Frank Easterbrook

Frank Easterbrook

Nonpartisan

United States Court of Appeals for the 7th Circuit

Tenure

1985 - Present

Years in position

40

Education

Bachelor's

Swarthmore College, 1970

Law

University of Chicago Law School, 1973

Personal

Birthplace

Buffalo, N.Y.

Frank Hoover Easterbrook is a federal judge on the United States Court of Appeals for the 7th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan to a new seat created by statute (98 Stat. 333). He served as chief judge of the court from 2006 to 2013. In addition, Easterbrook is a senior lecturer of law at the University of Chicago Law School.

Education

Easterbrook graduated from Swarthmore College with his bachelor's degree in 1970. Easterbrook graduated with high honors and was Phi Beta Kappa at Swarthmore. He earned his J.D., Order of the Coif, from the University of Chicago Law School in 1973. During a period of his legal studies, he served as editor of the law review.

Professional career

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

Judicial career

7th Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name:
Court: United States Court of Appeals for the 7th Circuit
Progress
Confirmed 245 days after nomination.
ANominated: August 1, 1984
AABA Rating:
Questionnaire:
AHearing: September 5, 1984
QFRs: (Hover over QFRs to read more)
AReported: April 3, 1985 September 28, 1984
AConfirmed: April 3, 1985
AVote: Voice vote
AReturned: October 18, 1984

Easterbrook was first nominated to the United States Court of Appeals for the 7th Circuit by President Ronald Reagan on August 1, 1984, to a new seat created by 98 Stat. 333. Hearings on Easterbrook's nomination were held before the United States Senate Committee on the Judiciary on September 5, 1984, and Easterbrook's nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on September 28, 1984. Under Rule XXXI, paragraph 6 of the standing rules of the Senate, Easterbrook's nomination was returned to President Reagan on October 18, 1984. Easterbrook's nomination was resubmitted on February 25, 1985, and was reported by Sen. Thurmond on April 3, 1985; that same day, the Senate confirmed Easterbook on a voice vote. Easterbrook received his commission on April 4, 1985. Easterbrook served as chief judge of the court from 2006 to 2013.

Noteworthy cases

Hal Turner threatens fed. judges (2009)

See also: United States District Court for the Northern District of Illinois (United States, v. Harold Turner, 1:09-cr-00542)

Judge Easterbrook faced a death threat from a blogger in New Jersey after his ruling in National Rifle Ass'n of Amer., Inc. v. City of Chicago, 567 F.3d 856, 857 (7th Cir. 2009). The death threat happened after Easterbrook, along with judges Richard Posner and William Bauer unanimously upheld a ban on handguns in the City of Chicago. The judges ruled that the Second Amendment does not preempt Chicago's handgun ban.

Hal Turner, a popular blogger, wrote of his outrage over the decision, suggesting that the judges should be killed and that he would provide information about their home addresses. Initially, Turner was charged in a case where the judges did not participate; in December 2009 that case was declared a mistrial after the jury was deadlocked.

On March 2, 2010, Judge 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.

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

In August 2010, Turner was convicted in his second trial, and sentenced to 33 months in prison. He appealed, claiming again that he had engaged in political speech protected by the First Amendment. The Second Circuit upheld the conviction, saying that while Turner had a constitutionally protected right to criticize courts, he had no such right, and it is against the law, to threaten the lives of judges with intent. Turner argued that his statements were 'political hyperbole', but this argument was rejected.

John Doe investigations

See also: John Doe investigations related to Scott Walker

Two John Doe investigations, beginning in 2010 and ending in 2015, were launched by Milwaukee County District Attorney John Chisholm (D) into the activities of staff and associates of Gov. Scott Walker (R). On February 10, 2014, Eric O'Keefe, a target in the second investigation, filed a federal lawsuit stating that the investigation was used as an instrument to shut down conservative speech and therefore violated the targets' First Amendment rights. The suit was filed with the U.S. District Court for the Eastern District of Wisconsin. Prosecutors subsequently filed an appeal with the Seventh Circuit U.S. Court of Appeals.

During arguments, Seventh Circuit Judge Frank Easterbrook questioned the constitutionality of the secrecy orders, stating they were “screaming with unconstitutionality.” On September 24, the Seventh Circuit reversed the injunction order and dismissed the lawsuit, based on the concern that it constituted federal interference in a state case.

See also

• United States Court of Appeals for the 7th Circuit

External links

• Judge Easterbrook's biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by -	United States Court of Appeals for the 7th Circuit 1985-Present	Succeeded by -