Terrence O'Brien

Terrence O'Brien

Nonpartisan

United States Court of Appeals for the 10th Circuit (senior status)

Tenure

2013 - Present

Years in position

11

Prior offices

United States Court of Appeals for the 10th Circuit

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Education

Bachelor's

University of Wyoming, 1965

Law

University of Wyoming College of Law, 1972

Personal

Birthplace

Lincoln, Neb.

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Terrence L. O'Brien is a federal judge on senior status with the United States Court of Appeals for the 10th Circuit. He joined the court in 2002 after being nominated by President George W. Bush. He assumed senior status April 30, 2013.

Prior to his nomination, O'Brien served as a judge on the Sixth Judicial District Court of Wyoming.

Early life and education

Born in Lincoln, Nebraska, O'Brien earned his B.S. from the University of Wyoming in 1965 and his J.D. from the University of Wyoming Law School in 1972.

Military career

O'Brien served in the U.S. Army's Ordnance Corps from 1966 to 1969.

Professional career

• 2001-2002: Private practice, Wyoming
• 2000-2001: President, Visionary Communications, Inc.
• 1974-1980: Private practice, Wyoming
• 1972-1974: Staff attorney, Land and Natural Resources Division (Appellate section), U.S. Department of Justice

Judicial career

• 2002-2013: Judge, United States Court of Appeals for the 10th Circuit

• 2013-present: Senior status judge

• 1980-2000: Judge, Wyoming's Sixth Judicial District Court

10th Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: Terrence L. O'Brien
Court: United States Court of Appeals for the 10th Circuit
Progress
Confirmed 256 days after nomination.
ANominated: August 2, 2001
AABA Rating: Majority Well Qualified, Minority Qualified
Questionnaire:
AHearing: March 19, 2002
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
AReported: April 11, 2002
AConfirmed: April 15, 2002
AVote: 98-0
AReturned: August 3, 2001

President George W. Bush (R) first nominated O'Brien to the United States Court of Appeals for the 10th Circuit August 2, 2001, to a seat vacated by Wade Brorby. Under Rule XXXI, paragraph six, of the standing rules of the U.S. Senate, O'Brien's nomination was returned to the president on August 3, 2001.

President Bush resubmitted O'Brien's nomination September 4, 2001. The American Bar Association rated O'Brien Majority Well Qualified, Minority Qualified for the nomination. The Senate Judiciary Committee held hearings on O'Brien's nomination March 19, 2002. U.S. Sen. Patrick Leahy (D-Vt.) reported his nomination April 11, 2002. The U.S. Senate confirmed O'Brien on a recorded 98-0 vote April 15. He received his commission April 16.

O'Brien retired, assuming senior status, April 30, 2013. He was succeeded in this position by Judge Gregory Alan Phillips.

Noteworthy cases

Oklahoma Sharia Law temporary injunction (2012)

See also: United States Court of Appeals for the 10th Circuit (Awad v. Ziriax, et al, 10-6273)

On January 10, 2012, the Tenth Circuit Court of Appeals upheld a previous ruling by Judge Vicki Miles-LaGrange, out of the United States District Court for the Western District of Oklahoma, that said Oklahoma's "Sharia Law" ballot measure was unconstitutional. The decision was released by the panel of Judges Terrence O'Brien, Scott Matheson and Monroe McKay, in which the court

Supported by 70% of the state's population in 2010, the amendment prohibited courts in the state from considering international or Sharia law in deciding cases.

The Tenth Circuit Court disagreed with the supporters of the amendment, who insisted that the measure was intended to disallow courts from considering any religious law in their proceedings. As a response, the opinion states, "That argument conflicts with the amendment's plain language, which mentions sharia law in two places.

Because the amendment was thought to discriminate against a specific religion, in this case, Islam, strict scrutiny was applied to judging its contents. Courts often utilize a higher level of scrutiny when it is concerned a minority is being unfairly treated.

See also

• United States Court of Appeals for the 10th Circuit

External links

• Judge O'Brien's biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by: NA	Sixth District of Wyoming 1980–2000	Succeeded by: Michael N. Deegan
Preceded by: Wade Brorby	Tenth Circuit Court of Appeals 2002–2013	Succeeded by: Gregory Alan Phillips