Harry Pregerson
Harry Pregerson | |
---|---|
Senior Judge of the United States Court of Appeals for the Ninth Circuit | |
In office December 11, 2015 – November 25, 2017 | |
Judge of the United States Court of Appeals for the Ninth Circuit | |
In office November 2, 1979 – December 11, 2015 | |
Appointed by | Jimmy Carter |
Preceded by | Seat established by 92 Stat. 1629 |
Succeeded by | Daniel P. Collins |
Judge of the United States District Court for the Central District of California | |
In office December 7, 1967 – November 6, 1979 | |
Appointed by | Lyndon B. Johnson |
Preceded by | Seat established by 80 Stat. 75 |
Succeeded by | Cynthia Holcomb Hall |
Personal details | |
Born | Los Angeles, California, U.S. | October 13, 1923
Died | November 25, 2017 Los Angeles, California, U.S. | (aged 94)
Education | University of California, Los Angeles (BA) UC Berkeley School of Law (LLB) |
Harry Pregerson (October 13, 1923 – November 25, 2017) was a United States circuit judge appointed to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter in 1979. Pregerson was regarded as one of the judiciary's most liberal judges, attracting both praise and criticism for his insistence on placing his conscience above court precedent.
Early life and education
Pregerson was born and raised in Los Angeles, California, where his father was a postal worker.[1] Both his parents were Jewish immigrants from Ukraine.[2]
Pregerson was a United States Marine Corps First Lieutenant in World War II, during which he was severely wounded in the Battle of Okinawa (4 May 1945).[3] After the war, Pregerson attended college on the G.I. Bill.[2] He graduated from University of California, Los Angeles with a Bachelor of Arts degree in 1947, and the UC Berkeley School of Law with a Bachelor of Laws in 1950.
He was in private practice of law in Los Angeles from 1951 to 1953. He was in private practice of law in
Federal judicial service
Pregerson was nominated by President Lyndon B. Johnson on November 29, 1967, to the United States District Court for the Central District of California, to a new seat created by 80 Stat. 75. He was confirmed by the United States Senate on December 7, 1967, and received his commission the same day. His service was terminated on November 6, 1979, due to elevation to the Ninth Circuit.[5]
Pregerson was nominated by President Jimmy Carter on August 28, 1979, to the United States Court of Appeals for the Ninth Circuit, to a new seat created by 92 Stat. 1629. He was confirmed by the Senate on October 31, 1979, and received his commission on November 2, 1979. He assumed senior status on December 11, 2015. His service terminated on November 25, 2017, due to his death in Los Angeles.[5]
Judicial philosophy
Pregerson's judicial philosophy was frequently characterized as
Criminal punishment
In 1992, Pregerson halted the execution of Robert Alton Harris after the prisoner had been strapped into the gas chamber.[2] The U.S. Supreme Court allowed the execution to proceed two hours later.[2] In 2003, Pregerson refused to follow Supreme Court precedent regarding California's three-strikes law.[4] Pregerson continued dissenting whenever the court imposed that law.[4]
Involvement in California recall election
Pregerson was part of a unanimous three-judge panel that ordered the postponement of the
Federalism
Pregerson was a supporter of
Pregerson's first ruling on Raich was based on federalism rather than his opinion on the merit of medical marijuana. In 2007, after Raich was decided by the Supreme Court, Angel Raich sued Alberto Gonzales again for substantive due process violation because the Controlled Substance Law deprived her fundamental right to life. Pregerson ruled against Raich this time, arguing it is still untimely to call using medical marijuana a "fundamental right" that is "implicit in the concept of ordered liberty" as only a minority of states legalized medical marijuana.[10]
In the case United States v. Reynard, the circuit court upheld the DNA Analysis Backlog Elimination Act of 2000. Pregerson wrote a dissent, arguing that the act was an unconstitutional exercise of federal power.[11]
Gender equality
Pregerson wrote a dissenting opinion in Jespersen v. Harrah's Operating Co., which was joined by judges Alex Kozinski, Susan P. Graber, and William A. Fletcher. The majority ruled that Jespersen had not shown sufficient evidence that Harrah's "Personal Best" policy, which required women but not men to wear makeup, was sex discrimination. Pregerson disagreed:
