Joel Martin Flaum (born November 26, 1936) is a

senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...

of the

United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Il ...

and a former United States District Judge of the

United States District Court for the Northern District of Illinois The United States District Court for the Northern District of Illinois (in case citations, N.D. Ill.) is the federal trial-level court with jurisdiction over the northern counties of Illinois. Appeals from the Northern District of Illinois ar ...

Education

Born in

Hudson, New York Hudson is a city and the county seat of Columbia County, New York, United States. As of the 2020 census, it had a population of 5,894. Located on the east side of the Hudson River and 120 miles from the Atlantic Ocean, it was named for the rive ...

, Flaum received a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree from

Union College Union College is a private liberal arts college in Schenectady, New York. Founded in 1795, it was the first institution of higher learning chartered by the New York State Board of Regents, and second in the state of New York, after Columbia Co ...

in 1958, a

Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...

from

Northwestern University School of Law Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, or "T14" law scho ...

in 1963, and a

Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...

from the same institution in 1964. He was a

United States Naval Reserve The United States Navy Reserve (USNR), known as the United States Naval Reserve from 1915 to 2005, is the Reserve Component (RC) of the United States Navy. Members of the Navy Reserve, called Reservists, are categorized as being in either the Sele ...

Lieutenant Commander, JAG Corps from 1981 to 1992.

Career

Flaum was in private practice in

Chicago, Illinois (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...

from 1964 to 1965. He then transitioned into public service as an Assistant State's Attorney of

Cook County Cook County is the most populous county in the U.S. state of Illinois and the second-most-populous county in the United States, after Los Angeles County, California. More than 40% of all residents of Illinois live within Cook County. As of 20 ...

, Illinois, from 1965 to 1969. He served as a Lecturer, Northwestern University School of Law from 1967 to 1969, and he helped found the Police Legal Advisory Program at Northwestern. Flaum was an Assistant Attorney General of Illinois from 1969 to 1970, and he became First Assistant Attorney General of Illinois from 1970 to 1972. He was First Assistant

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

for the Northern District of Illinois from 1972 to 1975.

Federal judicial service

On November 18, 1974, at the age of 38, Flaum was nominated by President

Gerald Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...

to a seat on the

vacated by Judge

Philip Willis Tone Philip Willis Tone (April 9, 1923 – November 28, 2001) was a United States circuit judge of the United States Court of Appeals for the Seventh Circuit and previously a judge of the United States District Court for the Northern District of Illino ...

. Flaum was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on December 18, 1974, and received his commission on December 20, 1974. Flaum's service terminated on June 1, 1983, due to elevation to the Seventh Circuit Court. Flaum was then nominated by President

Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...

on April 14, 1983, to a seat on the

vacated by Judge Robert Arthur Sprecher. Flaum was confirmed by the Senate on May 4, 1983, and received his commission on May 5, 1983. He served as Chief Judge from 2000 to 2006. Flaum assumed

senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...

on November 30, 2020.

Notable opinions

In March 2017, Flaum found that police officers could not be sued for needlessly destroying property during a search because they had prevented the owner from witnessing which officers had caused the damage. Judge David Hamilton partially dissented, arguing that the owner should not have been required to instead plead a novel " conspiracy of silence" claim. On April 4, 2017, Flaum wrote a concurrence when the 7th Circuit upheld (in an 8–3 vote) that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act. Flaum wrote: "Consequently, employment discrimination based on an employee’s interracial relationship is, in part, tied to an enumerated trait: the employee’s race. This type of discrimination is prohibited by Title VII. The same principle applies here. Ivy Tech allegedly refused to promote Professor Hively because she was homosexual—or (A) a woman who is (B) sexually attracted to women. Thus, the College allegedly discriminated against Professor Hively, at least in part, because of her sex. I conclude that Title VII, as its text provides, does not allow this." Flaum was joined by

Kenneth Francis Ripple Kenneth Francis Ripple (born May 19, 1943) is a Senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit. Education and career Ripple was born in Pittsburgh, Pennsylvania. He received an Artium Baccalaur ...

in his concurrence, and the two of them joined part of the majority opinion written by

Diane Wood Diane Pamela Wood (born July 4, 1950) is an American attorney who serves as a Senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School. After ...

. On April 19, 2018, Flaum was the deciding vote in blocking Indiana's fetal burial requirement. Flaum was also in the 3–0 majority to block Indiana's ban on abortions due to race, sex, or disability. The majority opinion was written by

William J. Bauer William Joseph Bauer (born September 15, 1926) is an inactive senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit in Chicago and previously a United States district judge of the United States District ...

, and the 2–1 and 3–0 discrepancy comes from the partial dissent of

Daniel Anthony Manion Daniel Anthony Manion (born February 1, 1942) is an American lawyer, politician, and jurist serving as a senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit whose chambers are in South Bend, Indiana. ...

. On June 25, 2018, Flaum again cast the decisive vote in favor of abortion rights, to deny rehearing of the April 2018 cases. The U.S. Supreme Court partially overturned and partially declined to review the opinion in ''

Box v. Planned Parenthood of Indiana and Kentucky, Inc. ''Box v. Planned Parenthood of Indiana and Kentucky, Inc.'', No. 18-483, 587 U.S. ___, 139 S.Ct. 1780 (2019), was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Ind ...

'' Despite his 2018 votes in favor of abortion rights, on November 1, 2019, Flaum voted to rehear a case after a three-judge panel blocked Indiana's parental notification requirements. Flaum joined a dissent written by

Michael Stephen Kanne Michael Stephen Kanne (December 21, 1938 – June 16, 2022) was a United States circuit judge of the United States Court of Appeals for the Seventh Circuit and a former United States District Judge of the United States District Court for the Nort ...

. On September 7, 2018, Flaum ruled that the felon dispossession statutes that barred felons from getting rifles does not violate the Second Amendment. Flaum was joined by

over the dissent of

Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. S ...

. In June 2020, Flaum, joined by Judge Amy St. Eve and then-Judge

, held that during resentencing under the

First Step Act The First Step Act, formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, is a bipartisan criminal justice bill passed by the 115th Congress and signed by President Donald Trump in Decembe ...

, a previous sentence over double the

United States Federal Sentencing Guidelines The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for Sentence (law), sentencing individuals and organizations convicted of Classes of offenses under United States f ...

range could not simply be reimposed without explanation.

Awards

Flaum was inducted as a Laureate of

The Lincoln Academy of Illinois The Lincoln Academy of Illinois is a not-for-profit, non-partisan organization dedicated to recognizing contributions made by living Illinoisans. Named for Abraham Lincoln, the Academy administers the ''Order of Lincoln'', the highest award given ...

and awarded the Order of Lincoln (the State's highest honor) by the

Governor of Illinois The governor of Illinois is the head of government of Illinois, and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by p ...

in 2008 in the area of government and law.

References

Sources

* {{DEFAULTSORT:Flaum, Joel Martin 1936 births Living people 20th-century American judges Assistant United States Attorneys Judges of the United States Court of Appeals for the Seventh Circuit Judges of the United States District Court for the Northern District of Illinois Military personnel from Illinois Northwestern University Pritzker School of Law alumni People from Hudson, New York Union College (New York) alumni United States court of appeals judges appointed by Ronald Reagan United States district court judges appointed by Gerald Ford United States Navy officers United States Navy reservists