Gerard Lynch

Gerard Lynch
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Current Court Information:
United States Court of Appeals for the Second Circuit
Title:	Judge
Position:	Seat #8
Station:	New York
Service:
Appointed by:	Barack Obama
Approval vote:	94-3
Active:	9/17/2009 - Present
Preceded by:	Chester Straub
Past post:	Southern District of New York
Past term:	2000-2009
Past position:	Seat #4T
Personal History
Born:	1951
Home State:	Brooklyn, NY
Undergraduate:	Columbia, B.A., 1972
Law School:	Columbia Law, J.D., 1975

Gerard E. Lynch (b. 1951) is a federal judge for the United States Court of Appeals for the Second Circuit. He is the first federal circuit court judge nominated by President Obama to be confirmed. He joined the court in 2009. Prior to his confirmation, Lynch served as a judge on the Southern District of New York. He joined the district court in 2000 after an appointment from Bill Clinton. At the time of his appointment, he was a private practice attorney in New York City.

Early life and education

Born in Brooklyn, NY in 1951 Judge Lynch earned his B.S. from Columbia-New York in 1972 and his J.D. from Columbia-New York Law in 1975.

Professional career

• Law clerk, Hon. Wilfred Feinberg, U.S. Court of Appeals, Second Circuit, 1975-1976
• Law clerk, Justice William Brennan, Supreme Court of the United States, 1976-1977
• Professor, Columbia University School of Law, 1977-2000
• Vice dean, Columbia University School of Law, 1992-1997
• Assistant U.S. attorney, U.S. Attorney's Office, Southern District of New York, 1980-1983
• Associate counsel, Office of Independent Counsel (Iran/Contra), 1988-1990
• Chief, Criminal Division, U.S. Attorney's Office, Southern District of New York, 1990-1992
• Private practice, New York City, 1992-2000

Judicial career

Second Circuit Court of Appeals

Lynch was nominated by President Barack Obama for a judgeship in the Second Circuit Court of Appeals on April 2, 2009. Lynch was nominated for the seat made vacant when Chester Straub went on senior status. Lynch received a rating of "Unanimously Well Qualified" from the American Bar Association.

Lynch had a hearing before the Senate Judiciary Committee on May 12, 2009. The Committee voted to forward his nomination to the full Senate on June 11, 2009, and his nomination was confirmed on September 17, 2009. You can find Lynch's Public Questionnaire available here and his Questions for the Record available here.

Lynch was confirmed by the Senate with a 94 - 3 vote on September 17, 2009.

Southern District of New York

On the recommendation of U.S. Senator Daniel Patrick Moynihan, Lynch was nominated to the United States District Court for the Southern District of New York by Bill Clinton on on February 28, 2000 to a seat vacated by John Sprizzo. Lynch was confirmed by the Senate on on May 24, 2000 on a super majority 63-36-1 vote and received commission on on May 25, 2000.. Lynch was succeeded in this position by Paul A. Engelmayer.

Notable cases

NY City smoking deterrent posters

United States Court of Appeals for the Second Circuit      *94th St. Grocery v. N.Y.C. Bd. of Health 11-91-cv

On July 10, 2012, the United States Court of Appeals for the Second Circuit affirmed the decision of Manhattan Federal Judge Jed Rakoff, ruling that federal regulations preempted a city ordinance that required cigarette distributors to post gruesome photos of cigarette related illnesses at the point of sale. The court held that the 1965 Federal Cigarette Labeling and Advertising Act preempted the local law, thus rendering the local ordinance unconstitutional. Philip Morris USA alongside 2 other manufacturers, 2 major retailers and 2 trade unions challenged this city law in federal court last year. Despite admitting the risks of smoking, Rakoff agreed with the cigarette producers, stating in his opinion, "Even merchants of morbidity are entitled to the full protection of the law." The Second Circuit concurred, though they believed that the city could launch its own anti-smoking campaign using the images, but could not require retailers to do it. The case was heard by Judges Peter Hall, Gerard Lynch, and Denny Chin, with Chin writing the opinion of the court.

Lil' Kim Perjury Trial

Southern District of New York
Lynch presided over the perjury trial of rap artist Lil' Kim in 2005. He sentenced her to a year and a day in jail.

Town meeting prayer case

United States Court of Appeals for the Second Circuit      *Galloway and Stephens v. Town of Greece, et al 10-3635-cv

The 100,000 resident town of Greece, NY, has violated a constitutional ban against favoring one religion over another, the Second Circuit Court of Appeals has ruled in what is being deemed a significant test to the constitutionally mandated separation of church and state. The decision, issued on the May 17, 2012, stated that by opening nearly every monthly town meeting with Christian-centric prayers, the town was favoring Christianity over other religions. The meetings in question took place every month between 1999 and 2007, and from January 2009 to June 2010 in the suburb of Rochester, NY. Who was to deliver the invocation was decided each month by a town employee who chose clerics or lay people from a local published guide of churches that did not include any places of worship outside of the Christian denomination. After complaints from two town residents, four of the 12 meetings in 2008 were opened by invocations from other faiths. The suit first brought in 2010, was originally decided in favor of the city of Greece. The lower court ruled that there was no indication that one faith was favored over another, or that the town purposely excluded other faiths. The decision was overturned by the Second Circuit Court of Appeals, ruling that "the town's process for selecting prayer-givers virtually ensured a Christian viewpoint.” According to the town’s lawyer, the town is currently considering its legal options including an appeal to the United States Supreme Court.

Hiram Monserrate case

United States Court of Appeals for the Second Circuit      *Monserrate v. New York State Senate 599 F. 3d 148

District Judge William Pauley denied a request by former New York State Senator Hiram Monserrate to stop a decision made by the New York Senate to expel him on February 9, 2010. Monserrate was expelled after being convicted of domestic violence towards his girlfriend which is considered a misdemeanor. The case was appealed to the Second Circuit Court of Appeals, but the appellate court judges, Gerard Lynch, Dennis Jacobs, and Jane Restani, ruled that the district court "did not abuse its discretion in determining that the Monserrate Appellants failed to establish a likelihood of success on the merits of any of the claims they press on appeal. We thus need not reach any of the other arguments advanced by the parties. For the foregoing reasons, we affirm the district court's denial of the preliminary injunction."

See also

• United States Court of Appeals for the Second Circuit

External links

• Lynch Biography from the Federal Judicial Center
• Judge Lynch's Nomination Questionnaire from the Senate Judiciary Committee
• Rulings of special interest, Southern District of New York
• Wall Street Journal Law Blog, "Here Come the Judges: Obama Nominates Two for Appellate Bench", April 2, 2009
• List of Article III judges of the Southern District of New York
• The Robing Room- Rate Judge Lynch

References

Federal judicial offices
Preceded by: John Sprizzo	Southern District of New York 2000–2009	Succeeded by: Paul A. Engelmayer
Preceded by: Chester Straub	Second Circuit 2009–present Seat #8	Succeeded by: NA