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{{short description|Former Solicitor General of New York}}
{{Short description|American lawyer (born 1944)}}
{{Use mdy dates|date=May 2018}}
{{Use mdy dates|date=May 2018}}
{{Infobox officeholder
{{Infobox officeholder
|name = Barbara Underwood
| name = Barbara Underwood
|office = [[Solicitor General]] of [[New York (state)|New York]]
| office = [[Attorney General of New York#Solicitor general|Solicitor General of New York]]
|term_start = January 1, 2007
| term_start = January 1, 2007
|term_end =
| term_end =
| governor = [[Eliot Spitzer]]<br />[[David Paterson]]<br />[[Andrew Cuomo]]<br />[[Kathy Hochul]]
|predecessor = [[Caitlin Halligan]]
| predecessor = [[Caitlin Halligan]]
|successor =
|office1 = 66th [[Attorney General of New York]]
| successor =
| office1 = 66th [[Attorney General of New York]]
|governor1 = [[Andrew Cuomo]]
| governor1 = [[Andrew Cuomo]]
|term_start1 = May 8, 2018
| term_start1 = May 8, 2018
|term_end1 = December 31, 2018<br>Acting: May 8, 2018 – May 22, 2018
| term_end1 = December 31, 2018<br /><small>Acting: May 8, 2018 – May 22, 2018</small>
|predecessor1 = [[Eric Schneiderman]]
| predecessor1 = [[Eric Schneiderman]]
|successor1 = [[Letitia James]]
| successor1 = [[Letitia James]]
|office2 = Acting [[Solicitor General of the United States]]
| office2 = [[Solicitor General of the United States]]
| termlabel2 = Acting
|president2 = [[George W. Bush]]
| president2 = [[George W. Bush]]
|term_start2 = January 20, 2001
|term_end2 = June 11, 2001
| term_start2 = January 20, 2001
| term_end2 = June 11, 2001
|predecessor2 = [[Seth P. Waxman]]
|successor2 = [[Theodore Olson]]
| predecessor2 = [[Seth P. Waxman]]
|office3 = [[Solicitor General of the United States|Principal Deputy Solicitor General of the United States]]
| successor2 = [[Theodore Olson]]
| office3 = [[Solicitor General of the United States|Principal Deputy Solicitor General of the United States]]
|president3 = [[Bill Clinton]]
| president3 = [[Bill Clinton]]<br />[[George W. Bush]]
|term_start3 = March 23, 1998
| term_start3 = March 23, 1998
|term_end3 = January 20, 2001
| term_end3 = June 11, 2001
|predecessor3 = Seth P. Waxman
| predecessor3 = Seth P. Waxman
|successor3 = [[Paul Clement]]
| successor3 = [[Paul Clement]]
|birth_date = {{birth date and age|1944|8|16}}
| birth_date = {{birth date and age|1944|8|16}}
|birth_place = [[Evansville, Indiana]], U.S.
| birth_place = [[Evansville, Indiana]], U.S.
|death_date =
| death_date =
|death_place =
| death_place =
|party = [[Democratic Party (United States)|Democratic]]
| party = [[Democratic Party (United States)|Democratic]]
|spouse = {{marriage|Martin Halpern|August 4, 1985}}
| spouse = {{marriage|Martin Halpern|August 4, 1985}}
|education = [[Harvard University]] ([[Bachelor of Arts|BA]])<br>[[Georgetown University]] ([[Juris Doctor|JD]])
| education = [[Harvard University]] ([[Bachelor of Arts|BA]])<br />[[Georgetown University]] ([[Juris Doctor|JD]])
}}
}}
'''Barbara Dale Underwood''' (born August 16, 1944) is an American lawyer currently serving as the [[Solicitor General]] of [[New York (state)|New York]]. She was first appointed to the position in January 2007 by [[Andrew Cuomo]], who was then serving as the state's [[Attorney General]]. Underwood was reappointed in 2011 by Attorney General [[Eric Schneiderman]].
'''Barbara Dale Underwood''' (born August 16, 1944) is an American lawyer serving as the [[Attorney General of New York#Solicitor general|solicitor general of New York]]. She was first appointed to the position in January 2007 by [[Andrew Cuomo]], who was then serving as the state's [[Attorney General of New York|attorney general]]. Underwood was reappointed in 2011 by Attorney General [[Eric Schneiderman]].


Underwood herself served briefly as the [[Attorney General of New York]] upon Schneiderman's resignation from the position on May 8, 2018. She declined to seek the office in the [[2018 New York state elections]], and resumed the position of Solicitor General after [[Letitia James]] was sworn in to succeed her on January 1, 2019. Underwood was the first woman to serve as Attorney General of New York.
Underwood herself served briefly as the attorney general of New York upon Schneiderman's resignation from the position on May 8, 2018. She declined to seek the office in the [[2018 New York state elections]], and resumed the position of Solicitor General after [[Letitia James]] was sworn in to succeed her on January 1, 2019. Underwood was the first woman to serve as Attorney General of New York.


