Michelle T. Friedland
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Michelle Taryn Friedland (born July 4, 1972) is a
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 Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
.


Biography


Early life and education

Friedland was born in
Berkeley Berkeley most often refers to: *Berkeley, California, a city in the United States **University of California, Berkeley, a public university in Berkeley, California * George Berkeley (1685–1753), Anglo-Irish philosopher Berkeley may also refer ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
. She graduated from The Pingry School in Basking Ridge,
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
. She received a
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University of ...
degree in biology in 1995 from
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is consider ...
, graduating
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...
. She then studied philosophy at
Wolfson College, Oxford Wolfson College () is a constituent college of the University of Oxford in England. Located in north Oxford along the River Cherwell, Wolfson is an all-graduate college with around sixty governing body fellows, in addition to both research and ...
as a
Fulbright Scholar The Fulbright Program, including the Fulbright–Hays Program, is one of several United States Cultural Exchange Programs with the goal of improving intercultural relations, cultural diplomacy, and intercultural competence between the people of ...
, returning to California for law school. She received 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 ...
in 2000 from Stanford Law School, graduating
Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, whi ...
and second in her class. She served as a law clerk to Judge David Tatel of the United States Court of Appeals for the District of Columbia Circuit and then served as a law clerk to Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. She completed a two-year lectureship at Stanford Law School before entering private practice.


Professional career

Before her confirmation, Friedland served as a litigation partner in the San Francisco office of
Munger, Tolles & Olson LLP Munger, Tolles, & Olson LLP (MTO) is a Californian law firm with offices in Los Angeles, San Francisco, and Washington, D.C. Charles Munger founded the firm in 1962 along with six other attorneys. Legal practice Munger, Tolles & Olson is known ...
. She joined the firm in 2004 as an associate, becoming a partner in January 2010. She has extensive litigation experience at the state and federal trial court and appellate levels, including litigating before the United States Supreme Court. During her legal career, Friedland represented a number of corporate clients in cases involving a wide range of legal issues, including antitrust, tax, patent, copyright, and consumer class actions. She also frequently represented the
University of California The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
in cases involving constitutional issues. She maintained an active ''pro bono'' practice. The State Bar of California named a Munger team including Friedland a recipient of the 2013 President's Pro Bono Service Award. Friedland also has served as an adjunct professor at the
University of Virginia Law School The University of Virginia School of Law (Virginia Law or UVA Law) is the law school of the University of Virginia, a public research university in Charlottesville, Virginia. It was founded in 1819 by Thomas Jefferson as part of his "academical v ...
, teaching a course on constitutional issues in higher education.


Federal judicial service

On August 1, 2013, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
nominated Friedland to a seat on the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
. She filled the seat that was vacated by Judge Raymond C. Fisher, who 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 March 31, 2013. On January 16, 2014, the Senate Judiciary Committee voted to forward her nomination to the full Senate by a 14–3 vote. Cloture was filed on her nomination on April 8, 2014. On April 10, 2014, the motion to invoke cloture was agreed to by a 56–41 vote. On April 28, 2014 her nomination was confirmed by a 51–40 vote. She received her judicial commission on April 29, 2014. Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
administered the oath of office to Friedland at her formal investiture on June 13, 2014, in the
James R. Browning United States Court of Appeals Building The James R. Browning U.S. Court of Appeals Building is a historic post office and courthouse building located at San Francisco, California. It is a courthouse for the United States Court of Appeals for the Ninth Circuit. Completed in 1905 as the ...
in
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
. At the time of her appointment Friedland, then 41, ranked fourth among the youngest appointees to the Ninth Circuit Court of Appeals.


Notable cases

On February 4, 2017, Friedland and Judge
William Canby William Cameron Canby Jr. (born May 22, 1931) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit, sitting in Phoenix, Arizona. As both a professor at Arizona State University College of Law and ...
rejected the
Trump administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
's request for an administrative stay of the district court's temporary restraining order in State of Washington v. Trump, part of the ongoing court cases related to Executive Order 13769, pending full review in the Ninth Circuit. On February 7, Friedland, Canby, and Judge
Richard Clifton Richard Randall “Rick” Clifton (born November 13, 1950) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and legal training Clifton received an Artium Baccalaureus degree at Princ ...
heard oral arguments on the emergency motion to stay, with an audio feed of the telephonic argument broadcast nationwide. On February 9, the three judges denied the request for a stay of the temporary restraining order. The case was notably parodied by
Saturday Night Live ''Saturday Night Live'' (often abbreviated to ''SNL'') is an American late-night live television sketch comedy and variety show created by Lorne Michaels and developed by Dick Ebersol that airs on NBC and Peacock. Michaels currently serves a ...
, with Judge Friedland being portrayed by Vanessa Bayer. On July 3, 2019, in another high-profile ruling, Friedland and Richard R. Clifton upheld a district court's halting of parts of
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
's wall.
N. Randy Smith Norman Randy Smith (born August 11, 1949) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He lives and maintains chambers in Pocatello, Idaho. Background A native of southeastern Idaho, Smith ...
issued a dissent, and on July 26, the Supreme Court overturned Friedland and Clifton by a 5–3 vote on ideological lines with
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
saying he would temporarily block the construction of the wall but allow funding to be set aside for it. In ''Garcia v. City of Los Angeles'', decided on September 2, 2021, Friedland ruled that the city of Los Angeles cannot seize and discard the "bulky items" of homeless individuals.


Personal life

Friedland is married to Daniel Kelly.


See also

* List of Jewish American jurists * List of law clerks of the Supreme Court of the United States (Seat 8) * Joe Biden Supreme Court candidates


References


External links

* * * {{DEFAULTSORT:Friedland, Michelle Taryn 1972 births Living people 21st-century American judges American women lawyers American lawyers California lawyers Judges of the United States Court of Appeals for the Ninth Circuit Law clerks of the Supreme Court of the United States Lawyers from Berkeley, California People associated with Munger, Tolles & Olson Pingry School alumni Stanford Law School alumni Stanford Law School faculty United States court of appeals judges appointed by Barack Obama University of Virginia School of Law faculty American women legal scholars 21st-century American women judges Fulbright alumni