|Senior Judge of the United States District Court for the Western District of Washington|
June 28, 2016
|Judge of the United States District Court for the Western District of Washington|
June 21, 2004 – June 28, 2016
|Appointed by||George W. Bush|
|Preceded by||Thomas Samuel Zilly|
|Born||James Louis Robart
September 2, 1947
Seattle, Washington, U.S.
|Spouse(s)||Mari Jalbing (m. 1980)|
|Alma mater||Whitman College
Georgetown University Law Center
James Louis Robart (born September 2, 1947) is a United States federal judge in the United States District Court for the Western District of Washington.
Early life and education
Robart was born in Seattle, Washington, in 1947. Robart's father Victor Robart worked for Standard Oil of California as a ship captain. James Robart grew up in the Richmond Beach neighborhood of Shoreline, Washington, and graduated from Shoreline High School, where he was student body president. He attained the rank of Eagle Scout.
Robart received a bachelor of arts degree magna cum laude from Whitman College in 1969 and a law degree from Georgetown University Law Center in 1973. As a law student, he was administrative editor of the Georgetown Law Journal. He also served as a legislative assistant to U.S. Representative John Dellenback and worked with Henry M. "Scoop" Jackson on the Alaska Native Claims Settlement Act.
From 1973 to 2004, Robart was in private practice in Seattle with the law firm of Lane Powell Moss & Miller (later Lane Powell Spears Lubersky LLP and then Lane Powell PC). He specialized in civil litigation. He was the chair of the firm's Litigation Department from 1992 to 1998, and was managing partner at the firm in 2003 and 2004. As an attorney, Robart tried numerous cases, including high-profile litigation related to Washington's Initiative 695, in which he successfully represented the cities of Bainbridge Island, Bremerton and Lakewood in both the trial court and the Washington Supreme Court. He did pro bono work with Evergreen Legal Services, and independently represented Southeast Asian refugees. He is a fellow of the American College of Trial Lawyers.
In the past, Robart has served as president of the Seattle Children's Home and former trustee of the Children's Home Society of Washington.
Robart has served as a trustee of his alma mater Whitman College, and formerly served as chair of the college's Board of Overseers.
On December 9, 2003, Robart was nominated by President George W. Bush to a seat on the United States District Court for the Western District of Washington vacated by Thomas S. Zilly. He received a unanimous "well-qualified" rating from the American Bar Association's Standing Committee on the Federal Judiciary. Robart was unanimously confirmed by the United States Senate on June 17, 2004, and received his commission on June 21, 2004. He took senior status on June 28, 2016.
Robart presided over a case in which a street performer (busker) raised a constitutional challenge to Seattle Center rules regulating performers' conduct. In 2005, Robart held that some of the regulations, such as those requiring performers to wear badges and barring them from performing within 30 feet of people waiting in line, were a prior restraint and violated performers' constitutional right to freedom of speech. On appeal, a three-judge panel of the Ninth Circuit initially reversed in a 2-1 decision, holding that the regulations were valid. After a rehearing en banc, the Ninth Circuit upheld Robart's ruling, concluding that the challenged rules did not "qualify as reasonable time, place, or manner restrictions" under the current record.
In 2005, in the case of ASF Inc. v. City of Seattle, Robart struck down the City of Seattle's effective ban on strip clubs, finding that the city's 17-year moratorium on granting adult entertainment licenses constituted an unconstitutional prior restraint.
In 2011, Robart dismissed a lawsuit brought by phone book companies against the City of Seattle. The companies challenged the city's law that created a "yellow book" opt-out registry, allowing residents to cancel deliveries of phone books. Robart found that the ordinance was a permissible restraint on commercial speech. On appeal, however, the U.S. Court of Appeals for the Ninth Circuit, disagreed and reversed.
In 2012 Robart presided over a breach of contract matter between Microsoft and Motorola, which determined a reasonable and non-discriminatory royalty rate for a portfolio of standard essential patents, including for several 802.11 ("WiFi") and H.264 video-encoding patents.
Robart was assigned to Microsoft v. United States, a case brought in 2016 by Microsoft Corp. (with support by other tech companies, including Apple, Google, and Amazon) against the U.S. Department of Justice, challenging the provision of the federal Stored Communications Act that bars companies from alerting customers to secret government surveillance of their emails. In February 2017, Robart denied the government's motion to dismiss, finding that Microsoft had made a plausible First Amendment argument that these "gag orders" were akin to "permanent injunctions preventing speech from taking place before it occurs" and therefore failed strict scrutiny. Robart wrote: "The public debate has intensified as people increasingly store their information in the cloud and on devices with significant storage capacity. Government surveillance aided by service providers creates unique considerations because of the vast amount of data service providers have about their customers."
On February 3, 2017, Robart granted a temporary restraining order against President Donald Trump's executive order on travel and immigration, pending review of a lawsuit brought by Washington Attorney General Bob Ferguson. Trump responded via Twitter, calling the opinion "ridiculous" and disparaging Robart as a "so-called judge." Trump's personal attack on Judge Robart prompted criticism from members of Congress and commentators who said that it endangered the independence of the judiciary. On February 9, a three-judge panel of the Ninth Circuit unanimously upheld Robart's order and rejected the federal government's request for an emergency stay pending appeal.