==Early life==
==Early life and education==
Underwood was born in [[Evansville, Indiana]], to Dr. Robert Underwood and Mildred Kinstein Underwood. She grew up in [[Belleville, New Jersey]], and is the eldest of three daughters.<ref name=":0">{{Cite news|url=https://www.nytimes.com/1998/04/09/nyregion/public-lives-smart-lawyer-for-a-rich-querulous-uncle.html|title=Public Lives; Smart Lawyer for a Rich, Querulous Uncle|last=Hoffman|first=Jan|date=April 9, 1998|newspaper=The New York Times|access-date=February 9, 2017|issn=0362-4331}}</ref> Underwood earned an [[Bachelor of arts|A.B.]] ''[[magna cum laude]]'' from [[Radcliffe College]] of [[Harvard University]] in 1966 and received her [[Juris Doctor|J.D.]] from [[Georgetown University Law Center]] in 1969.
Underwood was born in [[Evansville, Indiana]], to Dr. Robert Underwood and Mildred Kinstein Underwood. She grew up in [[Belleville, New Jersey]], and is the eldest of three daughters.<ref name=":0">{{Cite news|url=https://www.nytimes.com/1998/04/09/nyregion/public-lives-smart-lawyer-for-a-rich-querulous-uncle.html|title=Public Lives; Smart Lawyer for a Rich, Querulous Uncle|last=Hoffman|first=Jan|date=April 9, 1998|newspaper=The New York Times|access-date=February 9, 2017|issn=0362-4331}}</ref> Underwood earned a [[Bachelor of Arts]] ''[[magna cum laude]]'' from [[Radcliffe College]] of [[Harvard University]] in 1966 and received a [[Juris Doctor]] from [[Georgetown University Law Center]] in 1969.


While Underwood was a student at Radcliffe in 1963, she worked at WJRZ as news editor and got engaged to Howard Allen Cohen, a second year student at Rutgers Law School, who was also working at WJRZ.<ref name="FirstMarriage">{{cite news |title=Barbara Underwood Is Planning Nuptials |url=https://www.nytimes.com/1964/01/26/archives/barbara-underwood-is-planning-nuptials.html |access-date=June 14, 2018 |newspaper=New York Times |date=January 16, 1964}}</ref>
While Underwood was a student at Radcliffe in 1963, she worked at WJRZ as news editor and got engaged to Howard Allen Cohen, a second year student at [[Rutgers Law School]], who was also working at WJRZ.<ref name="FirstMarriage">{{cite news |title=Barbara Underwood Is Planning Nuptials |url=https://www.nytimes.com/1964/01/26/archives/barbara-underwood-is-planning-nuptials.html |access-date=June 14, 2018 |newspaper=New York Times |date=January 16, 1964}}</ref>


==Legal career==
==Legal career==
After graduation, Underwood clerked for Chief Judge [[David L. Bazelon]] of the [[United States Court of Appeals for the District of Columbia Circuit|U.S. Court of Appeals for the District of Columbia Circuit]] and then [[Associate Justice of the Supreme Court of the United States|Associate Justice]] [[Thurgood Marshall]] of the [[Supreme Court of the United States|Supreme Court]] from 1971 to 1972.<ref>{{Cite web|url=https://ag.ny.gov/senior-staff|title=Senior Staff {{!}} www.ag.ny.gov|website=ag.ny.gov|language=en|access-date=February 9, 2017|archive-url=https://web.archive.org/web/20170211075033/https://ag.ny.gov/senior-staff|archive-date=February 11, 2017|url-status=dead}}</ref> After leaving the Court, Underwood was a [[law professor]] for 10 years at the [[Yale Law School]], from 1972 to 1982. She also has taught at [[Brooklyn Law School]] and at [[New York University School of Law]].
After graduation, Underwood clerked for Chief Judge [[David L. Bazelon]] of the [[United States Court of Appeals for the District of Columbia Circuit|U.S. Court of Appeals for the District of Columbia Circuit]] and then [[Associate Justice of the Supreme Court of the United States|Associate Justice]] [[Thurgood Marshall]] of the [[Supreme Court of the United States|Supreme Court]] from 1971 to 1972.<ref>{{Cite web|url=https://ag.ny.gov/senior-staff|title=Senior Staff {{!}} www.ag.ny.gov|website=ag.ny.gov|language=en|access-date=February 9, 2017|archive-url=https://web.archive.org/web/20170211075033/https://ag.ny.gov/senior-staff|archive-date=February 11, 2017|url-status=dead}}</ref> After leaving the Court, Underwood was a [[law professor]] for 10 years at the [[Yale Law School]], from 1972 to 1982. She also has taught at [[Brooklyn Law School]] and at [[New York University School of Law]].


