David L. Bazelon

From Infogalactic: the planetary knowledge core
(Redirected from David Bazelon)
Jump to: navigation, search
David L. Bazelon
Davidlbazelon.jpg
Senior Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
June 30, 1979 – February 19, 1993
Chief Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
1962–1978
Preceded by Wilbur Kingsbury Miller
Succeeded by J. Skelly Wright
Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
October 21, 1949 – June 30, 1979
Appointed by Harry S. Truman
Preceded by Seat established by 63 Stat. 493
Succeeded by Harry T. Edwards
Personal details
Born David Lionel Bazelon
(1909-09-03)September 3, 1909
Superior, Wisconsin
Died February 19, 1993(1993-02-19) (aged 83)
Washington, D.C.
Education Northwestern University (B.S.L.)
read law

David Lionel Bazelon (3 September 1909 – 19 February 1993) was a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.

Education and career

Bazelon was born in Superior, Wisconsin,[1] the son of Lena (Krasnovsky) and Israel Bazelon, a general store proprietor.[2][3] His parents were Russian Jewish immigrants.[4] Bazelon grew up in Chicago, Illinois[citation needed] and earned a Bachelor of Science in Law from Northwestern University in 1931.[1] He read law to enter the bar in 1932.[1] He entered private practice in Chicago from 1932 to 1935.[1] He was an Assistant United States Attorney for the Northern District of Illinois from 1935 to 1946.[1] He then worked as the United States Assistant Attorney General for the Public Lands Division of the United States Department of Justice from 1946 to 1949.[1]

Federal judicial service

Bazelon received a recess appointment from President Harry S. Truman on October 21, 1949, to the United States Court of Appeals for the District of Columbia Circuit, to a new seat authorized by 63 Stat. 493.[1] At 40 years of age, he was the youngest person ever appointed to that court.[citation needed] He was nominated to the same position by President Truman on January 5, 1950.[1] He was confirmed by the United States Senate on February 8, 1950, and received his commission on February 10, 1950.[1] He served as Chief Judge from 1962 to 1978.[1] He was a member of the Judicial Conference of the United States from 1963 to 1977.[1] He assumed senior status on June 30, 1979.[1] He was the last appeals court judge who continued to serve in active service appointed by President Truman. He assumed inactive senior status in 1985 due to the onset of Alzheimer's disease.[5] His service terminated on February 19, 1993, due to his death of that condition.[5]

Bazelon was elected a Fellow of the American Academy of Arts and Sciences in 1970.[6]

Influencing the United States Supreme Court

Bazelon was for decades the senior judge on the United States Court of Appeals for the District of Columbia Circuit, and a close associate of Justice William J. Brennan Jr., whom he had met in 1956.[7] Justice William O. Douglas and President Lyndon B. Johnson would be their sometime companions on trips to baseball games.[8]

Bazelon served with Warren E. Burger on the D.C. Circuit for over a decade, and the two grew to be not just professional rivals, but personal enemies as well.[9]

The Washington Post would note in 1981 that during the Warren Court era, lawyers who wanted a Bazelon opinion upheld would do well to mention the judge's name as many times as possible in their briefs... "One mention of this name was worth 100 pages of legal research."[8]

Bazelon became a primary source of Justice Brennan's law clerks.[10]

Judicial career

Bazelon had a broad view of the reach of the Constitution.[9] Conservatives viewed the judge as dangerous for his tendency to rule in favor of the lower class, the mentally ill, and defendants.[9] Bazelon authored many far-reaching decisions on topics as diverse as the environment, the eighteen-year-old vote, discrimination, and the insanity defense.[9] Many of his "radical" rulings were upheld by the Supreme Court.[8]

In Rouse v. Cameron, 373 F.2d 451 (D.C. Cir. 1966), Bazelon, writing for the court, became the first appellate judge to say that civilly committed mental patients had a "right to treatment."[11]

