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{{Short description|American judge (born 1942)}}
{{BLP sources|date=September 2011}}
{{BLP sources|date=September 2011}}
{{Infobox judge
{{Infobox officeholder
| honorific-prefix =
| honorific-prefix =
| name = David Alan Faber
| name = David Alan Faber
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| alt =
| alt =
| caption =
| caption =
| office = Senior Judge of the [[United States District Court for the Southern District of West Virginia]]
| office = [[Senior status|Senior Judge]] of the [[United States District Court for the Southern District of West Virginia]]
| term_start = December 31, 2008
| term_start = December 31, 2008
| term_end =
| term_end =
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| term_end1 = 2007
| term_end1 = 2007
| predecessor1 = [[Charles Harold Haden II]]
| predecessor1 = [[Charles Harold Haden II]]
| successor1 = [[Joseph Robert Goodwin]]
| successor1 = [[Joseph R. Goodwin]]
| office2 = Judge of the [[United States District Court for the Southern District of West Virginia]]
| office2 = Judge of the [[United States District Court for the Southern District of West Virginia]]
| term_start2 = November 21, 1991
| term_start2 = November 21, 1991
| term_end2 = December 31, 2008
| term_end2 = December 31, 2008
| nominator2 =
| appointer2 = [[List of federal judges appointed by George H. W. Bush|George H. W. Bush]]
| appointer2 = [[List of federal judges appointed by George H. W. Bush|George H. W. Bush]]
| predecessor2 = ''Seat established by 104 Stat. 5089''
| predecessor2 = ''Seat established by 104 Stat. 5089''
| successor2 = [[Irene C. Berger]]
| successor2 = [[Irene Berger]]
| pronunciation =
| pronunciation =
| birth_name = David Alan Faber
| birth_name = David Alan Faber
| birth_date = {{Birth date and age|1942|10|21}}
| birth_date = {{Birth date and age|1942|10|21}}
| birth_place = [[Charleston, West Virginia|Charleston]], [[West Virginia]]
| birth_place = [[Charleston, West Virginia]], U.S.
| death_date =
| death_date =
| death_place =
| death_place =
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| relatives =
| relatives =
| residence =
| residence =
| education = {{nowrap|[[West Virginia University]] <small>[[Bachelor of Arts|A.B.]]</small>}}<br>[[Yale Law School]] <small>[[Juris Doctor|J.D.]]</small>
| education = [[West Virginia University]] ([[Bachelor of Arts|AB]])<br>[[Yale Law School|Yale University]] ([[Juris Doctor|JD]])<br>{{nowrap|[[University of Cambridge]] ([[Doctor of Philosophy|PhD]])}}<br>[[University of Virginia School of Law|University of Virginia]] ([[Master of Laws|LLM]])
| alma_mater =
| occupation =
| profession =
| known_for =
| salary =
| net_worth =
| cabinet =
| committees =
| portfolio =
| religion =
| awards =
| signature =
| signature_alt =
| website =
<!--Embedded templates / Footnotes-->
<!--Embedded templates / Footnotes-->
| footnotes =
| footnotes =
}}
}}
'''David Alan Faber''' (born October 21, 1942) is a [[Senior Status|Senior]] [[United States federal judge|United States District Judge]] of the [[United States District Court for the Southern District of West Virginia]].
'''David Alan Faber''' (born October 21, 1942) is a [[Senior status|senior]] [[United States federal judge|United States district judge]] of the [[United States District Court for the Southern District of West Virginia]].


