Mary Schroeder

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Mary Schroeder
Image of Mary Schroeder

Nonpartisan

United States Court of Appeals for the 9th Circuit (senior status)
Tenure

2011 - Present

Years in position

12

Prior offices
United States Court of Appeals for the 9th Circuit

Education

Bachelor's

Swarthmore College, 1962

Law

University of Chicago Law School, 1965

Personal
Birthplace
Boulder, Colo.

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Mary Murphy Schroeder is a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. She joined the court in 1979 after being nominated by President Jimmy Carter. She was chief judge of the circuit court from 2000 to 2007. Schroeder assumed senior status on December 31, 2011.[1]

Early life and education

A native of Boulder, Colorado, Schroeder graduated from Swarthmore College with her bachelor's degree in 1962, and earned her J.D. from the University of Chicago Law School in 1965.[1]

Professional career

Judicial career

Ninth Circuit Court of Appeals

Schroeder was nominated to the United States Court of Appeals for the 9th Circuit by Jimmy Carter on May 3, 1979, to a new seat created by 92 Stat. 1629. Schroeder was confirmed by the U.S. Senate on September 25, 1979, and she received her commission on September 26, 1979. Schroeder served as the chief judge of the court from 2000 to 2007. Schroeder assumed senior status on December 31, 2011. She was succeeded in her position by Judge Andrew Hurwitz.[1]

Noteworthy cases

Dismissal of jurors over sexual orientation is barred (2014)
See also: United States Court of Appeals for the 9th Circuit (GlaxoSmithKline v. Abbott Laboratories, 11-17357)

On January 21, 2014, a three-judge panel of the Ninth Circuit, comprised of Judges Stephen Reinhardt, Marsha Berzon, and Senior Judge Schroeder, ruled that peremptory strikes made by attorneys during jury selection may not be based on a juror's sexual orientation. In the underlying suit, an antitrust dispute between drug companies GlaxoSmithKline (GSK) and Abbott Laboratories (Abbott) over the pricing of HIV medication, on appeal from a decision previously made by Chief Judge Claudia Wilken of the Northern District of California, an attorney for Abbott used a peremptory strike to bar a gay man's service on the jury, seemingly due only to his sexual orientation. GSK's attorney raised a Batson challenge, meaning opposing counsel needed to provide a nondiscriminatory reason for the requested juror strike. Before this case, Batson challenges had only applied to race and gender. Wilken allowed Abbott's strike to stand, and after a jury verdict was issued, GSK appealed, claiming that a new trial was warranted due to Abbott's unconstitutionally permitted peremptory strike based on sexual orientation. Writing for the majority of the three-judge panel, Reinhardt concluded that Batson was applicable, because "permitting a strike based on sexual orientation would send the false message that gays and lesbians could not be trusted to reason fairly on issues of great import to the community or the nation." He further commented that "[t]o allow peremptory strikes because of assumptions based on sexual orientation is to revoke this civic responsibility, demeaning the dignity of the individual and threatening the impartiality of the judicial system."[2][3]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Federal Judicial Center, "Biographical directory of federal judges," accessed June 24, 2016
  2. ↑ New York Times, "Sexual Orientation Is No Basis for Jury Exclusion, a Federal Appeals Court Rules," January 21, 2014
  3. ↑ SF Weekly, "Ninth Circuit Orders New HIV Drug Pricing Trial After Gay Juror Ousted," January 21, 2014
Political offices
Preceded by:
NA - new seat
92 Stat. 1629 		Ninth Circuit Court of Appeals
1979–2011 		Succeeded by:
Andrew Hurwitz




Arizona courts

Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Arizona • U.S. Bankruptcy Court: District of Arizona

State courts:

Arizona Supreme Court • Arizona Court of Appeals • Arizona Superior Court • Arizona Justice Courts • Arizona Municipal Courts

State resources:

Courts in Arizona • Arizona judicial elections • Judicial selection in Arizona

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