"Harrah's regarded women as unable to achieve a neat, attractive, and professional appearance without the facial uniform designed by a consultant and required by Harrah's. The inescapable message is that women's undoctored faces compare unfavorably to men's, not because of a physical difference between men's and women's faces, but because of a cultural assumption—and gender-based stereotype—that women's faces are incomplete, unattractive, or unprofessional without full makeup." "Therefore, I strongly disagree with the majority's conclusion that there "is no evidence in this record to indicate that the policy was adopted to make women bartenders conform to a commonly-accepted stereotypical image of what women should wear.""[12]
Civil procedure
In 2007, Pregerson wrote the panel majority decision that affirmed the
Honors
In 2002 the
As a World War II veteran, Pregerson was an advocate for veterans' interests, and has worked on behalf of homeless veterans. In 2001 the Department of Veterans Affairs honored him and the then-Acting Secretary Hershel Gober and presented Pregerson with a token of appreciation with the VA seal.[20]
Personal life
Pregerson was the child of Ukrainian Jewish immigrants.[21] His wife, Bernardine, is a microbiologist.[21] Pregerson's son, Dean Pregerson, is a federal district judge for the United States District Court for the Central District of California.[21] His daughter, Katie Rodan, is a dermatologist and cofounder of a skin-care brand.[2] Pregerson died on November 25, 2017, from respiratory problems.[21]
See also
References
- ^ a b Roberts, Sam (November 30, 2017). "Harry Pregerson, Judge Guided by Conscience, Dies at 94". The New York Times. p. B14. Retrieved April 9, 2018.
- ^ a b c d e Langer, Emily (November 30, 2017). "Harry Pregerson, federal judge who placed conscience before law, dies at 94". The Washington Post. Retrieved 9 April 2018.
- Popehat.
Judge Pregerson — who began the day by announcing it was the 70th anniversary of his battle wound on Okinawa — was relentless.
- ^ a b c Cohen, Andrew (30 November 2017). "Longtime Federal Appeals Court Judge Harry Pregerson '50 Dies at 94". Berkeley Law Alumni News. Retrieved 9 April 2018.
- ^ a b c Harry Pregerson at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ The Law's Conscience Hugh Hewitt
- ^ Ninth Circuit Panel Orders Recall Vote Postponed Until March Metropolitan News
- ^ Ninth Circuit gives green light to October 7 election San Francisco Chronicle.
- ^ Egelko, Bob (December 17, 2003). "Medical pot wins a legal victory: U.S. appeals court ruling is likely to face a challenge". San Francisco Chronicle. Archived from the original on March 13, 2004. Retrieved November 26, 2017.
- ^ Raich v. Gonzales. US Court of Appeals for the Ninth Circuit. No. 03-15481.
- ^ United States v. Reynard Ninth Circuit
- ^ "Darlene Jespersen v. Harrah's Operating Company, Inc". Google Scholar. April 14, 2006. Retrieved May 18, 2021.
- ^ Dukes v. Wal-Mart Inc. Nos. 04-16688, 04-16720.
- ^ "Largest Title VII class certification in US history upheld by Ninth Circuit". Client Alert. Hunton & Williams LLP. February 14, 2007. Retrieved November 26, 2017.
- ^ Greenhouse, Steven (February 7, 2007). "Court Approves Class-Action Suit Against Wal-Mart". The New York Times. Archived from the original on May 31, 2015. Retrieved November 26, 2017.
- ^ Christie, Jim (February 6, 2007). "Wal-Mart faces historic sex bias case". Reuters. Retrieved November 26, 2017.
- ^ "Supreme Court Reverses Class Certification in Wal-Mart Stores, Inc. v. Dukes: Hurdle Raised for Antitrust Class Certification" Archived 2014-04-05 at the Wayback Machine Skadden.com Retrieved September 28, 2016.
- ^ ACR 142 Assembly Concurrent Resolution Archived 2012-06-30 at archive.today
- ^ Recipient Biography Archived 2011-05-12 at the Wayback Machine UCLA Alumni Association
- ^ "Judge Honored by VA for Work With Homeless Vets". The Third Branch. United States Courts. Archived from the original on July 9, 2001.
- ^ a b c d Dolan, Maura (November 26, 2017). "Harry Pregerson, one of the most liberal federal appeals court judges in the nation, dies at 94". Los Angeles Times. Retrieved November 26, 2017.
External links
- Harry Pregerson at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Profile at Appellate Counsellor Website Archived 2019-05-08 at the Wayback Machine
- Appearances on C-SPAN