Underwood left academia to work in the [[Kings County District Attorney]]'s Office.<ref>{{cite news|last1=Kurtz|first1=Howard|title=The Private Public Prosecutor|url=https://www.washingtonpost.com/archive/lifestyle/1987/10/27/the-private-public-prosecutor/543dcb63-ce18-417e-99b6-acb154b6b921/|access-date=September 28, 2017|work=Washington Post|date=October 27, 1987}}</ref> She later served in the District Attorneys for three different counties in [[New York City]]: she was an Assistant District Attorney in [[New York County District Attorney|New York County]], Chief of Appeals and Counsel to the District Attorney in [[Kings County, New York|Kings County]] (Brooklyn), and Senior Executive Assistant District Attorney for Legal Affairs in [[Queens County, New York|Queens County]]. She then served as Chief [[Assistant United States Attorney]] and later Counsel to the [[United States Attorney for the Eastern District of New York]].<ref>{{Cite news|url=http://www.nydailynews.com/blogs/dailypolitics/attorney-general-elect-eric-schneiderman-appointments-blog-entry-1.1682292|title=Here's Attorney General-Elect Eric Schneiderman's First Round Of Appointments|newspaper=NY Daily News|date=December 22, 2010|access-date=February 9, 2017|language=en}}</ref><ref>{{cite news|last1=Mustain|first1=Gene|title=Court Opens Spy Heaing|url=http://www.nydailynews.com/archives/news/court-opens-spy-hearing-article-1.716904|access-date=May 10, 2017|work=New York Daily News|date=June 9, 1996}}</ref>
Underwood left academia to work in the [[Kings County District Attorney]]'s Office.<ref>{{cite news|last1=Kurtz|first1=Howard|title=The Private Public Prosecutor|url=https://www.washingtonpost.com/archive/lifestyle/1987/10/27/the-private-public-prosecutor/543dcb63-ce18-417e-99b6-acb154b6b921/|access-date=September 28, 2017|newspaper=Washington Post|date=October 27, 1987}}</ref> She later served in the District Attorneys for three different counties in [[New York City]]: she was an Assistant District Attorney in [[New York County District Attorney|New York County]], Chief of Appeals and Counsel to the District Attorney in [[Kings County, New York|Kings County]] (Brooklyn), and Senior Executive Assistant District Attorney for Legal Affairs in [[Queens County, New York|Queens County]]. She then served as Chief [[Assistant United States Attorney]] and later Counsel to the [[United States Attorney for the Eastern District of New York]].<ref>{{Cite news|url=http://www.nydailynews.com/blogs/dailypolitics/attorney-general-elect-eric-schneiderman-appointments-blog-entry-1.1682292|title=Here's Attorney General-Elect Eric Schneiderman's First Round Of Appointments|newspaper=NY Daily News|date=December 22, 2010|access-date=February 9, 2017|language=en}}</ref><ref>{{cite news|last1=Mustain|first1=Gene|title=Court Opens Spy Heaing|url=http://www.nydailynews.com/archives/news/court-opens-spy-hearing-article-1.716904|access-date=May 10, 2017|work=New York Daily News|date=June 9, 1996}}</ref>


