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David Barron

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David Barron
Image of David Barron

Nonpartisan

United States Court of Appeals for the 1st Circuit
Tenure

2014 - Present

Years in position

11

Education

Bachelor's

Harvard College, 1989

Law

Harvard Law School, 1994

Personal
Birthplace
District of Columbia


David Jeremiah Barron is a federal judge on the United States Court of Appeals for the 1st Circuit. He joined the court in 2014 after a nomination from President Barack Obama.[1][2][3] He became chief judge of the court in 2022.[4]

Early life and education

A native of Washington, D.C., Barron earned his bachelor's (1989) and J.D. (1994), both magna cum laude, from Harvard University.[1]

Professional career

  • 2022-present: Chief judge
  • 1999-2014: Harvard Law School
  • 2004-2014: Professor
  • 1999-2004: Assistant professor

Judicial career

First Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: David Barron
Court: United States Court of Appeals for the 1st Circuit
Progress
Confirmed 240 days after nomination.
ApprovedANominated: September 24, 2013
ApprovedAABA Rating: Substantial Majority Well Qualified, Minority Qualified
Questionnaire: Questionnaire
ApprovedAHearing: November 30, 2013
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: January 16, 2014 
ApprovedAConfirmed: May 22, 2014
ApprovedAVote: 53-45


On September 24, 2013, Barron was nominated to the United States Court of Appeals for the 1st Circuit by President Barack Obama. The seat was vacated by Michael Boudin on June 1, 2013. The president said regarding the nomination,

“ David Jeremiah Barron has displayed exceptional dedication to the legal profession through his work, and I am honored to nominate him to serve the American people as a judge on the United States Court of Appeals... He will be a diligent, judicious and esteemed addition to the First Circuit bench.[1][5] ”

The American Bar Association rated Barron Substantial Majority Well Qualified, Minority Qualified for the nomination.[6]

Barron's nomination was returned by the Senate on January 3, 2014, and he was renominated on January 6th by President Obama.[7]

Barron's nomination advanced to the full Senate on January 16, 2014, when the Senate Judiciary Committee voted 10-8 to report the nomination.[8] The Senate confirmed Barron to the United States Court of Appeals for the 1st Circuit on May 22, 2014, by a vote of 53-45, and he received his commission the next day.[2][3]

Reactions to the nomination

Martha Minow, dean of the Harvard Law School, said regarding Barron's nomination,

“ David Barron is a superb lawyer with deep experiences in federal, state, and local government. He will be an outstanding judge as he has great judgment as well as wide expertise. He is such a valued member of our community, but for the greater good, I hope the Senate promptly confirms his nomination.[9][5] ”

Opposition to nomination

The American Civil Liberties Union (ACLU) expressed issues with Barron's nomination in a letter sent to each member of the United States Senate. The issue with Barron's nomination comes from his time at the Office of Legal Counsel Department of Justice where he wrote two legal opinions that authorized the killing of an American overseas with an armed drone.[10] The full letter to the Senators can be found here.

In the days leading up to the confirmation of David Barron, Senators Ted Cruz and Rand Paul spoke out against his nomination:

Noteworthy cases

Court upholds constitutionality of Maine's noise ordinance provision (2017)
See also: First Circuit (Andrew March v. City of Portland, Maine, et al., No. 16-1771)

On August 8, 2017, a three-judge panel of the United States Court of Appeals for the 1st Circuit upheld the constitutionality of a provision of Maine's Civil Rights Act (hereafter, Act). Under the Act, it is a violation to, among other things, make noise in a certain way and for certain reasons. The conduct identified under the Act that may give rise to a violation includes, "intentionally making noise that can be heard within a building and with the further intent either: (1) To jeopardize the health of persons receiving health services within the building; or (2) To interfere with the safe and effective delivery of those services within the building." Andrew March, the plaintiff, is the founder of a church that opposes the practice of abortion and March "makes known his opposition to abortion outside the Planned Parenthood Health Center on Congress Street in Portland, Maine."

March filed a lawsuit in federal district court alleging that the noise provision violated his First Amendment rights of free expression based on the content of his message after March was told by police that he could not continue a protest outside the clinic. In 2016, Judge Nancy Torresen granted March's motion for a preliminary injunction preventing enforcement of the noise provision, holding that the provision was a content-based restriction on free speech in violation of the First Amendment.

Writing for a unanimous three-judge panel of the First Circuit, Judge David Barron reversed the lower court decision. Judge Barron rejected March's argument that provision unconstitutionally restricted the content of one's speech, stating that "the Noise Provision says not a word about the relevance -- if any -- of the content of the noise that a person makes to the determination of whether that person has the requisite disruptive intent. And, given the limitless array of noises that may be made in a disruptive manner, there is no reason to conclude that disruptive intent is necessarily a proxy for a certain category of content. ... In consequence, the restriction, at least on its face, would appear to apply ... to noise on any topic or concerning any idea." Judge Barron went on to note that Maine's asserted interest in protecting patients receiving health services, coupled with the time, place, and manner of regulating speech provided under the noise provision, satisfied the First Amendment.[11]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 White House, "President Obama Nominates David Jeremiah Barron to Serve on the United States Court of Appeals," September 24, 2013
  2. ↑ 2.0 2.1 United States Senate, "On the Nomination (Confirmation David Jeremiah Barron, of Massachusetts, to be U.S. Circuit Judge for the First Circuit," accessed May 22, 2014
  3. ↑ 3.0 3.1 3.2 Federal Judicial Center, "Biographical directory of federal judges," accessed December 24, 2016
  4. ↑ U.S. Court of Appeals for the First Circuit, "David J. Barron," accessed April 15, 2022
  5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. ↑ American Bar Association, "Ratings of Article III judicial nominees 113th Congress," September 25, 2013
  7. ↑ The White House, "Presidential nominations sent to the Senate," January 7, 2014
  8. ↑ U.S. Senate Committee on the Judiciary, "Judicial Nomination Materials: 113th Congress," accessed January 17, 2014
  9. ↑ Harvard Law School, "Barron nominated to U.S. Appeals Court," September 25, 2013
  10. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named aclu
  11. ↑ U.S. Court of Appeals for the First Circuit, "Andrew March v. City of Portland, Maine, et al.," August 8, 2017

Political offices
Preceded by
- 		United States Court of Appeals for the 1st Circuit
2014-Present		 Succeeded by
-


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