David S. Tatel
|Judge of the United States Court of Appeals for the District of Columbia Circuit|
|Assumed office |
October 7, 1994
|Appointed by||Bill Clinton|
|Preceded by||Ruth Bader Ginsburg|
|Born||March 16, 1942|
Washington, D.C., U.S.
|Education||University of Michigan (BA)|
University of Chicago (JD)
David S. Tatel (born March 16, 1942) is an American jurist and a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit since 1994.
Education and career
Tatel received his Bachelor of Arts degree from the University of Michigan and his Juris Doctor from the University of Chicago Law School. Following law school, he served as an instructor at the University of Michigan Law School and then joined Sidley Austin in Chicago. Since then, he served as founding director of the Chicago Lawyers' Committee for Civil Rights Under Law, Director of the National Lawyers' Committee for Civil Rights Under Law, and Director of the Office for Civil Rights of the United States Department of Health, Education, and Welfare during the Carter Administration. Returning to private practice in 1979, Tatel joined Hogan & Hartson, where he founded and headed the firm's education practice until his appointment to the D.C. Circuit. While on sabbatical from Hogan & Hartson, Tatel spent a year as a lecturer at Stanford Law School. He also previously served as Acting General Counsel for the Legal Services Corporation.
Federal judicial service
Tatel was nominated by President Bill Clinton on June 20, 1994, to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by Judge Ruth Bader Ginsburg. He was confirmed by the United States Senate on October 6, 1994 by a voice vote, and received commission on October 7, 1994.
In June 2017, Tatel found the Foreign Sovereign Immunities Act did not prevent the survivors of a Holocaust victim from suing to recover art stolen by Nazi plunderers, over the partial dissent of Senior Judge A. Raymond Randolph.
In October 2019, Tatel filed the majority opinion in Trump v. Mazars USA, LLP, finding that the United States House of Representatives Committee on Oversight and Reform had the authority to compel Mazars USA, via subpoena, to produce documents relating to the personal financial information of President Donald Trump, including several years' worth of income tax returns. That decision was vacated and remanded, 7-2, by the SCOTUS in an opinion written by Chief Justice Roberts on July 9, 2020. Justices Alito and Thomas dissented with the remand, with the former citing:
Congress' legislative powers do not authorize it to engage in a nationwide inquisition with whatever resources it chooses to appropriate for itself. The majority's solution—a nonexhaustive four-factor test of uncertain origin—is better than nothing. But the power that Congress seeks to exercise here has even less basis in the Constitution than the majority supposes. I would reverse in full because the power to subpoena private, nonofficial documents is not a necessary implication of Congress' legislative powers. If Congress wishes to obtain these documents, it should proceed through the impeachment power. Accordingly, I respectfully dissent.
Tatel serves as co-chair of the National Academy of Sciences' Committee on Science, Technology, and Law and is a board member of Associated Universities, Inc. and the Federal Judicial Center. He is a member of the American Philosophical Society, the American Academy of Arts and Sciences, and the National Academy of Education. He chaired the Board of The Spencer Foundation from 1990 to 1997 and the Board of The Carnegie Foundation for the Advancement of Teaching from 2005 to 2009. Tatel and his wife, Edith, have had four children and eight grandchildren.
Selected publications and speeches
- Tatel, David S. (September 13, 1997). Alexander F. Morrison Lecture. Annual Meeting of the California State Bar, San Diego, CA
- Tatel, David S. (June 25, 2002). Remarks of David S. Tatel on the Occasion of the Spencer Foundation's 30th Anniversary Dinner. Chicago, IL
- Tatel, David S. (October 16, 2003). Remarks on the Occasion of the Portrait Hanging Ceremony for the Honorable Patricia Wald. Washington, D.C.
- Tatel, David S. (January 19, 2004). Macalester College Graduation Ceremony Speech. St. Paul, MN
- Tatel, David S., "Madison Lecture: Judicial Methodology, Southern School Desegregation, and the Rule of Law, 79 N.Y.U. L. Rev. 1071 (2004).
- Tatel, David S. (October 27, 2006). “Remarks on the Occasion of the Portrait Hanging Ceremony for the Honorable Stephen F. Williams”. Washington, D.C.
- Tatel, David S. (November 15, 2008). Remarks of David S. Tatel. The American Philosophical Society, Philadelphia, PA
- Tatel, David S. (January 17, 2009). Litigation and Integration Then and Now. Delivered at Passing the Torch: the Past, Present, and Future of Interdistrict School Desegregation, Harvard Law School, Cambridge, MA
- Tatel, David S. (December 8, 2009). Remarks on the Occasion of the Portrait Hanging Ceremony for the Honorable James Robertson. Washington, D.C.
- Tatel, David S. (April 23, 2012). Habeas Corpus: Remarks of Judge David S. Tatel. Cosmos Club, Washington, D.C.
- Tatel, David S. (April 5, 2013). Remarks on the Occasion of the Portrait Hanging Ceremony for the Honorable David B. Sentelle. Washington, D.C.
- Tatel, David S. (November 15, 2013). Remarks of David S. Tatel. The American Philosophical Society, Philadelphia, PA
- Johnson, Earl Jr. (2014). To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States. Santa Barbara: Praeger. p. 456. ISBN 978-0-313-35706-0.
- "Tatel, David S. - Federal Judicial Center". fjc.gov. Retrieved July 19, 2020.
- "FOREIGN RELATIONS LAW" (PDF). harvardlawreview.org. Retrieved 2020-07-20.
- de Csepel v. Republic of Hungary, 859 F.3d 1094 (D.C. Cir. 2017).
- "Trump v. Mazars USA, LLP, No. 19-5142 (D.C. Cir. 2019)". Justia Law. Retrieved 2019-10-11.
- Trump v. Mazars appeal, U.S. Supreme Court (decided July 9, 2020, No. 19-715), casetext.com; accessed July 19, 2020.
- Slavin, Barbara (July 28, 1994). "A Judge of Character". Los Angeles Times. Retrieved 2014-11-27.
- Tillman, Zoe. "John Payton, 'Champion of Equality,' Remembered." The Blog of the Legal Times, April 16, 2012 (National Law Journal photo by Diego M. Radzinschi).
- David S. Tatel at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
- White House press release announcing Tatel's nomination
- Official D.C. Circuit Biography
- Appearances on C-SPAN
Ruth Bader Ginsburg
| Judge of the United States Court of Appeals for the District of Columbia Circuit