Jon O. Newman

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Jon Newman
Senior Judge of the United States Court of Appeals for the Second Circuit
Assumed office
July 1, 1997
Chief Judge of the United States Court of Appeals for the Second Circuit
In office
June 30, 1993 – July 1, 1997
Preceded byThomas Joseph Meskill
Succeeded byRalph K. Winter Jr.
Judge of the United States Court of Appeals for the Second Circuit
In office
June 21, 1979 – July 1, 1997
Appointed byJimmy Carter
Preceded bySeat established
Succeeded byRobert Katzmann
Judge of the United States District Court for the District of Connecticut
In office
December 15, 1971 – June 21, 1979
Appointed byRichard Nixon
Preceded byWilliam H. Timbers
Succeeded byJosé A. Cabranes
United States Attorney for the District of Connecticut
In office
1964–1969
PresidentLyndon Johnson
Preceded byOwen Eagan[1]
Succeeded byStewart Jones
Personal details
Born
Jon Ormond Newman

(1932-05-02) May 2, 1932 (age 89)
New York City, New York, U.S.
Spouse(s)Martha Silberman (deceased)
Ann Leventhal
Children3
EducationPrinceton University (BA)
Yale University (LLB)

Jon Ormond Newman (born May 2, 1932) is a Senior United States Circuit Judge of the United States Court of Appeals for the Second Circuit.[2]

Education and legal training[edit]

Born in New York City, New York, Newman earned his Artium Baccalaureus degree from Princeton University in 1953 and his Bachelor of Laws from Yale Law School in 1956. After Yale, he clerked for Judge George Thomas Washington of the United States Court of Appeals for the District of Columbia Circuit and then clerked for United States Chief Justice Earl Warren from 1957 to 1958. Additionally, he was in the United States Army Reserve from 1954 to 1962.[3]

He was in private practice from 1958 to 1960 in Hartford, Connecticut and served as a graduate instructor at Trinity College.[4] He also served as special counsel to the Governor of Connecticut in 1960. He was executive assistant to the United States Secretary of Health, Education, and Welfare from 1961 to 1962 and then joined the staff of United States Senator Abraham Ribicoff as administrative assistant from 1963 to 1964. He was the United States Attorney for the District of Connecticut from 1964 to 1969 when Richard Nixon took office. He entered private practice in Hartford again until 1971 when he was nominated to a federal district judgeship.[3]

Federal judicial service[edit]

Newman was nominated by President Richard Nixon on December 2, 1971, to a seat on the United States District Court for the District of Connecticut vacated by Judge William H. Timbers. He was confirmed by the United States Senate on December 11, 1971, received his commission on December 15, 1971,and began serving as a judge on January 17, 1972. His service as a District Judge terminated on June 25, 1979, due to his elevation to the Second Circuit.[3] Newman's best-known opinion as a District Judge was an opinion in Abele v. Markle, decided by a three-judge court in 1972, which struck down Connecticut's abortion statute and was seen as a precursor to the U.S. Supreme Court decision in Roe v. Wade the following year.

Newman was nominated by President Jimmy Carter on April 30, 1979, to the United States Court of Appeals for the Second Circuit, to a new seat created by 92 Stat. 1629. He was confirmed by the Senate on June 19, 1979, and received his commission on June 21, 1979. He served as Chief Judge from 1993 to 1997. He assumed senior status on July 1, 1997.[3]

Honor[edit]

On December 8, 2016, at a special ceremony at the Supreme Court of the United States, Justice Elena Kagan presented to Judge Newman, on behalf of the federal judiciary, the 2016 Edward J. Devitt Distinguished Service to Justice Award.[5] The Devitt Award honors an Article III judge who has achieved a distinguished career and made significant contributions to the administration of justice, the advancement of the rule of law, and the improvement of society as a whole.

Noteworthy decisions[edit]

  • Abele v. Markle, 351 F. Supp. 224 (D. Conn. 1972) - Connecticut statute prohibiting abortions, except to save life of mother, was unconstitutional.
  • SCM Corp. v. Xerox Corp., 463 F. Supp. 983 (D. Conn. 1978) - After 14-month jury trial, probably the longest federal civil jury trial, Xerox Corp. did not violate antitrust laws by maintaining its plain paper copying monopoly. [http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTI0ODAtYWdfb3BuLnBkZg==/06-2480-ag_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irlcb26/1/hilite
  • Bennett v. Mukasey - A lawyer cannot take a client's money and then fail to proceed with his case because the client is not paying the bill. The Court sent immigration lawyer to the Grievance Panel for possible violation of ethical rules after the lawyer did not process the appeal of his client because of lack of payment.
  • Salinger v. Random House 811 F.2d 90 (2d Cir.1987) - J.D. Salinger's biographer used too many of the author's letters to be exempted from copyright infringement by the doctrine of "fair use"
  • Rivera v. LaPorte, 896 F.2d 691 (2d Cir. 1990)
  • Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1996) – There was subject matter jurisdiction under the Alien Tort Claim Act, 28 U.S.C.S. § 1350, because aliens brought an action for a tort committed in violation of international law
  • Leibovitz v. Paramount Pictures Corp., 137 F.3d 109 (2nd Cir. 1998) - poster for movie "Naked Gun 33 1/3" with photo of Demi Moore visibly pregnant and head of Leslie Nielsen replacing Moore's head and caption "Coming in February" was parody of Vanity Fair cover and exempt from copyright infringement as "fair use."
  • United States of America v. Cromitie (Williams) (2nd Cir. 2013) (see 2009 Bronx terrorism plot)[6]
  • Trump v. Deutsche Bank (2019)- Deutsche Bank must hand over financial records of Trump and others to the House of Representatives. This ruling along with 2 others regarding Trump's financial records was heard by the Supreme Court in 2020,[7] and held that the lower court had not adequately addressed separation of powers concerns in the rulings.[8]

See also[edit]

References[edit]

  1. ^ https://www.justice.gov/usao-ct/office
  2. ^ Hearings - Volume 5. U.S. Government Printing Office. 1961. p. 90. Retrieved 25 March 2021.
  3. ^ a b c d Jon Ormond Newman at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  4. ^ "US Attorney Bulletin" (PDF). DOJ. Retrieved 22 June 2011.
  5. ^ "Judge Jon O. Newman to Receive 2016 Devitt Award".
  6. ^ "United States of America v. Cromitie (Williams)" (PDF). GPO. August 22, 2013.
  7. ^ Higgins, Tucker; Breuninger, Kevin (2019-12-03). "Trump loses appeal to block Deutsche Bank, Capital One from handing his financial records to Congress". CNBC. Retrieved 2019-12-16.
  8. ^ "Trump v. Deutsche Bank AG". SCOTUSBLOG. Retrieved 2021-04-15.

Sources[edit]

Legal offices
Preceded by
William H. Timbers
Judge of the United States District Court for the District of Connecticut
1971–1979
Succeeded by
José A. Cabranes
New seat Judge of the United States Court of Appeals for the Second Circuit
1979–1997
Succeeded by
Robert Katzmann
Preceded by
Thomas Joseph Meskill
Chief Judge of the United States Court of Appeals for the Second Circuit
1993–1997
Succeeded by
Ralph K. Winter Jr.