==Education and career==
==Education and career==


Born in [[Charleston, West Virginia|Charleston]], [[West Virginia]], Faber graduated from [[Sissonville High School]] and received an [[Bachelor of Arts|Artium Baccalaureus]] degree from [[West Virginia University]] in 1964 and a [[Juris Doctor]] from [[Yale Law School]] in 1967. He was in private practice in Charleston from 1967 to 1968. He was in the [[United States Air Force]], [[JAG Corps]] from 1968 to 1972, and was then in the [[United States Naval Reserve]] from 1973 to 1977. He returned to private practice in Charleston from 1972 to 1981, and was in the West Virginia Air National Guard from 1978 to 1992. He was the [[United States Attorney]] for the Southern District of West Virginia from 1981 to 1986, again returning to private practice in Charleston from 1987 to 1991, also serving as a special part-time Assistant United States Attorney for the Northern District of West Virginia from 1988 to 1990.<ref name="fjc.gov">{{cite web|url=https://www.fjc.gov/history/judges/faber-david-.|title=Faber, David A. - Federal Judicial Center|website=www.fjc.gov}}</ref> Judge Faber earned his [[Doctor of Philosophy|Ph.D.]] in history from the [[University of Cambridge]]. He earned his [[LLM]] from the [[University of Virginia School of Law|University of Virginia]].
Feber was born in [[Charleston, West Virginia]]. He graduated from [[Sissonville High School]] and received an [[Bachelor of Arts|Artium Baccalaureus]] degree from [[West Virginia University]] in 1964 and a [[Juris Doctor]] from [[Yale Law School]] in 1967. He was in private practice in Charleston from 1967 to 1968. He was in the [[United States Air Force]], [[JAG Corps]] from 1968 to 1972, and was then in the [[United States Naval Reserve]] from 1973 to 1977. He returned to private practice in Charleston from 1972 to 1981, and was in the West Virginia Air National Guard from 1978 to 1992. He was the [[United States Attorney]] for the Southern District of West Virginia from 1981 to 1986, again returning to private practice in Charleston from 1987 to 1991, also serving as a special part-time [[assistant United States attorney]] for the Northern District of West Virginia from 1988 to 1990.<ref name="fjc.gov">{{FJC Bio|nid=1380591|inline=yes}}</ref> Faber earned his [[Doctor of Philosophy]] in history from the [[University of Cambridge]]. He earned his [[Master of Laws]] from the [[University of Virginia School of Law]].


==Federal judicial service==
===Federal judicial service===


On August 1, 1991, Faber was nominated by President [[George H. W. Bush]] to a new seat on the [[United States District Court for the Southern District of West Virginia]] created by 104 Stat. 5089. He was confirmed by the [[United States Senate]] on November 21, 1991, and received his commission on November 25, 1991. He served as Chief Judge from 2002 to 2007, assuming [[senior status]] on December 31, 2008.<ref name="fjc.gov"/> Judge Faber sits by designation on the [[United States Court of Appeals for the Fourth Circuit]] and the [[United States Court of Appeals for the Ninth Circuit]].
On August 1, 1991, Faber was nominated by President [[George H. W. Bush]] to a new seat on the [[United States District Court for the Southern District of West Virginia]] created by 104 Stat. 5089. He was confirmed by the [[United States Senate]] on November 21, 1991, and received his commission on November 25, 1991. He served as Chief Judge from 2002 to 2007, assuming [[senior status]] on December 31, 2008.<ref name="fjc.gov"/> Faber sits by designation on the [[United States Court of Appeals for the Fourth Circuit]] and the [[United States Court of Appeals for the Ninth Circuit]].

Among Judge Faber's most notable opinions is his separate opinion (concurring in part and concurring in the judgment) in the [[Disparate impact|disparate-impact liability]] case ''[http://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/27/15-55576.pdf Hardie v. NCAA]'', 2017 WL 2766096 (9th Cir. 2017), where Judge Faber stated:

1) When the courts racially balance the participants in public accommodations, they impose what is effectively a quota—be it fixed or moving. This quota arrangement confines a participant to the playing room allotted to her race; like Linda Brown and her contemporaries more than sixty-three years ago, today's participant must learn to tailor her aspirations to the quota system's ingenious ''[[separate but equal]]'' regime''. See [[Brown v. Board of Education]]'', 347 U.S. 483 (1954). Shifting quotas such as those which disparate-impact liability foists on us are “[g]overnment action[s]” that “divid[e] us by race.” ''[[Parents Involved in Community Schools v. Seattle School District No. 1|Parents Involved in Community Schools v. Seattle School Dist. No. 1]]'', 551 U.S. 701, 746 (2007) (plurality opinion). They are “inherently suspect because such classifications promote notions of racial inferiority and lead to a politics of racial hostility, reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin, and endorse race-based reasoning and the conception of a Nation divided into racial blocs, thus contributing to an escalation of racial hostility and conflict.” ''Id.'' (plurality opinion) (citations and internal quotation marks omitted). “One of the principal reasons race is treated as a forbidden classification is that it demeans the dignity and worth of a person to be judged by ancestry instead of by his or her own merit and essential qualities.” ''[[Rice v. Cayetano]]'', 528 U.S. 495, 517 (2000).

2) Since an impartial sovereign ordinarily may not make one set of rules for one race and another set of rules for another race, disparate-impact liability triggers equal-protection concerns. ''See [[Hampton v. Mow Sun Wong]]'', 426 U.S. 88, 100 (1976) (“The federal sovereign, like the States, must govern impartially.”); ''[[Bolling v. Sharpe]]'', 347 U.S. 497, 499 (1954) (“Classifications based solely upon race must be scrutinized with particular care, since they are contrary to our traditions, and hence constitutionally suspect.”).

