Arthur Raymond Randolph
Encyclopedia
Arthur Raymond Randolph (born November 1, 1943) is a federal judge
on the United States Court of Appeals for the District of Columbia Circuit
. He was appointed to the Court in 1990 and assumed senior status
on November 1, 2008.
He earned a B.S.
from Drexel University
in 1966, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania
, summa cum laude. Judge Randolph ranked first in his law school class and was managing editor of the Law Review.
Judge Randolph then clerked for 2nd Circuit
Judge Henry Friendly
, which began a career in law in Washington, D.C.
, moving between private practice, government, and academia.
He started as the Assistant to the United States Solicitor General
for three years, went into private practice briefly, and returned as the Deputy U.S. Solicitor General from 1975 to 1977. He also taught at Georgetown University Law Center
from 1974 to 1978. In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives
, remaining in this position until 1980. He then stayed in private practice, becoming a partner at Pepper, Hamilton & Scheetz
, until he moved to the bench in 1990. He held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985-90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee. From 1971-1990, Judge Randolph argued 25 times in the United States Supreme Court. President
George H.W. Bush nominated him to replace the seat vacated by Spottswood William Robinson III
.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States
, and from 1995 to 1998 served as the Committee's chairman.
Judge Randolph took senior status
effective November 1, 2008.
Judge Randolph is married to the Honorable Eileen J. O'Connor, Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist and writer living in San Francisco.
was the first appeal before the D.C. Circuit challenging the Bush Administration
's policies regarding detention of suspected terrorists at Guantanamo Bay
. In Al Odah, Judge Randolph wrote for a unanimous majority that the detainees at Guantanamo Bay did not have rights under the United States Constitution
. That decision was reversed by the Supreme Court
in Rasul v. Bush
. The United States Congress
subsequently passed the Detainee Treatment Act
, which was intended to reverse the effect of the Supreme Court's decision in Rasul
.
Judge Randolph also wrote the majority opinion for the D.C. Circuit in Hamdan v. Rumsfeld
. Hamdan involved a challenge to the Bush Administration's military commissions
to try designated "enemy combatants" at Guantanamo Bay. Judge Randolph held for a unanimous court that the Administration had authority to conduct the commissions
and that they were not in violation of the Geneva Conventions
. Judge Stephen Williams
concurred in the judgment, disagreeing on the latter point. The Supreme Court
reversed the D.C. Circuit in Hamdan v. Rumsfeld
. Again, the United States Congress
passed legislation, this time the Military Commissions Act of 2006
, to reverse the effect of the Supreme Court's ruling.
Rasul v. Bush
became Boumediene v. Bush
when it came again before the D.C. Circuit. Judge Randolph again wrote the majority opinion. In Boumediene the court upheld the Military Commissions Act, which stripped the federal courts of jurisdiction to hear petitions of habeas corpus from aliens detained by the US Military. This time Judge Judith Rogers
dissented. The petitioners in Boumediene asked the Supreme Court to reverse Judge Randolph's opinion. The Court denied their petition, but, in an unusual move, later reversed itself and granted certiorari, then reversed.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. He was appointed to the Court in 1990 and assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on November 1, 2008.
Biography
Randolph was born in Riverside, New Jersey.He earned a B.S.
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
from Drexel University
Drexel University
Drexel University is a private research university with the main campus located in Philadelphia, Pennsylvania, USA. It was founded in 1891 by Anthony J. Drexel, a noted financier and philanthropist. Drexel offers 70 full-time undergraduate programs and accelerated degrees...
in 1966, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
, summa cum laude. Judge Randolph ranked first in his law school class and was managing editor of the Law Review.
Judge Randolph then clerked for 2nd Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
Judge Henry Friendly
Henry Friendly
Henry Jacob Friendly was a prominent judge in the United States, who sat on the United States Court of Appeals for the Second Circuit from 1959 through 1974 and in senior status until his death by suicide in 1986.- Before the bench :Judge Friendly graduated from...
, which began a career in law in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, moving between private practice, government, and academia.