In 1998, Underwood was appointed by [[United States Attorney General]] [[Janet Reno]] to be Principal Deputy Solicitor General under [[United States Solicitor General|Solicitor General]] [[Seth P. Waxman]].<ref name=":0" /><ref>{{cite press release |url = http://www.usdoj.gov/opa/pr/1998/March/111.htm.html | title = Underwood Appointed Principal Deputy Solicitor General | publisher = [[United States Department of Justice]] | date= March 11, 1998 | access-date = May 8, 2018 }}</ref> Underwood held that position for three years, and then served as [[Solicitor General of the United States|Acting Solicitor General]] from January to June 2001, making her the first woman to act as Solicitor General.<ref>{{Cite web|url=http://www.thecrimson.com/article/2009/1/5/obama-names-law-school-dean-solicitor/|title=Obama Names Law School Dean Solicitor General|last1=Groll|first1=Elias J.|last2=Jiang|first2=Athena Y.|date=January 5, 2009|website=www.thecrimson.com|language=en|access-date=February 9, 2017}}</ref> After working in the U.S. Attorney's Office in New York for several years, in 2007 she was appointed Solicitor General of the State of New York, a position she held under three state Attorneys General.<ref>{{cite news|title=Attorney General Andrew Cuomo appoints top legal team to Martin Tankleff case|url=http://www.nydailynews.com/news/crime/attorney-general-andrew-cuomo-appoints-top-legal-team-martin-tankleff-case-article-1.343638|access-date=May 9, 2017|work=New York Daily News|agency=Associated Press|date=January 18, 2008}}</ref> She has argued twenty-two cases before the U.S. Supreme Court, and many cases before the federal and state appellate courts.<ref>{{cite web|url=https://www.oyez.org/advocates/barbara_d_underwood|title=Cases argued by Barbara Underwood|publisher=Oyez!|access-date=April 4, 2017}}</ref><ref>{{cite news|url=https://nypost.com/2008/03/06/a-flight-of-fancy/|title=A Flight of Fancy|last1=Fermino|first1=Jennifer|date=March 6, 2008|work=New York Post|access-date=September 28, 2017}}</ref>
In 1998, Underwood was appointed by [[United States Attorney General]] [[Janet Reno]] to be Principal Deputy Solicitor General under [[United States Solicitor General|Solicitor General]] [[Seth P. Waxman]].<ref name=":0" /><ref>{{cite press release |url = http://www.usdoj.gov/opa/pr/1998/March/111.htm.html | title = Underwood Appointed Principal Deputy Solicitor General | publisher = [[United States Department of Justice]] | date= March 11, 1998 | access-date = May 8, 2018 }}</ref> Underwood held that position for three years, and then served as [[Solicitor General of the United States|Acting Solicitor General]] from January to June 2001, making her the first woman to act as Solicitor General.<ref>{{Cite web|url=http://www.thecrimson.com/article/2009/1/5/obama-names-law-school-dean-solicitor/|title=Obama Names Law School Dean Solicitor General|last1=Groll|first1=Elias J.|last2=Jiang|first2=Athena Y.|date=January 5, 2009|website=www.thecrimson.com|language=en|access-date=February 9, 2017}}</ref> After working in the U.S. Attorney's Office in New York for several years, in 2007 she was appointed Solicitor General of the State of New York, a position she held under three state Attorneys General.<ref>{{cite news|title=Attorney General Andrew Cuomo appoints top legal team to Martin Tankleff case|url=http://www.nydailynews.com/news/crime/attorney-general-andrew-cuomo-appoints-top-legal-team-martin-tankleff-case-article-1.343638|access-date=May 9, 2017|work=New York Daily News|agency=Associated Press|date=January 18, 2008}}</ref> She has argued twenty-two cases before the U.S. Supreme Court, and many cases before the federal and state appellate courts.<ref>{{cite web|url=https://www.oyez.org/advocates/barbara_d_underwood|title=Cases argued by Barbara Underwood|publisher=Oyez!|access-date=April 4, 2017}}</ref>


She became Acting Attorney General on May 8, 2018, following the resignation of Eric Schneiderman.<ref>{{cite news | access-date = May 8, 2018 | url = https://www.newsday.com/news/region-state/attorney-general-schneiderman-assault-resign-1.18447687 | work = Newsday | date= May 8, 2018 | title= Acting AG named as Dems mull replacement | first= Yancey | last= Roy }}</ref> The State Legislature picked Underwood as the replacement to fill the remainder of Schneiderman's term on May 22, 2018.<ref>Colby Hamilton. "[https://www.law.com/newyorklawjournal/2018/05/22/underwood-set-to-be-chosen-as-interim-attorney-general/?slreturn=20180422162933 Lawmakers Select Underwood as Interim Attorney General]." ''[[New York Law Journal]]''. May 22, 2018.</ref> Underwood pledged not to seek elected office and fill out the remainder of Schneiderman's term until an elected successor is sworn in.<ref>Karen Dewitt "[http://wxxinews.org/post/barbara-underwood-named-interim-nys-attorney-general Barbara Underwood named interim NYS Attorney General]" [[WXXI (AM)|WXXI News]] May 22, 2018</ref> As Attorney General, Underwood successfully sued [[Donald Trump]] and his foundation, [[Donald J. Trump Foundation]], for "a pattern of persistent illegal conduct."<ref>{{Cite news|url=https://www.cnbc.com/2018/06/14/new-york-attorney-general-sues-trump-and-family-over-charity.html|title=New York attorney general sues Trump and family over charity, claiming 'illegal conduct'|last=Mangan|first=Dan|date=June 14, 2018|work=CNBC|access-date=June 14, 2018}}</ref><ref>{{Cite news|url=https://www.vox.com/2018/6/14/17464010/trump-foundation-new-york-lawsuit|title=Read: New York attorney general's new lawsuit against Trump Foundation, President Trump, and his children|last=Prokop|first=Andrew|date=June 14, 2018|work=Vox|access-date=June 14, 2018}}</ref>
She became Acting Attorney General of New York on May 8, 2018, following the resignation of Eric Schneiderman.<ref>{{cite news | access-date = May 8, 2018 | url = https://www.newsday.com/news/region-state/attorney-general-schneiderman-assault-resign-1.18447687 | work = Newsday | date= May 8, 2018 | title= Acting AG named as Dems mull replacement | first= Yancey | last= Roy }}</ref> The State Legislature picked Underwood as the replacement to fill the remainder of Schneiderman's term on May 22, 2018.<ref>Colby Hamilton. "[https://www.law.com/newyorklawjournal/2018/05/22/underwood-set-to-be-chosen-as-interim-attorney-general/?slreturn=20180422162933 Lawmakers Select Underwood as Interim Attorney General]." ''[[New York Law Journal]]''. May 22, 2018.</ref> Underwood pledged not to seek elected office and fill out the remainder of Schneiderman's term until an elected successor is sworn in.<ref>Karen Dewitt "[http://wxxinews.org/post/barbara-underwood-named-interim-nys-attorney-general Barbara Underwood named interim NYS Attorney General]" [[WXXI (AM)|WXXI News]] May 22, 2018</ref> As Attorney General, Underwood successfully sued [[Donald Trump]] and his foundation, [[Donald J. Trump Foundation]], for "a pattern of persistent illegal conduct."<ref>{{Cite news|url=https://www.cnbc.com/2018/06/14/new-york-attorney-general-sues-trump-and-family-over-charity.html|title=New York attorney general sues Trump and family over charity, claiming 'illegal conduct'|last=Mangan|first=Dan|date=June 14, 2018|work=CNBC|access-date=June 14, 2018}}</ref><ref>{{Cite news|url=https://www.vox.com/2018/6/14/17464010/trump-foundation-new-york-lawsuit|title=Read: New York attorney general's new lawsuit against Trump Foundation, President Trump, and his children|last=Prokop|first=Andrew|date=June 14, 2018|work=Vox|access-date=June 14, 2018}}</ref>


