Frank Easterbrook

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Frank Easterbrook
Current Court Information:
United States Court of Appeals for the Seventh Circuit
Title:   Chief Justice
Station:   Chicago, IL
Service:
Appointed by:   Ronald Reagan
Active:   4/4/1985 - Current
Chief:   2006 - Current
Personal History
Born:   1948
Home State:   Buffalo, NY
Bachelors:   Swarthmore College '70
Law School:   U. of Chicago Law '73

Contents

Frank Hoover Easterbrook (b. 1948) is a federal appeals judge for the United States Court of Appeals for the Seventh Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan. Easterbrook is the Chief Judge of the Court serving as the Court's highest administrative officer in conjunction with the Clerk of Court.

Early life and education

Born in Buffalo, New York, Easterbrook graduated from Swarthmore College with his Bachelor's Degree in 1970 and from the University of Chicago Law with his Juris Doctor degree in 1973.[1]

Legal career

  • Law clerk, Hon. Levin Hicks Campbell, United States Court of Appeals for the First Circuit, 1973-1974
  • Assistant to the U.S. solicitor general, U.S. Dept. of Justice, 1974-1977
  • Deputy U.S. solicitor general, U.S. Department of Justice, 1978-1979
  • Principal employee, Lexecon, Inc., Chicago, Illinois, 1980-1985
  • Assistant professor of law, University of Chicago, 1978-1981
  • Professor of law, University of Chicago, 1981-1985 [1]

Federal judicial career

On the recommendation of Congressman Henry Hyde, Easterbrook was nominated to the United States Court of Appeals for the Seventh Circuit by President Ronald Reagan on February 25, 1985 to a new seat created by 98 Stat. 333, 346, which was approved by Congress. Easterbrook was confirmed by the U.S. Senate on April 3, 1985 and received commission on April 4, 1985. Easterbrook has served as Chief Judge of the Court since 2006.[1]

Threat after gun case

McDonald v. Chicago

In 2009 judge Easterbrook was threatened by a New Jersey blogger. The threat happened after Easterbrook and two other Seventh Circuit judges upheld a gun ban in Chicago and Oak Park. Blogger Hal Turner wrote of his outrage over the decision, suggesting that the judges should be killed and that he would provide information about their home addresses. Turner now faces charges of threatening a federal judge. [2]

Incidents of this nature are prompting various legislative and non-legislative actions to increase the security of federal judges.

On March 2, 2010, Judge Easterbrook testified in the second trial of Hal Turner. Easterbrook, along with fellow Seventh Circuit judges Richard Posner and William Bauer, were called to testify in the Eastern District of New York. The trial was moved to New York over security issues[3].

When asked by the prosecuting attorney if the Supreme Court overturned his ruling on McDonald v. Chicago and whether Turner could be correct on his statement, Judge Easterbrook responded: "This blog post says any judge who decides a case incorrectly who should be assassinated. That is not the way the system works"[3].

Judge Turner was not called as a witness in the first trial[3].

Notable rulings

First Amendment

Callahan v. Fermon: Constitutional Law--First Amendment--Labor Matters[4]

Samuelson v. LaPorte Community School Corp.[5] Constitutional Law--First Amendment--Communications

Due Process

Worlds v. Spiegla[6] Due Process--Prisons

Kinslow v. Pullara[7] Due Process--Jurisdiction

Criminal Justice

Pettigrew v. Raemisch[8] Criminal Justice--Parole

Evans v. Thurmer[9] Criminal Justice--Parole

Pettigrew v. Raemisch[10] Criminal Justice--Imprisonment

Worlds v. Spiegla[11] Criminal Justice--Imprisonment

Keller v. Donahue[12] Criminal Justice--Imprisonment

U.S. v. Williams[13] Criminal Justice--Evidence

U.S. v. Banks[14] Criminal Justice--Discovery

Separation of Powers

U.S. v. Ellis[15] Seperation of Powers--Delegation of Judicial Powers

U.S. v. Dimitrov[16] Seperation of Powers--Delegation of Legislative Powers Powers

Commerce Clause

U.S. v. Jenkins[17] Commerce Clause

Baude v. Heath[18] Commerce Clause--State Power

Welfare and Transfer Payments

Consolidation Coal Co. v. Director, Office of Workers' Compensation Programs[19]Welfare and Transfer Payments--Social Security Benefits

Berger v. Astrue[20]Welfare and Transfer Payments--Social Security/Disability Benefits

Government Contracts

U.S. v. Rogan[21]Government Contracts--False Claims Act

Money

U.S. v. Alldredge[22]Government--Money--Counterfiting

Immunity

Blagojevich v. Gates[23]Government--Immunity

Contracts

IFC Credit Corp.v. United Business & Indus. Federal Credit Union[24]Commercial Law--Contracts--Forum Selection Clauses

Mia v. Potter[25]Commercial Law--Contracts--Modification

RB&W Mfg. LLC v. Buford[26]Commercial Law--Contracts--Novation

Consumer Protection

Mia v. Potter[27]Commercial Law--Contracts--Modification

Corporations

Judson Atkinson Candies, Inc. v. Latini-Hohberger Dhimantec[28]Business Organizations--Piercing the Corporate Veil

Partnerships

Cemco Investors, LLC v. U.S.[29]Business Organizations--Partnerships--Mutual Rights and Duties of Partners and Third Parties

Personal Injury

Windy City Metal Fabricators & Supply, Inc. v. CIT Technical Financing Services, Inc.[30]Personal Injury--Consumer Protection

U.S. v. Caputo[31]Personal Injury--Consumer Protection

Emotional Distress

Casey-Beich v. United Parcel Service, Inc.[32]Personal Injury--Consumer Protection

Products Liability

Atlantic Mut. Ins. Co. v. Jardis Industries, Inc.[33]Products Liability

References

  1. ↑ 1.0 1.1 1.2 Judge Frank Easterbrook FJC Bio
  2. ↑ Chicago Sun-Times "Fresh fears for judges", July 13, 2009
  3. ↑ 3.0 3.1 3.2 New York Times "3 U.S. Judges Testify in a Death Threat Case", March 3, 2010
  4. ↑ 526 F.3d 1040
  5. ↑ 526 F.3d 1046
  6. ↑ Fed.Appx. 625
  7. ↑ 538 F.3d 687
  8. ↑ 2008 WL 4466795
  9. ↑ 278 Fed.Appx. 679
  10. ↑ 2008 WL 4466795
  11. ↑ 277 Fed.Appx. 625
  12. ↑ 271 Fed.Appx. 531
  13. ↑ 522 F.3d 809
  14. ↑ 546 F.3d 507
  15. ↑ 522 F.3d 737
  16. ↑ 546 F.3d 409
  17. ↑ 2008 WL 5102524
  18. ↑ 538 F.3d 608
  19. ↑ 521 F.3d 723
  20. ↑ 516 F.3d 539
  21. ↑ 517 F.3d 449
  22. ↑ 2008 WL 5382638
  23. ↑ 519 F.3d 370
  24. ↑ 512 F.3d 989
  25. ↑ 282 Fed.Appx. 478
  26. ↑ 263 Fed.Appx. 486
  27. ↑ 282 Fed.Appx. 478
  28. ↑ 529 F.3d 371
  29. ↑ 515 F.3d 749
  30. ↑ 536 F.3d 663
  31. ↑ 517 F.3d 935
  32. ↑ 295 Fed.Appx. 92
  33. ↑ 290 Fed.Appx. 940
Federal judicial offices
Preceded by:
NA - new seat 		Seventh Circuit Court of Appeals
1985–present 		Succeeded by:
NA
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