He started as the Assistant to the United States Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
for three years, went into private practice briefly, and returned as the Deputy U.S. Solicitor General from 1975 to 1977. He also taught at Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
from 1974 to 1978. In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, remaining in this position until 1980. He then stayed in private practice, becoming a partner at Pepper, Hamilton & Scheetz
Pepper Hamilton LLP
Pepper Hamilton LLP is a U.S. law firm with 11 offices and around 500 attorneys. The firm is ranked among the 100 largest firms by revenue in the United States...
, until he moved to the bench in 1990. He held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985-90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee. From 1971-1990, Judge Randolph argued 25 times in the United States Supreme Court. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George H.W. Bush nominated him to replace the seat vacated by Spottswood William Robinson III
Spottswood William Robinson III
Spottswood William Robinson III was an educator, civil rights attorney and judge.In the early 1950s, Robinson and his law-partner Oliver Hill litigated several civil rights lawsuits in Virginia. In 1951, Robinson and Hill took up the cause of the African American students at the segregated R.R...
.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States
Judicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...
, and from 1995 to 1998 served as the Committee's chairman.
Judge Randolph took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
effective November 1, 2008.
Judge Randolph is married to the Honorable Eileen J. O'Connor, Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist and writer living in San Francisco.
Guantanamo Bay
Al Odah v. United StatesAl Odah v. United States
Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention, without charge, of Guantanamo detainees. The case is in many ways a continuation of the landmark Center for Constitutional Rights case Rasul v....
was the first appeal before the D.C. Circuit challenging the Bush Administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
's policies regarding detention of suspected terrorists at Guantanamo Bay
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
. In Al Odah, Judge Randolph wrote for a unanimous majority that the detainees at Guantanamo Bay did not have rights under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. That decision was reversed by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in Rasul v. Bush
Rasul v. Bush
Rasul v. Bush, 542 U.S. 466 , is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned...
. The United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
subsequently passed the Detainee Treatment Act
Detainee Treatment Act
The Detainee Treatment Act of 2005 is an Act of the United States Congress that prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay; requires military interrogations to be performed according to the U.S...
, which was intended to reverse the effect of the Supreme Court's decision in Rasul
Rasul
In Islam, an Apostle or Messenger is a prophet sent by God.According to the Qur'an, God sent many prophets to mankind. The five universally acknowledged messengers in Islam are Abraham, Moses, David, Jesus and Muhammad, as each is believed to have been sent with a scripture...
.
Judge Randolph also wrote the majority opinion for the D.C. Circuit in Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
. Hamdan involved a challenge to the Bush Administration's military commissions
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
to try designated "enemy combatants" at Guantanamo Bay. Judge Randolph held for a unanimous court that the Administration had authority to conduct the commissions
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
and that they were not in violation of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
. Judge Stephen Williams
Stephen Williams
Steven or Stephen Williams may refer to:*Stephen Williams , archaeologist at Harvard University*Stephen Williams , former Gloucestershire cricketer*Stephen Williams , former Cornwall cricketer...
concurred in the judgment, disagreeing on the latter point. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
reversed the D.C. Circuit in Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
. Again, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed legislation, this time the Military Commissions Act of 2006
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
, to reverse the effect of the Supreme Court's ruling.
Rasul v. Bush
Rasul v. Bush
Rasul v. Bush, 542 U.S. 466 , is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned...
became Boumediene v. Bush
Boumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
when it came again before the D.C. Circuit. Judge Randolph again wrote the majority opinion. In Boumediene the court upheld the Military Commissions Act, which stripped the federal courts of jurisdiction to hear petitions of habeas corpus from aliens detained by the US Military. This time Judge Judith Rogers
Judith Ann Wilson Rogers
Judith Ann Wilson Rogers is a judge on the United States Court of Appeals for the District of Columbia Circuit. She was nominated by President Bill Clinton to replace current Associate Justice Clarence Thomas. She joined the circuit in 1994.She received an A.B. from Radcliffe College in 1961,...
dissented. The petitioners in Boumediene asked the Supreme Court to reverse Judge Randolph's opinion. The Court denied their petition, but, in an unusual move, later reversed itself and granted certiorari, then reversed.