The Attorney General's office passed to [[Letitia James]] following her victory in the [[2018 New York state elections]].<ref name="APjan2019">{{cite news |publisher=The Associated Press |title=New York's 1st female attorney general closes surprise tenure as leading Trump antagonist |date=January 1, 2019 |access-date=January 1, 2019 |url=https://www.nbcnews.com/politics/politics-news/new-york-s-1st-female-attorney-general-closes-surprise-tenure-n953536}}</ref> Underwood, who had never sought or held elective office, professed contentment when she returned to the Solicitor General's office in January 2019.<ref name="APjan2019"/> "I like that role, and so I'm happy to go back to doing it," she told an [[Associated Press|AP]] interviewer at the time. "I have come to like this too. It's not that I'm eager to leave this, but I'm very happy to be going on to something that I know I like."<ref name="APjan2019"/> Underwood left the office having made history, as the first woman to serve as Attorney General of New York.<ref>{{cite news|last1=McKinley|first1=Jesse|title=Barbara Underwood approved as state attorney general; first woman to hold post|url=https://www.nytimes.com/2018/05/22/nyregion/barbara-underwood-approved-as-state-attorney-general-first-woman-to-hold-post.html|access-date=May 24, 2018|newspaper=[[The New York Times]]|date=May 22, 2018}}</ref>
The Attorney General's office passed to [[Letitia James]] following her victory in the [[2018 New York state elections]].<ref name="APjan2019">{{cite news |publisher=The Associated Press |title=New York's 1st female attorney general closes surprise tenure as leading Trump antagonist |date=January 1, 2019 |access-date=January 1, 2019 |url=https://www.nbcnews.com/politics/politics-news/new-york-s-1st-female-attorney-general-closes-surprise-tenure-n953536}}</ref> Underwood, who had never sought or held elective office, professed contentment when she returned to the Solicitor General's office in January 2019.<ref name="APjan2019"/> "I like that role, and so I'm happy to go back to doing it," she told an [[Associated Press|AP]] interviewer at the time. "I have come to like this too. It's not that I'm eager to leave this, but I'm very happy to be going on to something that I know I like."<ref name="APjan2019"/> Underwood left the office having made history as the first woman to serve as Attorney General of New York.<ref>{{cite news|last1=McKinley|first1=Jesse|title=Barbara Underwood approved as state attorney general; first woman to hold post|url=https://www.nytimes.com/2018/05/22/nyregion/barbara-underwood-approved-as-state-attorney-general-first-woman-to-hold-post.html|access-date=May 24, 2018|newspaper=[[The New York Times]]|date=May 22, 2018}}</ref>


On November 30, 2020, as Solicitor General of New York, Underwood argued the case ''[[Trump v. New York]]'' on behalf of New York State.<ref>https://www.c-span.org/video/?477428-1/trump-v-york-oral-argument&live</ref>
On November 30, 2020, as Solicitor General of New York, Underwood argued the case ''[[Trump v. New York]]'' on behalf of New York State.<ref>{{cite web| url = https://www.c-span.org/video/?477428-1/trump-v-york-oral-argument&live| title = [Trump v. New York] Oral Argument {{!}} C-SPAN.org}} </ref>

On November 3, 2021, as Solicitor General of New York, Underwood argued the case ''[[New York State Rifle & Pistol Association, Inc. v. Bruen]]'' on behalf of respondents.<ref>{{Cite web|title= 20-843_7m5e.pdf |url=https://www.supremecourt.gov/oral_arguments/audio/2021/20-843|website=SupremeCourt.gov}}</ref>


