Before her confirmation, Friedland served as a litigation partner in the San Francisco office of Munger, Tolles & Olson LLP. She joined the firm in 2004 as an associate, becoming a partner in January 2010. She has extensive litigation experience at the state and federal trial court and appellate levels, including litigating before the United States Supreme Court.[2][6]
During her legal career, Friedland represented a number of corporate clients in cases involving a wide range of legal issues, including antitrust, tax, patent, copyright, and consumer class actions. She also frequently represented the University of California in cases involving constitutional issues. She maintained an active pro bono practice. The State Bar of California named a Munger team including Friedland a recipient of the 2013 President's Pro Bono Service Award.[7] Friedland also has served as an adjunct professor at the University of Virginia Law School, teaching a course on constitutional issues in higher education.[6]
Federal judicial service
Friedland being applauded by Justice Sandra Day O'Connor (Ret.) after being administered the oath of office on June 13, 2014
Friedland taking her seat as Circuit Judge for the Ninth Circuit
Notable cases
On February 4, 2017, Friedland and Judge William Canby rejected[13] the Trump administration's request for an administrative stay[14] of the district court's temporary restraining order in State of Washington v. Trump, part of the ongoing court cases related to Executive Order 13769, pending full review in the Ninth Circuit. On February 7, Friedland, Canby, and Judge Richard Clifton heard oral arguments on the emergency motion to stay, with an audio feed[15] of the telephonic argument broadcast nationwide.[16][17] On February 9, the three judges denied the request for a stay of the temporary restraining order.[18][19] The case was notably parodied by Saturday Night Live, with Judge Friedland being portrayed by Vanessa Bayer.[20]
On July 3, 2019, in another high-profile ruling, Friedland and Richard R. Clifton upheld a district court's halting of parts of Donald Trump's wall. N. Randy Smith issued a dissent, and on July 26, the Supreme Court overturned Friedland and Clifton by a 5–3 vote, with Stephen Breyer saying he would temporarily block the construction of the wall but allow funding to be set aside for it.[21][22]
On August 16, 2021, Friedland (joined by Ronald Gould & Jill Otake) upheld an EPA ruling that the Sacketts' property contained wetlands that were protected by the Clean Water Act.
[23] The 9th circuit was reversed by the Supreme Court in Sackett v. Environmental Protection Agency (2023), which held that only wetlands with a "continuous surface connection" to waters of the United States were protected by the Clean Water Act.
In Garcia v. City of Los Angeles, decided on September 2, 2021, Friedland ruled that the city of Los Angeles cannot seize and discard the "bulky items" of homeless individuals.[24]
On January 2, 2024, Friedland wrote a dissent from denial of en banc in California Restaurant Association v. City of Berkeley, a case where the original panel overturned the City of Berkeley's ban on natural gas in new buildings. Friedland was joined by Chief Judge Murguia, Judges Wardlaw, Gould, Koh, Sung, Sanchez, & Mendoza. In Friedland's nearly 10 years on the bench, this is the first time she has written a dissent from denying en banc.[25]
^"Class Notes", Pingry Review, March 2014. Accessed March 14, 2022. "1990: Michelle Friedland has been nominated by President Obama to serve on the United States Court of Appeals for the Ninth Circuit."
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