Richard Cudahy

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Richard Cudahy
Current Court Information:
United States Court of Appeals for the Seventh Circuit
Title:   Senior Judge
Service:
Appointed by:   Jimmy Carter
Active:   9/26/1979 - 8/15/1994
Senior:   8/15/1994 - Current
Personal History
Born:   1926
Home State:   Milwaukee, WI
Bachelors:   West Point '48
Law School:   Yale Law '55

Contents

Richard Dickson Cudahy (b. 1926) is a federal appeals judge for the United States Court of Appeals for the Seventh Circuit. He joined the court in 1979 after being nominated by President Jimmy Carter.

Early life and education

Born in Milwaukee, Wisconsin, Cudahy graduated from the U.S. Military Academy at West Point in 1948. After graduating from West Point, Cudahy served as a Lieutenant in the U.S. Army Air Corps from 1948 to 1951. Cudahy later obtained his Juris Doctor degree in 1955 from Yale Law.[1]

Legal career

  • U.S. Army Air Corps Lieutenant, 1948-1951
  • Law clerk, Hon. Charles Clark, United States Court of Appeals for the Second Circuit, 1955-1956
  • Assistant to legal advisor, U.S. Department of State, 1956-1957
  • Private practice, Chicago, Illinois, 1957-1960
  • President and C.E.O., Patrick Cudahy, Inc., Cudahy and Milwaukee, Wisconsin, 1961-1971
  • Lecturer, Marquette University Law School, 1961-1966
  • Visiting professor of law, University of Wisconsin, 1966-1967
  • Private practice, Milwaukee, Wisconsin, 1972
  • Member and chairman, Wisconsin Public Service Commission, 1972-1975
  • Private practice, Washington, DC, 1976-1979
  • Lecturer, George Washington University School of Law, 1976-1979 [1]

Federal judicial career

On the unanimous recommendation of Senators Gaylord Nelson and William Proxmire, Cudahy was nominated to the United States Court of Appeals for the Seventh Circuit by President Jimmy Carter on May 22, 1979 to a new seat created by 92 Stat. 1629, 1632, which was approved by Congress. Cudahy was confirmed by the U.S. Senate on September 25, 1979 and received commission on September 26, 1979. Cudahy assumed senior status on August 15, 1994.[1]

Notable rulings

Zbaraz v. Hartigan

Zbaraz v. Hartigan, USCA, 7th Cir. Nos-08-1620 and 08-1782[2]

Related Relevant Case History

Zbaraz v. Hartigan, 763 F.2d. 1532, (7th Cir., 1985).[3]

Hartigan v. Zbaraz, 484 U.S. 171, (U.S. 1987).[4]

Zbaraz v. Hartigan, USCA, 7th Cir. Nos-08-1620 and 08-1782(7th Cir. 2009).[5]

Judge Cudahy was part of a three judge panel led by Judge John Tinder on July 14, 2009, that removed an injunction against the Illinois Parental Notice of Abortion Act of 1995. [6] The 1995 law required parental notification for abortions in Illinois. After the law was passed, it was never enforced due to an injunction filed that prevented enforcement[6].

Under the law, parents must be notified 48 hours before a girl age seventeen or younger obtains an abortion in Illinois. However, the law does not require parental consent for abortions. The law also contains a provision for a girl to bypass the parental notification requirement by notifying a judge. [7]

After the law was passed in 1995, a group of Illinois doctors demanded to Attorney General Jim Ryan to not enforce the law over complaints over the judicial bypass provision in the law. Both sides agreed to a court order which placed an injunction on enforcement of the law. It was not until 2006, when the Illinois Supreme Court allowed for enforcement of the law, but the State of Illinois was required to file a lawsuit in federal court to lift the injunction. [7]

A lawsuit was filed in March of 2007, when Illinois Attorney General Lisa Madigan petitioned federal judge David Coar to lift the injunction on the law. [7] Judge Coar denied Attorney General Madigan's petition to lift the injunction. After Judge Coar denied the petition, the Thomas More Society and the Illinois Catholic Conference filed an appeal to the Seventh Circuit.

The three judge panel wrote in favor of the judicial bypass provision stating: "that the law is constitutional on its face under the relevant criteria for consent statutes, and therefore, it satisfies any criteria that are required for bypass provisions in notice statutes.” [7]

Judge Cudahy and Judge Tinder were joined on the three judge panel with Judge Michael Kanne [7].

References

Federal judicial offices
Preceded by:
NA - new seat
Seventh Circuit Court of Appeals
1979–present
Succeeded by:
Terence Evans
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