==Honors and awards==
==Honors and awards==
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==Family==
==Family==
Underwood has lived in [[New York City]] since 1982. She is married to Martin Halpern, former [[Brandeis University]] professor of playwriting and dramatic literature.<ref name=":0" /><ref>{{cite news|title=Barbara Underwood Marries a Playwright|url=https://www.nytimes.com/1985/08/05/style/barbara-underwood-marries-a-playwright.html?mcubz=1|access-date=September 28, 2017|work=New York Times|date=August 5, 1985}}</ref> They live in [[Brooklyn]] and have one son, Robert, born in 1986.<ref name=":0" /> Underwood had one previous marriage which ended in divorce.<ref name=":0" />
Underwood has lived in [[New York City]] since 1982. She was married to Martin Halpern, a former Brandeis University professor of playwriting and dramatic literature, who died on September 10, 2023.<ref name=":0" /><ref>{{cite news|title=Barbara Underwood Marries a Playwright|url=https://www.nytimes.com/1985/08/05/style/barbara-underwood-marries-a-playwright.html?mcubz=1|access-date=September 28, 2017|work=New York Times|date=August 5, 1985}}</ref> Underwood lives in [[Brooklyn]] and has one son, Robert, born in 1986.<ref name=":0" /> Underwood had one previous marriage which ended in divorce.<ref name=":0" />
Underwood is Jewish.<ref>{{cite tweet |last=Underwood |first=Barbara |author-link= |user=newyorkstateag |number=897580156734361600 |date=15 August 2017 |title=I am Jewish. There are New Yorkers still alive today who fought against Nazis, or survived the concentration camps. |language=en |retweet= |link=https://twitter.com/newyorkstateag/status/897580156734361600 |access-date=18 December 2018 }}</ref>
Underwood is Jewish.<ref>{{cite tweet |last=Underwood |first=Barbara |author-link= |user=newyorkstateag |number=897580156734361600 |date=15 August 2017 |title=I am Jewish. There are New Yorkers still alive today who fought against Nazis, or survived the concentration camps. |language=en |retweet= |link=https://twitter.com/newyorkstateag/status/897580156734361600 |access-date=18 December 2018 }}</ref>


==Selected publications==
==Selected publications==
* {{cite journal|last1=Underwood|first1=Barbara D.|title=Comment: The Thumb on the Scales of Justice: Burdens of Persuasion in Criminal Cases|journal=Yale Law Journal|date=1977|volume=86|page=1299|doi=10.2307/795788|jstor=795788|url=http://digitalcommons.law.yale.edu/fss_papers/3050/}}
* {{cite journal|last1=Underwood|first1=Barbara D.|title=Comment: The Thumb on the Scales of Justice: Burdens of Persuasion in Criminal Cases|journal=Yale Law Journal|date=1977|volume=86|page=1299|doi=10.2307/795788|jstor=795788|url=http://digitalcommons.law.yale.edu/fss_papers/3050/}}
* {{cite journal|last1=Underwood|first1=Barbara D.|title=Law and the Crystal Ball: Predicting Behavior with Statistical Inference and Individualized Judgment|journal=Yale Law Journal|date=1979|volume=88|page=1408|doi=10.2307/795726|jstor=795726|url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4140&context=fss_papers}}
* {{cite journal|last1=Underwood|first1=Barbara D.|title=Law and the Crystal Ball: Predicting Behavior with Statistical Inference and Individualized Judgment|journal=Yale Law Journal|date=1979|volume=88|issue=7|pages=1408–1448|doi=10.2307/795726|jstor=795726|url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4140&context=fss_papers}}
* {{cite journal|last1=Underwood|first1=Barbara D.|title=Against Dichotomy|journal=Yale Law Journal|date=1981|volume=90|issue=5|pages=1004–1006|doi=10.2307/795936|jstor=795936|url=http://digitalcommons.law.yale.edu/fss_papers/3048/}}
* {{cite journal|last1=Underwood|first1=Barbara D.|title=Against Dichotomy|journal=Yale Law Journal|date=1981|volume=90|issue=5|pages=1004–1006|doi=10.2307/795936|jstor=795936|url=http://digitalcommons.law.yale.edu/fss_papers/3048/}}

== See also ==
* [[List of Jewish American jurists]]
* [[List of law clerks of the Supreme Court of the United States (Seat 10)]]


==References==
==References==
{{reflist}}
{{reflist}}
{{noteslist}}
{{noteslist}}

==External links==
==External links==
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Latest revision as of 05:07, 24 September 2024

