Guido Calabresi

Guido Calabresi

Nonpartisan

United States Court of Appeals for the 2nd Circuit (senior status)

Tenure

2009 - Present

Years in position

15

Prior offices

United States Court of Appeals for the 2nd Circuit

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Education

Bachelor's

Yale University, 1953

Law

Yale Law School, 1958

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Guido Calbresi is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. He joined the court in 1994 after being nominated by President Bill Clinton. At the time of his appointment, Calabresi was a professor and dean of Yale Law School. Calabresi assumed senior status on July 21, 2009, and was succeeded in his position by Christopher Droney.

Early life and education

Calabresi earned a B.S. from Yale University in 1953, and a B.A. from the Magdalen College at Oxford University in 1955. He earned his LL.B. from Yale Law School in 1958.

Professional career

• 1959-1994: Yale Law School

1985-1994: Dean, Yale Law School

1959-1994: Professor, Yale Law School

• 1971-1975: Town selectman, Woodbridge, Connecticut
• 1958-1959: Law clerk, Hon. Hugo Black, Supreme Court of the United States

Judicial career

2nd Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: Guido Calabresi
Court: United States Court of Appeals for the 2nd Circuit
Progress
Confirmed 159 days after nomination.
ANominated: February 9, 1994
AABA Rating: Majority Well Qualified, Minority Qualified
Questionnaire:
AHearing: June 29, 1994
QFRs: (Hover over QFRs to read more)
AReported: July 15, 1994
AConfirmed: July 18, 1994
AVote: Voice vote

Calabresi was nominated by President Bill Clinton on February 9, 1994, to a seat vacated by Thomas Meskill as Meskill assumed senior status. The American Bar Association rated Calabresi Majority Well Qualified, Minority Qualified for the nomination. Hearings on Calabresi's nomination were held before the United States Senate Committee on the Judiciary on June 29, 1994, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on July 15, 1994. Calabresi was confirmed by a voice vote of the U.S. Senate, and he received his commission on July 21, 1994. Calabresi assumed senior status on July 21, 2009. He was succeeded in this position by Christopher Droney.

Noteworthy cases

Apple's challenge to e-book antitrust monitor (2014)

See also: United States Court of Appeals for the 2nd Circuit (U.S. v. Apple, Inc., 1:12-cv-02826-DLC)

On January 21, 2014, Judge Raymond Joseph Lohier, Jr. granted a temporary stay as to the work performed by Michael Bromwich, the court-appointed monitor in the Apple e-book antitrust case. The stay was to remain in effect until a three-judge panel of the Second Circuit was available to decide whether Bromwich should be removed as monitor. In the underlying case, Judge Denise Cote found in July 2013 that Apple conspired with online publishers to fix the prices of e-books. She appointed Bromwich to oversee and monitor the company’s compliance with federal antitrust laws in October 2013. In an earlier motion filed by Apple, the company claimed that Cote’s appointment of a monitor in a civil antitrust case was unprecedented. Attorneys for Apple contested Bromwich’s hourly fee of $1,100, alleging that because of the “extremely broad powers” Cote conferred upon him, he was able to overreach in his investigations such that they bordered on interfering with the company’s daily operations. Cote denied Apple’s request to remove Bromwich as monitor just days before Lohier issued the temporary stay. In his ruling, Lohier noted that Apple’s request for Bromwich’s permanent ouster would be heard “as soon as possible” by an appellate panel. Lohier's order is available here.

Update

On February 10, 2014, a three-judge panel of the Second Circuit composed of Judge Gerard Lynch and Senior Judges Pierre Leval and Guido Calabresi rejected Judge Lohier's stay and restored Michael Bromwich's ability to perform his duties as Apple's e-book antitrust monitor, with the understanding that Apple may pursue a further appeal to remove Bromwich from his position. In the order, the judicial panel noted that according to the government, Judge Cote's initial order was to be "interpreted narrowly." As a result, Lynch, Leval, and Calabresi agreed that as antitrust monitor, Bromwich was only to "assess the appropriateness of the compliance programs adopted by Apple and the means used to communicate those those programs to its personnel." The Second Circuit panel went on to limit Bromwich's authority, empowering him to "demand only documents relevant to his authorized responsibility . . . and to interview Apple directors, officers and employees only on subjects relevant to that responsibility."

Town meeting prayer case (2012)

See also: United States Court of Appeals for the 2nd Circuit (Galloway and Stephens v. Town of Greece, et al, 10-3635-cv)

The Second Circuit Court of Appeals ruled that the City of Greece, New York, violated a constitutional ban against favoring one religion over another. 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, New York. Who was to deliver the invocation was decided each month by a town employee who chose clerics or laypeople 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, which ruled that "the town's process for selecting prayer-givers virtually ensured a Christian viewpoint". The case was appealed to the Supreme Court of the United States in 2013.

In a 5-4 opinion released on May 5, 2014, the Supreme Court reversed the Second Circuit’s ruling, holding that "The town's practice of opening its town board meetings with a prayer offered by members of the clergy does not violate the Establishment Clause when the practice is consistent with the tradition long followed by Congress and state legislatures, the town does not discriminate against minority faiths in determining who may offer a prayer, and the prayer does not coerce participation with non-adherents."

See also

• United States Court of Appeals for the 2nd Circuit

External links

• Judge Calabresi's biography from the Second Circuit's website
• Judge Calabresi's biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by: Thomas Meskill	Second Circuit 1994–2009 Seat #3	Succeeded by: Christopher Droney