorney General Tom Perez.
Joseph W. Jacquot is the General Counsel to the Governor of the State of Florida. Previously Joe Jacquot was the chief Deputy Attorney General of the State of Florida from 2007–11. He successfully argued before the United States Supreme Court in the landmark Miranda warning case Florida v. Powell and initiated the constitutional lawsuit against the Affordable Care Act ("Obamacare").
Thomas Rex Lee is a former American jurist and former legal academic who was a justice of the Utah Supreme Court from 2010 to 2022. Lee is also a lecturer on law at Harvard Law School and an adjunct professor/distinguished lecturer at Brigham Young University's (BYU) J. Reuben Clark Law School (JRCL) following his appointment to the bench.
John J. Bursch was the 10th Michigan Solicitor General. He was appointed by Michigan Attorney General Bill Schuette on February 28, 2011. Prior to being Michigan Solicitor General, Bursch served as chair of the Appellate Practice and Public-Affairs Litigation Groups at Warner Norcross & Judd. Bursch argued in more than 6% of all the cases the U.S. Supreme Court heard during his tenure as solicitor general. Bursch returned to private practice at Warner Norcross & Judd in December 2013, and founded his own law firm in 2016, Bursch Law.
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.
Harriet Fleischl Pilpel was an American attorney and women's rights activist. She wrote and lectured extensively regarding the freedom of speech, freedom of the press, and reproductive freedom. Pilpel served as general counsel for both the American Civil Liberties Union and Planned Parenthood. During her career, she participated in 27 cases that came before the United States Supreme Court. Pilpel was involved in the birth control movement and the pro-choice movement. She helped to establish the legal rights of minors to abortion and contraception.
Kitchen v. Herbert, 961 F.Supp.2d 1181, affirmed, 755 F.3d 1193 ; stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263, is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.
Susan B. Anthony List v. Driehaus, 573 U.S. 149 (2014), is a United States Supreme Court case.
Stuart Kyle Duncan is a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. He was appointed to the court by President Donald Trump in 2017 and confirmed in 2018.
Jonathan F. Mitchell is an American attorney, academic, and former government official. From 2010 to 2015, he was the Solicitor General of Texas. He has argued five cases before the Supreme Court of the United States. He has served on the faculties of Stanford Law School, the University of Texas School of Law, the George Mason University School of Law, and the University of Chicago Law School. In 2018, he opened a private solo legal practice in Austin, Texas.
Sharp v. Murphy, 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether Congress disestablished the Muscogee (Creek) Nation reservation. After holding the case from the 2018 term, the case was decided on July 9, 2020, in a per curiam decision following McGirt v. Oklahoma that, for the purposes of the Major Crimes Act, the reservations were never disestablished and remain Native American country.
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