Jerry Edwin Smith
Encyclopedia
Jerry Edwin Smith is a judge
on the United States Court of Appeals for the Fifth Circuit
. He was nominated by President
Ronald Reagan
on June 2, 1987 and confirmed by the Senate
on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat. 333, two days later.
Smith attended Yale University
and Yale Law School
, earning his bachelor's degree in 1969 and his J.D.
in 1972. After law school, he clerked for Judge Halbert O. Woodward on the United States District Court for the Northern District of Texas
.
Smith later served as the director of the Harris County
Housing Authority (1978–1980), Special Assistant Attorney General of Texas (1981–1982), chairman of the Houston Civil Service Commission (1982–1984), and the City Attorney for Houston, Texas
(1984–1987).
Prior to his appointment, Smith was active in Republican
politics.
, 78 F.3d 932 (5th Cir. 1996), in which the Fifth Circuit struck down the use of affirmative action in admissions at the University of Texas School of Law
. Seven years later, the decision was abrogated by the U.S. Supreme Court's decision in Grutter v. Bollinger
, 539 U.S. 306 (2003).
In Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991), Judge Smith wrote the panel opinion which required the United States Environmental Protection Agency
to use cost-benefit analysis
when deciding whether to ban a toxic substance.
In Regents of the University of California v. Credit Suisse First Boston, 482 F.3d 372 (5th Cir. 2007), Judge Smith wrote the majority opinion barring securities fraud claims against third parties who aided in securities fraud but did not directly mislead investors. The decision was upheld by the Supreme Court in Stoneridge Investment Partners v. Scientific-Atlanta
, 552 U.S. 148 (2008).
Smith was one of three judges on a panel that heard the appeal to Hornbeck Offshore Services LLC v. Salazar
, a case challenging the U.S. Department of the Interior's
six-month moratorium on exploratory drilling in deep water
that was adopted in the wake of the Deepwater Horizon explosion
and the subsequent oil spill
. The Fifth Circuit panel denied the government's emergency request to stay the lower court's decision pending appeal.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
. He was nominated by President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on June 2, 1987 and confirmed by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat. 333, two days later.
Smith attended Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
and Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, earning his bachelor's degree in 1969 and his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
in 1972. After law school, he clerked for Judge Halbert O. Woodward on the United States District Court for the Northern District of Texas
United States District Court for the Northern District of Texas
The United States District Court for the Northern District of Texas is a United States district court. Its first judge, Andrew Phelps McCormick, was appointed to the court on April 10, 1879. The court convenes in Dallas, Texas with divisions in Fort Worth, Amarillo, Abilene, Lubbock, San Angelo...
.
Smith later served as the director of the Harris County
Harris County, Texas
As of the 2010 Census, the population of the county was 4,092,459, White Americans made up 56.6% of Harris County's population; non-Hispanic whites represented 33.0% of the population. Black Americans made up 18.9% of the population. Native Americans made up 0.7% of Harris County's population...
Housing Authority (1978–1980), Special Assistant Attorney General of Texas (1981–1982), chairman of the Houston Civil Service Commission (1982–1984), and the City Attorney for Houston, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
(1984–1987).
Prior to his appointment, Smith was active in Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
politics.
Notable cases
Judge Smith wrote the majority opinion in Hopwood v. TexasHopwood v. Texas
Hopwood v. Texas, 78 F.3d 932 , was the first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke, 438 U.S. 265...
, 78 F.3d 932 (5th Cir. 1996), in which the Fifth Circuit struck down the use of affirmative action in admissions at the University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
. Seven years later, the decision was abrogated by the U.S. Supreme Court's decision in Grutter v. Bollinger
Grutter v. Bollinger
Grutter v. Bollinger, 539 U.S. 306 , was a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School...
, 539 U.S. 306 (2003).
In Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991), Judge Smith wrote the panel opinion which required the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
to use cost-benefit analysis
Cost-benefit analysis
Cost–benefit analysis , sometimes called benefit–cost analysis , is a systematic process for calculating and comparing benefits and costs of a project for two purposes: to determine if it is a sound investment , to see how it compares with alternate projects...
when deciding whether to ban a toxic substance.