Barbara Underwood
Solicitor General of New York
Incumbent
Assumed office
January 1, 2007
GovernorEliot Spitzer
David Paterson
Andrew Cuomo
Kathy Hochul
Preceded byCaitlin Halligan
66th Attorney General of New York
In office
May 8, 2018 – December 31, 2018
Acting: May 8, 2018 – May 22, 2018
GovernorAndrew Cuomo
Preceded byEric Schneiderman
Succeeded byLetitia James
Solicitor General of the United States
Acting
January 20, 2001 – June 11, 2001
PresidentGeorge W. Bush
Preceded bySeth P. Waxman
Succeeded byTheodore Olson
Principal Deputy Solicitor General of the United States
In office
March 23, 1998 – June 11, 2001
PresidentBill Clinton
George W. Bush
Preceded bySeth P. Waxman
Succeeded byPaul Clement
Personal details
Born (1944-08-16) August 16, 1944 (age 80)
Evansville, Indiana, U.S.
Political partyDemocratic
Spouse
Martin Halpern
​
(m. 1985)​
EducationHarvard University (BA)
Georgetown University (JD)

Barbara Dale Underwood (born August 16, 1944) is an American lawyer serving as the solicitor general of New York. She was first appointed to the position in January 2007 by Andrew Cuomo, who was then serving as the state's attorney general. Underwood was reappointed in 2011 by Attorney General Eric Schneiderman.

Underwood herself served briefly as the attorney general of New York upon Schneiderman's resignation from the position on May 8, 2018. She declined to seek the office in the 2018 New York state elections, and resumed the position of Solicitor General after Letitia James was sworn in to succeed her on January 1, 2019. Underwood was the first woman to serve as Attorney General of New York.

Early life and education

[edit]

Underwood was born in Evansville, Indiana, to Dr. Robert Underwood and Mildred Kinstein Underwood. She grew up in Belleville, New Jersey, and is the eldest of three daughters.[1] Underwood earned a Bachelor of Arts magna cum laude from Radcliffe College of Harvard University in 1966 and received a Juris Doctor from Georgetown University Law Center in 1969.

While Underwood was a student at Radcliffe in 1963, she worked at WJRZ as news editor and got engaged to Howard Allen Cohen, a second year student at Rutgers Law School, who was also working at WJRZ.[2]

[edit]

After graduation, Underwood clerked for Chief Judge David L. Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit and then Associate Justice Thurgood Marshall of the Supreme Court from 1971 to 1972.[3] After leaving the Court, Underwood was a law professor for 10 years at the Yale Law School, from 1972 to 1982. She also has taught at Brooklyn Law School and at New York University School of Law.

Underwood left academia to work in the Kings County District Attorney's Office.[4] She later served in the District Attorneys for three different counties in New York City: she was an Assistant District Attorney in New York County, Chief of Appeals and Counsel to the District Attorney in Kings County (Brooklyn), and Senior Executive Assistant District Attorney for Legal Affairs in Queens County. She then served as Chief Assistant United States Attorney and later Counsel to the United States Attorney for the Eastern District of New York.[5][6]

In 1998, Underwood was appointed by United States Attorney General Janet Reno to be Principal Deputy Solicitor General under Solicitor General Seth P. Waxman.[1][7] Underwood held that position for three years, and then served as Acting Solicitor General from January to June 2001, making her the first woman to act as Solicitor General.[8] After working in the U.S. Attorney's Office in New York for several years, in 2007 she was appointed Solicitor General of the State of New York, a position she held under three state Attorneys General.[9] She has argued twenty-two cases before the U.S. Supreme Court, and many cases before the federal and state appellate courts.[10]

She became Acting Attorney General of New York on May 8, 2018, following the resignation of Eric Schneiderman.[11] The State Legislature picked Underwood as the replacement to fill the remainder of Schneiderman's term on May 22, 2018.[12] Underwood pledged not to seek elected office and fill out the remainder of Schneiderman's term until an elected successor is sworn in.[13] As Attorney General, Underwood successfully sued Donald Trump and his foundation, Donald J. Trump Foundation, for "a pattern of persistent illegal conduct."[14][15]

The Attorney General's office passed to Letitia James following her victory in the 2018 New York state elections.[16] Underwood, who had never sought or held elective office, professed contentment when she returned to the Solicitor General's office in January 2019.[16] "I like that role, and so I'm happy to go back to doing it," she told an AP interviewer at the time. "I have come to like this too. It's not that I'm eager to leave this, but I'm very happy to be going on to something that I know I like."[16] Underwood left the office having made history as the first woman to serve as Attorney General of New York.[17]

On November 30, 2020, as Solicitor General of New York, Underwood argued the case Trump v. New York on behalf of New York State.[18]

On November 3, 2021, as Solicitor General of New York, Underwood argued the case New York State Rifle & Pistol Association, Inc. v. Bruen on behalf of respondents.[19]

Honors and awards

[edit]

In 2012, the American Inns of Court presented her with its Professionalism Award for the Second Circuit, honoring her mentorship of attorneys throughout her career.[20] In May 2016, Radcliffe College conferred on her an honorary membership in Phi Beta Kappa.[21][22]

Family

[edit]

Underwood has lived in New York City since 1982. She was married to Martin Halpern, a former Brandeis University professor of playwriting and dramatic literature, who died on September 10, 2023.[1][23] Underwood lives in Brooklyn and has one son, Robert, born in 1986.[1] Underwood had one previous marriage which ended in divorce.[1] Underwood is Jewish.[24]

