John Marten (surgeon)
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:''See also John Marten (academic) (died 1473), Master of University College, Oxford, England.'' John Thomas Marten (born 1951) is a senior United States district judge of the
United States District Court for the District of Kansas The United States District Court for the District of Kansas (in case citations, D. Kan.) is the federal district court whose jurisdiction is the state of Kansas. The Court operates out of the Robert J. Dole United States Courthouse in Kansas Ci ...
.


Education and career

Born in
Topeka Topeka ( ; Kansa: ; iow, Dópikˀe, script=Latn or ) is the capital city of the U.S. state of Kansas and the seat of Shawnee County. It is along the Kansas River in the central part of Shawnee County, in northeast Kansas, in the Central Un ...
,
Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
, Marten 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
Washburn University Washburn University (WU) is a public university in Topeka, Kansas, United States. It offers undergraduate and graduate programs, as well as professional programs in law and business. Washburn has 550 faculty members, who teach more than 6,100 u ...
in 1973 and 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
Washburn University School of Law The Washburn University School of Law is a public law school located on the main campus of Washburn University in Topeka, Kansas. Washburn Law was founded in 1903. The school is accredited by the American Bar Association and has been a member of ...
in 1976. He was a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
to former Associate Justice
Tom C. Clark Thomas Campbell Clark (September 23, 1899June 13, 1977) was an American lawyer who served as the 59th United States Attorney General from 1945 to 1949 and as Associate Justice of the Supreme Court of the United States from 1949 to 1967. Clark ...
of the Supreme Court of the United States while Clark had senior status and was a visiting judge on several United States Courts of Appeals from 1976 to 1977. He was in private practice in
Omaha Omaha ( ) is the largest city in the U.S. state of Nebraska and the county seat of Douglas County. Omaha is in the Midwestern United States on the Missouri River, about north of the mouth of the Platte River. The nation's 39th-largest city ...
,
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
from 1977 to 1980, then in
Minneapolis Minneapolis () is the largest city in Minnesota, United States, and the county seat of Hennepin County. The city is abundant in water, with thirteen lakes, wetlands, the Mississippi River, creeks and waterfalls. Minneapolis has its origins ...
,
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
until 1981, and then in McPherson,
Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
until 1996.


Federal judicial service

On October 18, 1995, Marten was nominated by President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
to a seat on the
United States District Court for the District of Kansas The United States District Court for the District of Kansas (in case citations, D. Kan.) is the federal district court whose jurisdiction is the state of Kansas. The Court operates out of the Robert J. Dole United States Courthouse in Kansas Ci ...
vacated by
Patrick F. Kelly Patrick F. Kelly (June 25, 1929 – November 16, 2007) was a United States district judge of the United States District Court for the District of Kansas. Education and career Born in Wichita, Kansas, Kelly received a Bachelor of Arts degree fr ...
. Marten 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 January 2, 1996, and received his commission on January 4, 1996. He served as Chief Judge from April 22, 2014 to May 1, 2017. He 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 May 1, 2017.


Notable case

On August 15, 2013, Judge Marten held that an
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
opponent's letter to a Wichita doctor stating that someone might place an explosive under her car, absent sufficient contextual evidence indicating an imminent threat, is constitutionally protected speech and not a "
true threat A true threat is a threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. The U.S. Supreme Court has held that true threats are not protected under the U.S. Constitution based on three jus ...
" under existing law. Judge Marten noted that the government supplied no evidence that actual violence against Dr. Mila Means was likely or imminent, especially since after receiving the letter the doctor changed plans to provide abortion services in Kansas.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 10) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Most ...


References


Sources

* 1951 births Living people Judges of the United States District Court for the District of Kansas Law clerks of the Supreme Court of the United States People from Topeka, Kansas United States district court judges appointed by Bill Clinton Washburn University alumni People from McPherson, Kansas 20th-century American judges 21st-century American judges {{US-federal-judge-stub