3) Title II—“All persons shall be entitled to the full and equal enjoyment ... without [[discrimination]] or [[segregation]]”—does not allow disparate-impact liability.

4) Private groups have the right, one with robust constitutional dimensions, to decide with whom they will associate, ''see'' ''[[Boy Scouts of America v. Dale]]'', 530 U.S. 640, 648 (2000) (“The forced inclusion of an unwanted person in a group infringes the group's freedom of expressive association [under the First Amendment] if the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints.”)—and no one can fault them.

5) Federal courts' application of extraneous evidence such as human resources experts', economists' and criminologists' reports is misplaced. First, considering such materials for the purposes of applying Title II to certain facts does not fall within the judicial function's province. Second, it gives litigants the license to cherry-pick the convenient evidence they wish to submit and thus the ability to game the litigation. Third, it is not something that federal judges untutored in statistics, economics, sociology, criminology, and other social sciences are even competent to ascertain and adjudicate. Even if, by dint of luck, the designated federal judge were capable of engaging in competent social-science analysis to figure out if the impact were disparate, her doing so would not elicit the public's confidence in the legitimate discharging of the judicial role. Never does [[Article Three of the United States Constitution|Article III]], when investing the “judicial [p]ower,” U.S. Const., Art. III, § 1, cl. 1, in the federal courts, allow our reasoning to be informed by “questionable social[-]science research rather than [legal] principle.” ''[[Missouri v. Jenkins]]'', 515 U.S. 70, 114 (1995) ([[Clarence Thomas|Thomas, J.]], concurring). The Framers of our Constitution would have seen the federal courts' considering such evidence as mere “pretext for” the Third Branch to “gradual[ly] and unobserved[ly] usurp[ ]” the policy-making “power” that the Constitution commits to our coordinate branches. [[The Federalist Papers|''The Federalist'' No. 42]], p. 265 (C. Rossiter ed. 1961) ([[James Madison]]).

6) That a disproportionately high number of felons might self-identify as members of any particular race(s) does not somehow convert a group's policy into a racially discriminatory one. Certainly, “[s]ome activities may be such an irrational object of disfavor that, if they are targeted, and if they also happen to be engaged in ''exclusively or predominantly'' by a particular class of people, an intent to disfavor that class can readily be presumed. A tax on wearing yarmulkes is a tax on Jews,” for instance. ''[[Bray v. Alexandria Women's Health Clinic]]'', 506 U.S. 263, 270 (1993) (emphasis added). A causal relationship between yarmulkes and Jewish people is obvious. But committing felonies is not “predominantly” co-extensive with or an essential element of self-identifying with certain races; and saying otherwise is both inaccurate and demeaning to individuals who do self-identify with those races. ''Id''. The latter assertion might be the result of invidious discrimination, of the soft bigotry of low expectations, or of both. In any event, it “rests on an assumption of [racial] inferiority.” ''[[Missouri v. Jenkins]]'', 515 U.S. 70, 114 (1995) ([[Clarence Thomas|Thomas, J]]., concurring).

7) Consulting the ''cognoscenti's'' social-science research, which frequently is fraught with flawed methodologies and philosophical, political, and other biases, to decide legal questions is tantamount to putting a thumb on the scales to produce a palatable result.

8) [[Alexander Hamilton]] believed that the federal courts would be “the best expedient which can be devised in any government” because they help “secure a steady, upright, and impartial administration of the laws” that the whole of the American People, not just the conclave of experts, have enacted. [[The Federalist Papers|''The Federalist'' No. 78]], p. 465 (C. Rossiter ed. 1961) ([[Alexander Hamilton|Alexander Hamilton)]]. Accountable to and representative of the American People, the political branches are composed of members “sufficiently numerous to feel all the passions which actuate a multitude.” [[The Federalist Papers|''The Federalist'' No. 47]], p. 332 (C. Van Doren ed. 1945) ([[James Madison]]). Neither of these traits is true of the experts or, for that matter, of the federal courts. Designed to be the “[[The Least Dangerous Branch|least dangerous]]” branch, [[The Federalist Papers|''The Federalist'' No. 78]], p. 465, one without any “political rights,” ''id''., we are empowered to exercise “neither force nor will but merely judgment,” ''id.'' (capitalization altered), when we construe our People's statutory and constitutional commands.


