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Misconduct Report: November 2014

Michael McShane

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Michael McShane
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Current Court Information:
United States District Court for the District of Oregon
Title:   Judge
Service:
Appointed by:   Barack Obama
Active:   5/20/2013-Present
Preceded by:   Michael Hogan
Past post:   Multnomah County Circuit Court, Oregon
Past term:   2001-Present
Personal History
Born:   1961
Hometown:   Pittsburgh, PA
Undergraduate:   Gonzaga U., 1983
Law School:   Lewis and Clark College Law, 1988
Michael McShane is a federal judge for the United States District Court for the District of Oregon. He joined the court in 2013 after a nomination from President Barack Obama. At the time of nomination, he was a judge on the Multnomah County Circuit Court in Oregon.[1][2]

Early life and education

McShane attended Gonzaga University, earning his B.A., cum laude, in 1983. He went on to earn his J.D. in 1988 from Northwestern School of Law at Lewis and Clark College.[3]

Professional career

Judicial career

District of Oregon

Nomination Tracker
 Candidate:Michael McShane
 Court:District of Oregon
 Progress:Confirmed 243 days after nomination.
ApprovedANominated:September 19, 2012
ApprovedAABA Rating:Majority Qualified, Minority Well Qualified
ApprovedAQuestionnaire:Questionnaire
ApprovedAHearing:February 13, 2013
ApprovedAQFRs:QFRs
ApprovedAReported:March 7, 2013 
ApprovedAConfirmed:May 20, 2013
 Vote: Voice vote

McShane was nominated on September 19, 2012, by Barack Obama to a seat on the United States District Court for the District of Oregon vacated by Michael Hogan.[1] Obama commented on the nomination:

I am honored to put forward these highly qualified candidates for the federal bench. They will be distinguished public servants and valuable additions to the United States District Court.[3][4]

McShane's nomination was returned to the president on January 3, 2013. The nomination was resubmitted on January 4, 2013.[5]

McShane was rated Majority Qualified, Minority Well Qualified by the American Bar Association. He had a hearing before the Senate Judiciary Committee on February 13, 2013, and you can find his Committee Questionnaire available here and his Questions for the Record available here.[5]

On May 20, 2013, the United States Senate confirmed Michael McShane to an Article III post for the United States District Court for the District of Oregon with a voice vote.[6][7]

Notable cases

Marriage ban struck down in Oregon (2014)

     United States District Court for the District of Oregon (Geiger v. Kitzhaber, 6:13-cv-01834-MC)

On May 19, 2014, Judge Michael McShane ruled that Oregon's ban on same-sex marriage was unconstitutional. The case involved four couples that sued the state of Oregon to end the ban on same-sex marriage. The state of Oregon opted to not defend the law as both the state's Attorney General, Ellen Rosenblum, and Governor John Kitzhaber believed the law to be unconstitutional.[8] This left the defense of the law to be handled by McShane, an openly gay judge. When the state chose to not defend the law, pro-traditional marriage group the National Organization for Marriage (NOM) attempted to join the case in its defense. The National Organization for Marriage's cause for joining the case involved interests of members of their organization and questions about the impartiality of Judge McShane.[9] McShane dismissed their request to join stating that he hasn't contributed to the promotion of the same-sex cause in a way that would affect his impartiality and that NOM admitted to having less than 100 members in the state.[10]

In the ruling Judge Michael McShane quoted the Fourteenth Amendment:

The Constitution commands that no state may "deny to any person ... the equal protection of the laws."[11][4]
McShane's ruling allowed same-sex marriages to be recognized and be performed in the state of Oregon. The Ninth Circuit Court of Appeals denied the National Organization for Marriage's request to block McShane's ruling.[12]

See also

External links

References

Federal judicial offices
Preceded by:
Michael Hogan
District of Oregon
2013–Present
Succeeded by:
NA


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