J. Clifford Wallace

J. Clifford Wallace
J. Clifford Wallace
Senior Judge of the United States Court of Appeals for the Ninth Circuit
	Incumbent
	Assumed office ; April 8, 1996
Chief Judge of the United States Court of Appeals for the Ninth Circuit
	In office; January 31, 1991 – April 8, 1996
Preceded by	Alfred Goodwin
Succeeded by	Procter Ralph Hug Jr.
Judge of the United States Court of Appeals for the Ninth Circuit
	In office; June 28, 1972 – April 8, 1996
Appointed by	Richard Nixon
Preceded by	James Marshall Carter
Succeeded by	Kim McLane Wardlaw
Judge of the United States District Court for the Southern District of California
	In office; October 16, 1970 – July 14, 1972
Appointed by	Richard Nixon
Preceded by	Seat established by 84 Stat. 294
Succeeded by	William Benner Enright
Personal details
Born	December 11, 1928 (age 96); San Diego, California, U.S.
Education	San Diego State University (BA); University of California, Berkeley (LLB)

John Clifford Wallace (born December 11, 1928) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States district judge of the United States District Court for the Southern District of California.

Education and career

Born in San Diego, California,^[1] Wallace received a Bachelor of Arts degree from San Diego State University in 1952, and a Bachelor of Laws from UC Berkeley School of Law in 1955. He served in the United States Navy as a Second Class Petty Officer from 1946 to 1949. He was in private practice in San Diego from 1955 to 1970, at the law firm of Gray Cary Ames & Frye.^[2]

Federal judicial service

Wallace was nominated by President Richard Nixon on October 7, 1970, to the United States District Court for the Southern District of California, to a new seat authorized by 84 Stat. 294. He was confirmed by the United States Senate on October 13, 1970, and received his commission on October 16, 1970. His service terminated on July 14, 1972, due to his elevation to the Ninth Circuit.^[2]

Wallace was nominated by President Nixon on May 22, 1972, to a seat on the United States Court of Appeals for the Ninth Circuit vacated by James Marshall Carter. He was confirmed by the Senate on June 28, 1972, and received his commission on June 28, 1972.^[2] Wallace served as Chief Judge of the Ninth Circuit from 1991 to 1996. He assumed senior status on April 8, 1996.^[2] As a senior judge, Wallace has a reduced caseload, but he continues to hear cases in the Ninth Circuit, and he sits by designation from time to time as a visiting judge on other federal appellate courts.

When Potter Stewart announced he was stepping down from the Supreme Court in June 1981, Wallace was initially believed to be the favorite for Stewart's seat,^[3] but he lost out to Sandra Day O'Connor because Ronald Reagan had made a campaign promise to appoint the first woman to the Court.^[4] Wallace was apparently not considered for the next vacancy after the departure of Chief Justice Warren Burger five years later, but after the retirement of Lewis F. Powell Jr. in 1987 and the rejection of Robert Bork, Wallace reemerged as a possible high court nominee. Alongside Pasco Bowman II of the Eighth Circuit, however, Wallace was viewed by the Senate's Democratic majority as the most controversial amongst the thirteen or fourteen nominees proposed after Bork was rejected.^[5] Wallace's devout Mormon faith, strong support for the death penalty based upon the Bible,^[6] and belief that strict separation of church and state was not mandated by the Constitution^[7] were all viewed unfavourably by Republican officials aware of a requirement for Democratic support and consultation.^[8] Democrats themselves voiced strong objection to Wallace as an excessively ideological candidate akin to Bork,^[8] and he was further hindered by his 1984 ruling that rejected an appeal by female athletes to include longer-distance races for women in the Summer Olympics.^[6] Powell's seat ultimately went to Anthony Kennedy, who was then serving alongside Wallace on the Ninth Circuit.

On July 31, 2018, Wallace wrote an opinion ruling against the sheriff Joe Arpaio. He was joined by Judges Susan P. Graber and Marsha Berzon.^[9] On October 22, 2019, Wallace wrote a 2—1 opinion that prohibited religious exemptions for businesses that did not want to participate in the healthcare system due to support of contraceptives. Wallace was joined by Graber, over the dissent of Judge Andrew Kleinfeld.^[10]

References

^ Judicial Conference of the United States. Bicentennial Committee (1978). Judges of the United States. The Committee : for sale by the Supt. of Docs., U.S. Govt. Print. Off. Retrieved 2015-07-19.
^ ^a ^b ^c ^d John Clifford Wallace at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
^ ‘Californian Top Court Guess’; Fort Worth Star-Telegram, June 23, 1981, p. 3A
^ ‘The Selection’; St. Petersburg Times; July 8, 1981, p. 6A
^ Epstein, Aaron; ‘3 High Court Hopefuls Deemed OK’; The Miami Herald, October 28, 1987, p. 16
^ ^a ^b ‘Alternates to Bork Surfacing: Nominees’; El Paso Times, October 11, 1987, pp. 1A, 4A
^ Lauter, David (October 25, 1987). "Defeat of Judge Robert Bork: In Name Only?". The Record (Hackensack, New Jersey). p. A-14.
^ ^a ^b Hanrahan, John; ‘Consultation on New Court Nominee Pleases Democrats’; The Herald (Jasper, Indiana), October 28, 1987, p. 22
^ John Clifford Wallace (July 31, 2018). "United States of America, Intervenor-Plaintiff-Appellee, v. Maricopa County, Defendant-Appellant, and Joseph M. Arpaio, Defendant" (PDF). United States Court of Appeals for the Ninth Circuit.
^ Danielle Wallace (October 23, 2019). "Ninth Circuit blocks Trump administration birth control exemptions". Fox News.

Sources

J. Clifford Wallace Papers, MSS 7730; 20th Century Western and Mormon Manuscripts; L. Tom Perry Special Collections, Harold B. Lee Library, Brigham Young University.
John Clifford Wallace at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
Appearances on C-SPAN

Legal offices
Preceded by Seat established by 82 Stat. 294	Judge of the United States District Court for the Southern District of California 1970–1972	Succeeded by William Benner Enright
Preceded by James Marshall Carter	Judge of the United States Court of Appeals for the Ninth Circuit 1972–1996	Succeeded by Kim McLane Wardlaw
Preceded by Alfred Goodwin	Chief Judge of the United States Court of Appeals for the Ninth Circuit 1991–1996	Succeeded by Procter Ralph Hug Jr.