Selected publications

[edit]
  • Underwood, Barbara D. (1977). "Comment: The Thumb on the Scales of Justice: Burdens of Persuasion in Criminal Cases". Yale Law Journal. 86: 1299. doi:10.2307/795788. JSTOR 795788.
  • Underwood, Barbara D. (1979). "Law and the Crystal Ball: Predicting Behavior with Statistical Inference and Individualized Judgment". Yale Law Journal. 88 (7): 1408–1448. doi:10.2307/795726. JSTOR 795726.
  • Underwood, Barbara D. (1981). "Against Dichotomy". Yale Law Journal. 90 (5): 1004–1006. doi:10.2307/795936. JSTOR 795936.

See also

[edit]

References

[edit]
  1. ^ a b c d e Hoffman, Jan (April 9, 1998). "Public Lives; Smart Lawyer for a Rich, Querulous Uncle". The New York Times. ISSN 0362-4331. Retrieved February 9, 2017.
  2. ^ "Barbara Underwood Is Planning Nuptials". New York Times. January 16, 1964. Retrieved June 14, 2018.
  3. ^ "Senior Staff | www.ag.ny.gov". ag.ny.gov. Archived from the original on February 11, 2017. Retrieved February 9, 2017.
  4. ^ Kurtz, Howard (October 27, 1987). "The Private Public Prosecutor". Washington Post. Retrieved September 28, 2017.
  5. ^ "Here's Attorney General-Elect Eric Schneiderman's First Round Of Appointments". NY Daily News. December 22, 2010. Retrieved February 9, 2017.
  6. ^ Mustain, Gene (June 9, 1996). "Court Opens Spy Heaing". New York Daily News. Retrieved May 10, 2017.
  7. ^ "Underwood Appointed Principal Deputy Solicitor General" (Press release). United States Department of Justice. March 11, 1998. Retrieved May 8, 2018.
  8. ^ Groll, Elias J.; Jiang, Athena Y. (January 5, 2009). "Obama Names Law School Dean Solicitor General". www.thecrimson.com. Retrieved February 9, 2017.
  9. ^ "Attorney General Andrew Cuomo appoints top legal team to Martin Tankleff case". New York Daily News. Associated Press. January 18, 2008. Retrieved May 9, 2017.
  10. ^ "Cases argued by Barbara Underwood". Oyez!. Retrieved April 4, 2017.
  11. ^ Roy, Yancey (May 8, 2018). "Acting AG named as Dems mull replacement". Newsday. Retrieved May 8, 2018.
  12. ^ Colby Hamilton. "Lawmakers Select Underwood as Interim Attorney General." New York Law Journal. May 22, 2018.
  13. ^ Karen Dewitt "Barbara Underwood named interim NYS Attorney General" WXXI News May 22, 2018
  14. ^ Mangan, Dan (June 14, 2018). "New York attorney general sues Trump and family over charity, claiming 'illegal conduct'". CNBC. Retrieved June 14, 2018.
  15. ^ Prokop, Andrew (June 14, 2018). "Read: New York attorney general's new lawsuit against Trump Foundation, President Trump, and his children". Vox. Retrieved June 14, 2018.
  16. ^ a b c "New York's 1st female attorney general closes surprise tenure as leading Trump antagonist". The Associated Press. January 1, 2019. Retrieved January 1, 2019.
  17. ^ McKinley, Jesse (May 22, 2018). "Barbara Underwood approved as state attorney general; first woman to hold post". The New York Times. Retrieved May 24, 2018.
  18. ^ "[Trump v. New York] Oral Argument | C-SPAN.org".
  19. ^ "20-843_7m5e.pdf". SupremeCourt.gov.
  20. ^ "The Honorable Barbara D. Underwood to Receive the 2012 American Inns of Court Professionalism Award for the Second Circuit". Inns of Court. Archived from the original on April 5, 2017. Retrieved April 4, 2017.
  21. ^ Nguyen, Sophia (May 24, 2016). "Poet and Renaissance Scholar Launch Commencement Week". Harvard Magazine. Retrieved September 28, 2017.
  22. ^ Colby Hamilton. "Lawmakers Select Underwood as Interim Attorney General." New York Law Journal. May 22, 2018.
  23. ^ "Barbara Underwood Marries a Playwright". New York Times. August 5, 1985. Retrieved September 28, 2017.
  24. ^ Underwood, Barbara [@newyorkstateag] (August 15, 2017). "I am Jewish. There are New Yorkers still alive today who fought against Nazis, or survived the concentration camps" (Tweet). Retrieved December 18, 2018 – via Twitter.
[edit]
Legal offices
Preceded by Solicitor General of the United States
Acting
2001 		Succeeded by
Preceded by Solicitor General of New York
2007–present 		Incumbent
Preceded by Attorney General of New York
2018 		Succeeded by
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