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Daniel Manion

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Daniel Manion
Image of Daniel Manion
United States Court of Appeals for the 7th Circuit (senior status)
Tenure

2007 - Present

Years in position

17

Prior offices
United States Court of Appeals for the 7th Circuit

Education

Bachelor's

University of Notre Dame, 1964

Law

Indiana University, Indianapolis School of Law, 1973

Personal
Birthplace
South Bend, Ind.


Daniel Anthony Manion is a federal judge on senior status with the United States Court of Appeals for the 7th Circuit. He joined the court in 1986 after being nominated by President Ronald Reagan. He assumed senior status on December 18, 2007.[1]

Education

Manion graduated from the University of Notre Dame with his bachelor's degree in 1964, and from Indiana University School of Law - Indianapolis with his J.D. in 1973.[1]

Military service

Manion served on active duty in the U.S. Army from 1965 to 1966.[1]

Professional career

Judicial career

7th Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Daniel Anthony Manion
Court: United States Court of Appeals for the 7th Circuit
Progress
Confirmed 125 days after nomination.
ApprovedANominated: February 21, 1986
DefeatedAABA Rating:
Questionnaire:
ApprovedAHearing: March 12, 1986;
April 30, 1986
QFRs: (Hover over QFRs to read more)
ApprovedAReported: May 9, 1986 
ApprovedAConfirmed: June 26, 1986
ApprovedAVote: 48-46

Manion was nominated by President Ronald Reagan on February 21, 1986, to a seat vacated by Judge Wilbur Pell. Two hearings on Manion's nomination were held before the United States Senate Committee on the Judiciary on March 12, 1986, and April 30, 1986. Manion's nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) On June 26, 1986, the Senate confirmed his nomination by a vote of 48-46, but on the request of U.S. Sen. Robert Byrd (D-W.Va.), with a sufficient second, a motion to reconsider the vote was made. On July 23, 1986, the Senate tied 49-49 on the motion to reconsider. The tie was broken by then Vice President George H.W. Bush. Manion received his commission on July 24, 1986. He assumed senior status on December 18, 2007.[1][2]

Noteworthy cases

Court strikes Indiana abortion law

See also: Seventh Circuit

On April 19, 2018, a panel of the Seventh Circuit ruled that an Indiana law that restricted and regulated abortion was unconstitutional. The law would have made it illegal to perform an abortion if the provider knew the patient was terminating the pregnancy because of a reason listed in the statute, including race or disability. The court referred to that first provision as the non-discrimination provision. Second, it would have required providers to inform women seeking abortions of the non-discrimination provision. Third, it would have instituted "numerous amendments to the provisions dealing with the disposal of aborted fetuses." The court concluded that all three provisions were unconstitutional under the Supreme Court's caselaw on abortion:

The non-discrimination provisions clearly violate well-established Supreme Court precedent holding that a woman may terminate her pregnancy prior to viability, and that the State may not prohibit a woman from exercising that right for any reason. Because the non-discrimination provisions are unconstitutional, so too is the provision that a woman be informed of them. Additionally, the amended fetal disposition provisions violate substantive due process because they have no rational relationship to a legitimate state interest.[3][4]


Judge Daniel Manion concurred in the court's judgment as to the first two provisions but dissented as to the third provision. He would have ruled that the remains provision related to a legitimate state interest and upheld the provision.[3]

Court allows for warrantless entry and seizure (2014)

See also: Seventh Circuit (Krysta Sutterfield v. City of Milwaukee, et. al., No. 12-2272)

In May 2014, the Seventh Circuit found that Milwaukee Police had the authority to enter Krysta Sutterfield's home without a warrant, due to exigent circumstances. The city claimed that Sutterfield posed harm to herself, following a comment made during a doctor's appointment. To that end, police arrived at Sutterfield's home, questioned her, seized firearms from her home, arrested her, then took her for an emergency mental evaluation. Sutterfield, who insisted she was of sound mental health at the time of the incident, sued on the basis of her Second, Fourth, and Fourteenth Amendment rights. The Seventh Circuit agreed that the police officers were protected under qualified immunity, even if Sutterfield's Fourth Amendment rights were violated. This decision affirmed a ruling by Judge Joseph Stadtmueller, of the Eastern District of Wisconsin.[5]

See also

External links

Footnotes

Political offices
Preceded by:
Wilbur Pell
Seventh Circuit Court of Appeals
1986–2007
Succeeded by:
John Tinder