California Today: Remembering the Legacy of a Liberal Judge

https://www.nytimes.com/2018/04/02/us/california-today-stephen-reinhardt-ninth-circuit.html

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Judge Stephen Reinhardt, a liberal stalwart on the United States Court of Appeals for the Ninth Circuit, died last week in Southern California. He was 87.

We talked to two experts who clerked for Judge Reinhardt to tell us a little bit about him and his legacy: Jeffrey Fisher, a professor at Stanford Law School and Joshua Matz, a constitutional lawyer based in Washington.

The questions and their answers have been edited for length and clarity.

Q: What was Judge Reinhardt like?

Mr. Matz: Judge Reinhardt ranked among the most brilliant and influential judges in modern American history. His mastery of doctrine was equaled only by his conviction that law must aspire to justice, especially for the voiceless and vulnerable. His powerful opinions and tactical savvy — not to mention his rock-ribbed liberalism — made Reinhardt a hero to the left and a villain to the right.

Q: What were some of his most famous opinions?

Mr. Fisher: Judge Reinhardt persuaded colleagues on his appeals court, for example, to establish a right of terminally ill adults to physician-assisted suicide. He also spearheaded rulings forbidding states from establishing English as an official language and barring public schools from compelling students to recite the words “under God” in the Pledge of Allegiance. But the Supreme Court rebuffed him each time.

Two years after vacating an opinion by Judge Reinhardt forbidding states from banning same-sex couples from marrying, the Supreme Court adopted just that constitutional rule.

Q: Can you give us a layman’s explanation of the Ninth Circuit and tell us why it’s important?

Mr. Fisher: The Ninth Circuit is the largest of the 12 regional federal courts of appeals. It encompasses territory on the West Coast and adjacent states covering roughly one fifth of the U.S. population. Twenty-nine full-time judges sit on the court. Whereas the Supreme Court hears only about 75 cases a year, the Ninth Circuit hears thousands.

Because California and other western states continually innovate everything from the economy to social policy, the Ninth Circuit tends to hear an outsized portion of “big” cases. It is no accident, therefore, that Judge Reinhardt found himself so often on panels asked to resolve cutting edge legal issues.

Q: Who decides who will replace Judge Reinhardt — and how does it happen?

Mr. Matz: Federal judges are nominated by the president and must be confirmed by the Senate. Although presidents have traditionally consulted with home-state senators, President Trump and the G.O.P.-controlled Senate have largely abandoned that practice. Instead, they have moved at an aggressive pace to confirm deeply conservative judges.

There are several vacancies on the Ninth Circuit, now including Judge Reinhardt’s seat. We can expect that over the next year, or less, President Trump will nominate judges to fill most of those positions. However, at this point it is impossible to predict who he will nominate to replace Judge Reinhardt.

(Please note: We regularly highlight articles on news sites that have limited access for nonsubscribers.)

• President Trump unleashed a series of fiery tweets in which he vowed “NO MORE DACA DEAL.” [The New York Times]

• Mr. Trump has also criticized Gov. Jerry Brown for pardoning five ex-convicts facing possible deportation. [The New York Times]

• Stephon Clark, the unarmed black man who was fatally shot by Sacramento police officers, was struck eight times, mostly in his back, according to an independent autopsy. [The New York Times]

• Protests related to the shooting have continued. And over the weekend, an activist was struck and injured by a Sheriff’s Department vehicle. [The New York Times]

• California Highway Patrol officials say the cliff crash that killed a family may have been intentional. Information pulled from the vehicle shows it accelerated straight off the cliff. [The Associated Press]

• On Super Bowl Sunday, Anthony Weber, a mixed race 16-year-old, was fatally shot by a Los Angeles County Sheriff’s deputy. Policing has come a long way in L.A., but to many, Anthony’s death shows how much still needs to change. [The New York Times]

• As commercial bail has grown into a $2 billion industry, bond agents have become the payday lenders of the criminal justice world. California’s bail laws have strong consumer protections, but nonetheless, regulators have repeatedly asked lawmakers for more money to police the industry. [The New York Times]

• After more than a year of intense criticism following the deadly Ghost Ship fire, the Oakland Fire Marshal has resigned. [East Bay Times]

• When Orange County officials said they were considering putting emergency homeless shelters in Irvine, the opposition there was fierce. And many of the loudest voices were Asian. [The Los Angeles Times]

• In a leaked memo, a top Facebook executive defended the idea that even if the social network is helping terrorists organize an attack, it is still doing “*de facto* good.” Employees are outraged. [The New York Times]

• Calls to boycott Silicon Valley tech giants like Facebook have increased. The problem is that pulling off a boycott isn’t easy. [The New York Times]

• Tesla’s semiautonomous driving system is coming under scrutiny after the company disclosed that a fatal crash in California occurred while Autopilot was engaged. [The New York Times]

• A growing percentage of Bay Area people are “over-housed.” Could a tax incentive persuade empty nesters to downsize and put a dent in the housing shortage? [The San Francisco Chronicle]

• Architects have unveiled the initial design for the Wilshire Boulevard Temple’s community event space, the Audrey Irmas Pavilion. [The New York Times]

• In Shohei Ohtani’s regular season pitching debut, he threw six innings and allowed just three runs, propelling the Angels to a victory. [The Orange County Register]

• Less than five weeks after declaring her candidacy for a California congressional seat, the actress Stacey Dash announced that she was withdrawing. [The New York Times]

• The Compton Cowboys — yes, you read that right — are on a mission to combat negative stereotypes about African-Americans and the city through horseback riding. [The New York Times]

• Steven Bochco, a celebrated television writer and producer of shows like “L.A. Law,” died in the Pacific Palisades neighborhood of Los Angeles. He was 74. [The New York Times]

• The California Department of Water Resources will conduct its fourth scheduled snow survey of the year on Monday.

• Both the San Francisco International Film Festival and the Beverly Hills Film Festival open on Wednesday.

• The Redwood Coast Jazz Festival begins in Eureka on Thursday.

• Governor Brown celebrates his 80th birthday on Saturday.

On a Saturday in December, Micheal Brown logged on to Stanford’s admissions portal to check for an early decision.

He took one look at the screen — and screamed. (You can see the heartwarming video of his reaction here.)

Stanford, though, would prove to be just the first of 20 highly selective colleges he’d get into. In fact, Mr. Brown, a Houston high school senior, was admitted to every school to which he applied — and they all offered him a full ride.

Yes, it took a 4.68 grade point average and an SAT score of 1540. But Mr. Brown also credits his involvement in guidance programs such as the University of Southern California’s Bovard Scholars program.

Where will he wind up? Stanford remains at the top of his list, but he said six other schools are on that list now, too.

[See our full story on Mr. Brown here.]

California Today goes live at 6 a.m. Pacific time weekdays. Tell us what you want to see: CAtoday@nytimes.com.

California Today is edited by Julie Bloom, who grew up in Los Angeles and graduated from U.C. Berkeley.