Robart is an avid fisherman and has for many years taken annual fishing trips to Langara Island, British Columbia. He is also a frequent reader of biographies, citing William Manchester's unfinished Churchill biography as his favorite. He is known for often wearing a bow tie along with his judicial robes.
- "Presidential Nomination: James Louis Robart". White House. Retrieved February 5, 2017.
- Robart, James L., Biographical Directory of Federal Judges (Federal Judicial Center).
- Dana Luthy, Profile of Judge James L. Robart, Federal Bar Association of the Western District of Washington News, Vol. 27, No. 1 (Summer 2004), pp. 11 & 13.
- Brocchetto, Marilia (February 4, 2017). "James Robart: 5 things to know about judge who blocked travel ban". CNN. Retrieved 4 February 2017.
- Jim Brunner, Trump's 'so-called judge' is a highly regarded GOP appointee, Seattle Times (February 4, 2017).
- Mica Rosenberg & Nathan Layne, 'So-called judge' derided by Trump known for fairness, work with youth, Reuters (February 4, 2017).
- Trevor Hughes, Meet James Robart, the judge who halted Trump's immigration ban, USA Today (February 4, 2017).
- Ratings of Article III Judicial Nominees: 108th Congress, American Bar Association Standing Committee on the Federal Judiciary (last updated January 10, 2008).
- Paul Shukovsky, Seattle Center limits on street performers OK'd, Seattle Post-Intelligencer (January 9, 2008).
- Berger v. City of Seattle, 533 F.3d 1030 (9th Cir. (en banc) 2008).
- Berger v. City of Seattle, 569 F.3d 1029 (9th Cir. (en banc) 2009).
- Mike Lewis, Judge strikes down ban on strip clubs: City instead will keep pushing for 4-foot rule, Seattle Post-Intelligence (September 12, 2005).
- ASF Inc. v. City of Seattle, 408 F. Supp. 2d 1102 (W.D. Wash. 2005).
- Vanessa Ho, Phone book company loses court fight against Seattle, Seattle Post-Intelligencer (June 29, 2011).
- Dex Media West, Inc. v. City of Seattle, 793 F. Supp. 2d 1213 (W.D. Wash. 2011).
- 696 F.3d 952 (9th Cir. 2012).
- Microsoft Corp. v. Motorola, Inc., 854 F. Supp. 2d 993 (W.D. Wash. 2012).
- Dembiczak, Lisa (November 21, 2012). "Microsoft vs. Google trial over patents ends". Chicago Tribune. Retrieved 5 February 2017.
- Ramnathan, Valli Meenkshi (November 21, 2012). "Microsoft Vs Motorola Patent Trial First Phase Draws To A Close; Judge To Set Royalty Rate". International Business Times. Retrieved 5 February 2017.
- Miletich, Steve (August 15, 2016). "Federal judge declares 'black lives matter' during hearing over Seattle police reform". Seattle Times. Retrieved 5 February 2017.
- Kartikay Mehrotra, Microsoft Allowed to Sue U.S. Government Over E-mail Surveillance, Bloomberg (February 9, 2017).
- Josh Gerstein, Court backs Microsoft suit over surveillance gag orders, Politico (February 9, 2017).
- Peter A. Crusco, Indefinite Gag Orders Under the Stored Communications Act, New York Law Journal (February 27, 2017).
- www.ca9.uscourts.gov: State of Washington & State of Minnesota v. Trump
- "Judge to hear state's lawsuit against Trump's immigration ban Friday". KIRO. February 3, 2017.
- Person, Daniel (February 3, 2017). "'No One Is Above the Law': Federal Judge in Seattle Puts Trump's Immigration Order On Ice". Seattle Weekly.
- Julie Page, Trump's criticism of judge shows limits of staff's influence, Associated Press (February 4, 2017).
- Martha Minow & Robert Post, Standing up for 'so-called' law, Boston Globe (February 10, 2017).
- Joe Scarborough, Trump's reckless shot at a federal judge, Washington Post (February 5, 2017).
- Eric Posner, Gorsuch Must Condemn Trump's Attack on a Judge, New York Times (February 4, 2017).
- Sahil Kapur. Democrats See Opening Against Gorsuch in Trump Judge Attack, Bloomberg Politics (February 5, 2017).
- Matt Zapotosky, Federal appeals court rules 3 to 0 against Trump on travel ban, Washington Post (February 9, 2017).
- State of Washington v. Trump, 847 F.3d 1151 (9th Cir. 2017).
- Presentation of James L. Robart, Nominee To Be District Judge for the Western District of Washington, by Hon. Patty Murray, a U.S. Senator from the State of Washington, S. Hrg. 108-135, Pt. 6, United States Senate Committee on the Judiciary, 108th Congress.
- James Robart at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
Thomas Samuel Zilly
|Judge of the United States District Court for the Western District of Washington