Nancy Torresen

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Nancy Torresen
Image of Nancy Torresen

Nonpartisan

United States District Court for the District of Maine
Tenure

2011 - Present

Years in position

13

Education

Bachelor's

Hope College, 1981

Law

University of Michigan Law, 1987

Personal
Birthplace
Ridgewood, N.J.

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Nancy Torresen is a judge of the United States District Court for the District of Maine. She previously served as chief judge from 2015 until 2018. She was nominated to the court by President Barack Obama. She was confirmed by the U.S. Senate on October 3, 2011. Prior to joining the court, Torresen was the Assistant United States Attorney for the District of Maine from 2001 until 2011.[1][2]

On October 1, 2024, Torresen announced that she would assume senior status on October 11, 2025.[3]

Early life and education

Torresen attended Hope College and graduated with an B.A. in 1981. Torresen received a J.D. from University of Michigan Law School in 1987.[4][2]

Professional career

Torresen began her professional career as a law clerk for Judge Conrad Cyr of the District of Maine from 1987 to 1988. She then spent two years in private practice in Washington D.C. for joining the U.S. Attorney's office as an Assistant Attorney in the District of Maine. Torresen spent four years there, before leaving in 1994 for a post as the Assistant Attorney General for State of Maine. She then returned to the District of Maine as an Assistant U.S. Attorney from 2001 until 2011.[2]

Judicial career

District of Maine

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Nancy Torresen
Court: District of Maine
Progress
Confirmed 215 days after nomination.
ApprovedANominated: 3/2/2011
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: 5/4/2011
QFRs: (Hover over QFRs to read more)
DefeatedAReported:  
ApprovedAConfirmed: 10/3/2011

Torresen was nominated by President Obama on March 2, 2011, to fill a seat on the United States District Court for the District of Maine vacated by Judge D. Brock Hornby.[4] Obama said of the nomination, “I am proud to nominate these three outstanding candidates to serve on the United States District Court bench. They all have long and distinguished records of service, and I am confident they will serve on the federal bench with distinction.”[4]

She was rated Unanimously Well Qualified by the American Bar Association and had a hearing before the Senate Judiciary Committee on May 4, 2011. You can find her Committee Questionnaire available here and her Questions for the Record available here.[5]

On October 3, 2011, Torresen was confirmed by the U.S. Senate by a voice vote.[6][7]

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 (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, Chief 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.[8]

Occupy Augusta Protestors Eviction (2011)
See also: United States District Court for the District of Maine (Freeman v. Morris, 11-cv-00452-NT)

In late November 2011, Judge Nancy Torresen brokered a deal that allowed Occupy Augusta protesters to remain in a public park for an additional week.[9] Torresen issued the order on November 28, after protesters said they would face arrest rather than leave Augusta's Capitol Park. Attorney Lynne Williams, acting on behalf of the protesters, had sought a temporary restraining order to prevent police from shutting down the protests. The protesters did not apply for a permit. The lawsuit alleged that requiring protesters to obtain a permit violates their First Amendment rights. A hearing to determine what happens after the week-long reprieve took place on December 5th.[10]

Update

On December 9, 2011, Torresen ruled against the tent city in Augusta, affirming the right of the state to evict the Occupy protesters. While she held that the protesters were protected by the First Amendment, the state was within its rights to place restrictions on the time and place of the protest by requiring a permit. The protesters opted not to appeal the decision or apply for a permit and instead broke down the camp and vacated the premises.[11]

See also

External links

Footnotes

  1. ↑ Bangor Daily News, "First woman sworn in as U.S. District Court judge in Maine," October 11, 2011
  2. ↑ 2.0 2.1 2.2 Biography of Judge Torresen from the Federal Judicial Center
  3. ↑ United States Courts, "Future Judicial Vacancies," accessed October 1, 2024
  4. ↑ 4.0 4.1 4.2 White House Press Release "President Obama Names Three to the United States District Court," March 2, 2011
  5. ↑ Senate Judiciary Committee, "112th Congress Nomination Materials"
  6. ↑ Senate Judiciary Committee, "Report on the Activities of the Senate Judiciary Committee, 112th Congress"
  7. ↑ United States Senate, "United States Periodic Press Gallery"
  8. ↑ U.S. Court of Appeals for the First Circuit, "Andrew March v. City of Portland, Maine, et al.," August 8, 2017
  9. ↑ Portland Press Herald, "Judge lets Occupy Augusta stay another week," November 29, 2011
  10. ↑ Bangor Daily News, "Judge brokers deal to allow Occupy Augusta to stay in park," November 28, 2011
  11. ↑ Kennebec Journal, "Occupy Augusta leaving park" 12/9/2011

Political offices
Preceded by
- 		United States District Court for the District of Maine
2011-Present		 Succeeded by
-


Maine courts

Federal courts:

First Circuit Court of Appeals • U.S. District Court: District of Maine • U.S. Bankruptcy Court: District of Maine

State courts:

Maine Supreme Judicial Court • Maine Superior Court • Maine Business and Consumer Court • Maine District Courts • Maine Family Division • Maine Juvenile Court • Maine Probate Courts • Maine Small Claims Court • Maine Treatment Court

State resources:

Courts in Maine • Maine judicial elections • Judicial selection in Maine

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