==References==
==References==
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==Sources==
==Sources==
* {{FJC Bio|728|nid=1380591|name=David A. Faber<!--(1942–)-->}}
* {{FJC Bio|nid=1380591}}


{{s-start}}
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{{s-end}}
{{s-end}}

{{United States 4th Circuit senior district judges}}
{{United States 4th Circuit senior district judges}}

{{Authority control}}
{{Authority control}}


{{DEFAULTSORT:Faber, David Alan}}
{{DEFAULTSORT:Faber, David Alan}}
[[Category:1942 births]]
[[Category:1942 births]]
[[Category:Living people]]
[[Category:20th-century American judges]]
[[Category:20th-century American lawyers]]
[[Category:20th-century American lawyers]]
[[Category:Living people]]
[[Category:21st-century American judges]]
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[[Category:Assistant United States Attorneys]]
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[[Category:Judges of the United States District Court for the Southern District of West Virginia]]
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[[Category:Lawyers from Charleston, West Virginia]]
[[Category:Military personnel from Charleston, West Virginia]]
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[[Category:United States Air Force officers]]
[[Category:United States Attorneys for the Southern District of West Virginia]]
[[Category:United States Attorneys for the Southern District of West Virginia]]
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[[Category:Judges of the United States District Court for the Southern District of West Virginia]]
[[Category:United States district court judges appointed by George H. W. Bush]]
[[Category:United States district court judges appointed by George H. W. Bush]]
[[Category:20th-century American judges]]
[[Category:United States Navy officers]]
[[Category:Lawyers from Charleston, West Virginia]]
[[Category:West Virginia lawyers]]
[[Category:Military personnel from West Virginia]]
[[Category:West Virginia National Guard personnel]]
[[Category:West Virginia University alumni]]
[[Category:West Virginia University alumni]]
[[Category:Yale Law School alumni]]
[[Category:Yale Law School alumni]]
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[[Category:West Virginia lawyers]]
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[[Category:United States Air Force personnel]]
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[[Category:United States Navy personnel]]
[[Category:West Virginia National Guard personnel]]

Latest revision as of 05:54, 31 July 2024

David Alan Faber
Senior Judge of the United States District Court for the Southern District of West Virginia
Incumbent
Assumed office
December 31, 2008
Chief Judge of the United States District Court for the Southern District of West Virginia
In office
2002–2007
Preceded byCharles Harold Haden II
Succeeded byJoseph R. Goodwin
Judge of the United States District Court for the Southern District of West Virginia
In office
November 21, 1991 – December 31, 2008
Appointed byGeorge H. W. Bush
Preceded bySeat established by 104 Stat. 5089
Succeeded byIrene Berger
Personal details
Born
David Alan Faber

(1942-10-21) October 21, 1942 (age 82)
Charleston, West Virginia, U.S.
EducationWest Virginia University (AB)
Yale University (JD)
University of Cambridge (PhD)
University of Virginia (LLM)

David Alan Faber (born October 21, 1942) is a senior United States district judge of the United States District Court for the Southern District of West Virginia.

Education and career

[edit]

Feber was born in Charleston, West Virginia. He graduated from Sissonville High School and received an Artium Baccalaureus degree from West Virginia University in 1964 and a Juris Doctor from Yale Law School in 1967. He was in private practice in Charleston from 1967 to 1968. He was in the United States Air Force, JAG Corps from 1968 to 1972, and was then in the United States Naval Reserve from 1973 to 1977. He returned to private practice in Charleston from 1972 to 1981, and was in the West Virginia Air National Guard from 1978 to 1992. He was the United States Attorney for the Southern District of West Virginia from 1981 to 1986, again returning to private practice in Charleston from 1987 to 1991, also serving as a special part-time assistant United States attorney for the Northern District of West Virginia from 1988 to 1990.[1] Faber earned his Doctor of Philosophy in history from the University of Cambridge. He earned his Master of Laws from the University of Virginia School of Law.

Federal judicial service

[edit]

On August 1, 1991, Faber was nominated by President George H. W. Bush to a new seat on the United States District Court for the Southern District of West Virginia created by 104 Stat. 5089. He was confirmed by the United States Senate on November 21, 1991, and received his commission on November 25, 1991. He served as Chief Judge from 2002 to 2007, assuming senior status on December 31, 2008.[1] Faber sits by designation on the United States Court of Appeals for the Fourth Circuit and the United States Court of Appeals for the Ninth Circuit.

References

[edit]
  1. ^ a b David A. Faber at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.

Sources

[edit]
Legal offices
Preceded by
Seat established by 104 Stat. 5089
 Judge of the United States District Court for the Southern District of West Virginia
1991–2008 		Succeeded by
Preceded by Chief Judge of the United States District Court for the Southern District of West Virginia
2002–2007 		Succeeded by
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