Martin Leach-Cross Feldman
Martin Leach-Cross Feldman | |
---|---|
Judge of the United States Foreign Intelligence Surveillance Court | |
In office May 19, 2010 – May 18, 2017 | |
Appointed by | John Roberts |
Preceded by | George P. Kazen |
Succeeded by | Robert B. Kugler |
Judge of the United States District Court for the Eastern District of Louisiana | |
In office October 5, 1983 – January 26, 2022 | |
Appointed by | Ronald Reagan |
Preceded by | Jack Murphy Gordon |
Succeeded by | Brandon Scott Long |
Personal details | |
Born | St. Louis, Missouri, U.S. | January 28, 1934
Died | January 26, 2022 New Orleans, Louisiana, U.S. | (aged 87)
Political party | Republican |
Spouse | Melanie Pulitzer (died 2002)[1] |
Children | 2 |
Education | Tulane University (BA, JD) |
Martin Leach-Cross Feldman (January 28, 1934 – January 26, 2022) was a United States district judge of the United States District Court for the Eastern District of Louisiana.
Education and career
Feldman was born in
Political activism
Feldman was among seventy-one
In 1974, Feldman lost a race, 67–32, in the
Judicial ideology
Feldman considered himself a "traditional" or "old-fashioned" conservative. However, in December 2017, he denounced Roy Moore as a "right-wing nut". He was known to err on the side of limited government. When speaking of the Constitution, Feldman once remarked "It says what it says".[7]
Federal judicial service
Feldman was nominated by President
Robicheaux v. Caldwell
On September 3, 2014, Feldman issued a ruling upholding Louisiana's ban of same-sex marriage. After the United States Supreme Court ruled Section 3 of the Defense of Marriage Act, the federal statute that banned the United States federal government from recognizing same-sex marriage, as unconstitutional in United States v. Windsor, he was the only district federal judge to uphold a state prohibition against same-sex marriage. Feldman said that the state has a legitimate interest in upholding the state's 2004 amendment to the state constitution defining marriage as between one man and one woman that was approved by 78% of voters. Feldman stated, "marriage is a legitimate concern of state law and policy, and that it may be rightly regulated because of what for centuries has been its role."
Feldman also equated the recognition of marriage without regard to sex to incest, writing that he was concerned that recognizing marriage without regard to the sex of the members of the couple would lead to a slippery slope that would eventually require courts to recognize polygamy and incest.[9]
For example, must the states permit or recognize a marriage between an aunt and niece? Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people? What about a transgender spouse? Is such a union same-gender or male-female? All such unions would undeniably be equally committed to love and caring for one another, just like the plaintiffs.
— Judge Feldman,Robicheaux v. Caldwellruling
Lawyers for the plaintiffs immediately announced plans to appeal the ruling.
In January 2015, the case was heard in the U.S. Court of Appeals for the Fifth Circuit, alongside cases from Texas and Mississippi. The decision remained unresolved at the time of the June 26 Obergefell decision. Following the Supreme Court decision, the appeals court remanded the case back down to Feldman and the district court for a reversal of order ruling in favor of the Louisiana plaintiffs.
Deep water drilling
On June 22, 2010, Feldman issued a preliminary injunction blocking a six-month moratorium on deep-water offshore drilling in Hornbeck Offshore Services LLC v. Salazar. White House press secretary Robert Gibbs indicated that the Obama administration intended to immediately appeal the decision to the Fifth Circuit Court of Appeals.[10]
Feldman's 2008 financial disclosure report[11] indicates that in that year, he owned stock in Transocean (worth under $15,000), the company that owned the Deepwater Horizon rig, as well as in other oil companies which would be affected by the moratorium.[12] A federal judge is required to consider recusal when he owns shares in one of the parties in the case before him, however none of the companies listed in Feldman's 2008 disclosure were directly involved in the action against Salazar.
Feldman's 2009 financial disclosure report
As of the June 9, 2010 amended complaint, Transocean, Black Rock, BP, and Exxon-Mobil were not plaintiffs in the action.[15]
Louisiana bar closures
On August 17, 2020, Feldman ruled that Louisiana's bar closures due to the COVID-19 pandemic are constitutional.[16]
Personal life and death
Feldman died on January 26, 2022, two days before his 88th birthday. He was predeceased by his wife, Melanie (née Pulitzer), who died in 2002. Several years after her death, Feldman converted to Roman Catholicism.[1][17]
See also
References
- ^ a b "Martin Feldman, federal judge in New Orleans for 39 years, dies at 87 | Courts | nola.com". www.nola.com.
- ^ a b "Louisiana: Martin L. C. Feldman", Who's Who in American Politics, 2007-2008 (Marquis Who's Who: New Providence, New Jersey, 2007), p. 658
- ^ a b "Martin L C Feldman". Federal Directory (fee, via Fairfax County Public Library). Bethesda, Maryland: Carroll Publishing. 2011. Gale Document Number: GALE|K2415007763. Retrieved December 30, 2013. Biography in Context. (subscription required)
- ^ a b "Feldman, Martin Leach-Cross - Federal Judicial Center". fjc.gov.
- ^ "71 Jewish Delegates, Alternates Toil at Republican Convention". jta.org. August 23, 1972. Retrieved September 4, 2014.
- ^ "Louisiana Republicans Hold Elections," Minden Press-Herald, March 4, 1974, p. 1.
- ^ Mustian, Jim (January 1, 2018). "After accident, 'indomitable' judge Martin Feldman -- known for sharp mind, style, more -- returns". The New Orleans Advocate. Retrieved February 23, 2021.
- ^
Shiffman, John; Cooke, Kristina (June 21, 2013). "The judges who preside over America's secret court". Reuters. Archived from the original on June 23, 2013. Retrieved July 1, 2013.
Twelve of the 14 judges who have served this year on the most secret court in America are Republicans and half are former prosecutors.
- ^ Bell, Kyle (September 3, 2014). "Louisiana Judge Upholds Gay Marriage Ban Citing Laws Against Incest". South Bend Voice.
- ^ Savage, Charlie (June 22, 2010). "Judge Blocks Deep-Water Drilling Moratorium". The New York Times.
- ^ Feldman, Martin L. C. (May 14, 2009). "Financial disclosure report for calendar year 2008" (PDF). p. 5. Archived from the original (PDF) on June 8, 2011. Retrieved December 30, 2013. line 19
- ^ Roosevelt, Margot (June 22, 2010). "Gulf oil spill: New Orleans judge held energy-related stocks". Los Angeles Times.
- ^ Feldman, Martin L. C. (June 3, 2010). "Financial disclosure report for calendar year 2009" (PDF). ThinkProgress. p. 6. Archived from the original (PDF) on October 29, 2013. Retrieved December 30, 2013. lines 44-45
- ^ Mufson, Steven; Stephens, Joe (June 26, 2010). "Judge in drilling case held stock in oil company affected by moratorium". Washington Post. Retrieved June 25, 2010.
- ^ "FIRST SUPPLEMENTAL AND AMENDED COMPLAINT against Robert Abbey, Minerals Management Service, Kenneth Lee Salazar and United States Department of the Interior filed by Hornbeck Offshore Services, L for Hornbeck Offshore Services, L.L.C. v. Salazar et al". Justia Dockets & Filings. Retrieved December 30, 2013.
- ^ "Federal judge won't block Louisiana bar closures". August 17, 2020. Retrieved February 23, 2021.
- ^ US District Court Judge Martin Feldman has died, wdsu.com; accessed January 28, 2022.