Feud with Burger

Bazelon was the nemesis of Chief Justice Warren E. Burger beginning from the time both served on the Court of Appeals.[12] Bazelon was a nationally recognized advocate for the rights of the mentally ill, and his opinion in 1954's Durham v. United States (which adopted a new criminal insanity test) set off a long clash between the two judges.[12] Under Bazelon's Durham rule, a defendant would be excused from criminal responsibility if a jury found that the unlawful act was "the product of mental disease or mental defect," rather than the product of an "irresistible impulse" (which was the old test).[12] Burger found the Durham rule deeply objectionable, and this was one of many serious disagreements the two would have over the course of their careers.[12] Bazelon's reach extended to Burger's tenure on the Supreme Court, thanks to Bazelon's close friendship with Justice William J. Brennan Jr.[citation needed]

Legacy

Bazelon's former law clerks include prominent figures such as Loftus Becker, Alan Dershowitz, Martha Minow, Thomas Merrill, John Sexton, Robert Post, David O. Stewart, Eleanor Swift, Barbara Underwood, and John Koskinen.[citation needed] The Bazelon Center for Mental Health Law, an organization devoted to legal advocacy on behalf of persons with mental disabilities, is named after him.[citation needed] Bazelon also became a very high-profile critic of the American Correctional Association, resigning from its accreditation committee. He was very disturbed by what he discovered to be an unaccountable organization that failed in its task, of insuring the professional and humane operations of prisons it evaluated.[13]

Personal life

Bazelon was married to child welface advocate Miriam (Kellner) Bazelon.[14] Bazelon's granddaughters are journalist and editor Emily Bazelon and University of San Francisco law professor Lara Bazelon.[15]

Notes

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11
  2. Berger, Marilyn (21 February 1993). "David Bazelon Dies at 83; Jurist Had Wide Influence" – via NYTimes.com.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  3. [1]
  4. "David L. Bazelon Papers, 1941-1993 and undated". dla.library.upenn.edu.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  5. 5.0 5.1 Staff, From Times; Reports, Wire (1993-02-22). "David Bazelon; Retired Appellate Judge". Los Angeles Times. Retrieved 2017-12-08.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  6. "Book of Members, 1780-2010: Chapter B" (PDF). American Academy of Arts and Sciences. Retrieved May 28, 2011.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  7. Eisler, Kim Isaac (1993). A Justice for All: William J. Brennan, Jr., and the decisions that transformed America. Pages 15, 202. New York: Simon & Schuster. ISBN 0-671-76787-9
  8. 8.0 8.1 8.2 Eisler, 203.
  9. 9.0 9.1 9.2 9.3 Eisler, 202.
  10. Eisler, 203 and 235.
  11. "The Evolution of Disability Rights Litigation: In the Supreme Court: The Right to Treatment". Mn.gov. Retrieved 2015-02-13.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  12. 12.0 12.1 12.2 12.3 Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 24.
  13. Judge quits panel on prison ratings. The New York Times, Wendell Rawls Jr., August 8, 1982. Retrieved November 3, 2015.
  14. https://www.washingtonpost.com/local/obituaries/miriam-bazelon-knox-child-welfare-advocate-dies-at-96/2011/05/23/AF1Jz29G_story.html
  15. https://www.usfca.edu/law/faculty/lara-bazelon

References

  • Russo, Gus (2007). Supermob: How Sidney Korshak and His Criminal Associates Became America's Hidden Power Brokers. New York: Bloomsbury.CS1 maint: ref=harv (link)<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>

External links

Legal offices
Preceded by
Seat established by 63 Stat. 493
Judge of the United States Court of Appeals for the District of Columbia Circuit
1949–1979
Succeeded by
Harry T. Edwards
Preceded by
Wilbur Kingsbury Miller
Chief Judge of the United States Court of Appeals for the District of Columbia Circuit
1962–1978
Succeeded by
J. Skelly Wright