Harry Pregerson
Harry Pregerson | |
|---|---|
| File:Pregerson.jpg | |
| Judge on United States Court of Appeals for the Ninth Circuit | |
| In office 1979–Present | |
| Nominated by | Jimmy Carter |
| Preceded by | None |
Harry Pregerson (born October 13, 1923) serves as a judge on the United States Court of Appeals for the Ninth Circuit. He was appointed to the Ninth Circuit in 1979 by President Jimmy Carter. Previous to this he was appointed to the United States District Court for the Central District of California in 1967 by President Lyndon Johnson.
He is a graduate of University of California, Los Angeles (1947) and the University of California, Berkeley Boalt Hall School of Law (1950). Judge Pregerson was also a U.S. Marine Corps First Lieutenant in World War II, during which he was severely wounded in the Battle of Okinawa.
Judicial philosophy
Pregerson's judicial philosophy is generally leaning liberal, as most judges in the Ninth Circuit. The conservative commentator Hugh Hewitt has criticized him for "judicial activism" and "rules with his heart instead of his head".[1] He ardently opposes three strikes law, despite that the Supreme Court has affirmed its constitutionality.[2]
Involvement in California recall election
Pregerson was part of an unanimous three-judge panel that ordered the postponement of 2003 California recall based on the interpretation of equal protection clause of the Fourteenth Amendment, because in the recall six counties would use the antiquated punch cards voting system.[3] However, the decision was subsequently overturned by the en banc court of Ninth Circuit.[4] Eventually, the recall was successful in removing Gray Davis from governorship and Arnold Schwarzenegger became the new governor of California.
Federalism
Judge Pregerson is a supporter of federalism and favors restraints on the power of federal government. He wrote the majority decision in the Ninth Circuit panel on Gonzales v. Raich, holding that the Interstate Commerce Clause forbade the federal government to interfere with state laws that permitted the use of medical marijuana.[5] However, the ruling was later overturned by the Supreme Court, which held that it is within Congressional power to regulate intrastate activities that are seen to influence interstate commerce, including using homegrown marijuana for medical purposes.
In the case United States v. Reynard, the circuit court upheld the DNA Analysis Backlog Elimination Act of 2000. Pregerson wrote a dissent, arguing that the act was an unconstitutional exercise of federal power.[6]
Honors
In 2002, the California Legislature officially named the giant interchange between Interstate 110 (California) and Interstate 105 (California) the "Judge Harry Pregerson Interchange" in honor of the fact that Pregerson is the longest serving judge in the history of the Ninth Circuit. Furthermore, as a district judge, he supervised the settlement of the federal lawsuit against the Century Freeway, which enabled the interchange to be built. Judge Pregerson's name is now on signs at the interchange.[7]
As a World War II veteran himself, Pregerson is an enthusiastic advocate for veterans' interests. In 2001 the Department of Veterans Affairs honored him and the then-Acting Secretary Hershel Gober presented Pregerson with a token of appreciation with the VA seal.[8]
References
- ^ The Law's Conscience Hugh Hewitt
- ^ Judge Bucks Third-Strike Rules The Recorder
- ^ [http://www.metnews.com/articles/sout091603.htm Ninth Circuit Panel Orders Recall Vote Postponed Until March] Metropolitan News
- ^ Ninth Circuit gives green light to Oct. 7 election San Francisco Chronicle
- ^ Medical pot wins a legal victory: U.S. appeals court ruling is likely to face a challenge San Francisco Chronicle
- ^ United States v. Reynard Ninth Circuit
- ^ ACR 142 Assembly Concurrent Resolution
- ^ Judge Honored by VA for Work With Homeless Vets The Third Branch