In Regents of the University of California v. Credit Suisse First Boston, 482 F.3d 372 (5th Cir. 2007), Judge Smith wrote the majority opinion barring securities fraud claims against third parties who aided in securities fraud but did not directly mislead investors. The decision was upheld by the Supreme Court in Stoneridge Investment Partners v. Scientific-Atlanta
Stoneridge Investment Partners v. Scientific-Atlanta
Stoneridge Investment Partners v. Scientific-Atlanta, 552 U.S. 148 , was a decision by the United States Supreme Court pertaining to the scope of liability of secondary actors, such as lawyers and accountants, for securities fraud under the Securities Exchange Act of 1934. In a 5-3 decision...
, 552 U.S. 148 (2008).
Smith was one of three judges on a panel that heard the appeal to Hornbeck Offshore Services LLC v. Salazar
Hornbeck Offshore Services LLC v. Salazar
Hornbeck Offshore Services v. Salazar is an on-going case in United States federal court. In the wake of the Deepwater Horizon explosion and the subsequent oil spill, the U.S. Department of the Interior issued a six month moratorium on exploratory drilling in deep water. Plaintiffs filed suit...
, a case challenging the U.S. Department of the Interior's
United States Department of the Interior
The United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native...
six-month moratorium on exploratory drilling in deep water
2010 U.S. Deepwater Drilling Moratorium
On May 30, 2010 a 6 month moratorium on all deepwater offshore drilling on the Outer Continental Shelf was declared by U.S. Secretary of the Interior Ken Salazar...
that was adopted in the wake of the Deepwater Horizon explosion
Deepwater Horizon explosion
The Deepwater Horizon drilling rig explosion refers to the April 20, 2010 explosion and subsequent fire on the Deepwater Horizon semi-submersible Mobile Offshore Drilling Unit , which was owned and operated by Transocean and drilling for BP in the Macondo Prospect oil field about southeast of the...
and the subsequent oil spill
Deepwater Horizon oil spill
The Deepwater Horizon oil spill is an oil spill in the Gulf of Mexico which flowed unabated for three months in 2010, and continues to leak fresh oil. It is the largest accidental marine oil spill in the history of the petroleum industry...
. The Fifth Circuit panel denied the government's emergency request to stay the lower court's decision pending appeal.
Clerks
Judge Smith's former clerks who have entered academia, public service, or the arts include:- Dana BerlinerDana BerlinerDana Berliner is a senior attorney at the Institute for Justice a public interest law firm in Arlington, Virginia founded in 1991 by Chip Mellor and Clint Bolick. She was co-lead counsel for Susette Kelo in the landmark United States Supreme Court case Kelo v...
(1991-92), senior attorney at the Institute for JusticeInstitute for JusticeThe Institute for Justice is a 501 non-profit libertarian public interest law firm in the United States. Its mission is to provide pro bono legal advice and representation, litigating strategically to pursue its goal of a rule of law under which individuals can control their destinies as free and... - Thomas Dupree (1997-98), former Principal Deputy Assistant Attorney General of the United States (Civil Division)
- Justice Allison H. EidAllison H. EidAllison Hartwell Eid is the 95th Justice of the Colorado Supreme Court, having been appointed to the post in 2006 by Republican Governor Bill Owens....
(1991-92), Justice, Colorado Supreme CourtColorado Supreme CourtThe Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:... - Dimple Gupta (2001-02), former Chief Counsel for Constitutional Matters for the Senate Judiciary CommitteeUnited States Senate Committee on the JudiciaryThe United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
- Jim Hawkins (2006-07), Professor of Law, University of Houston Law CenterUniversity of Houston Law CenterThe University of Houston Law Center is a law school located in Houston, Texas. It is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1947, the Law Center is one of 12 academic colleges of the University of Houston...
- Stephen E. Henderson (1999-2000), Professor of Law, The University of Oklahoma College of Law
- James C. Ho (1999-2000), former Solicitor General of Texas
- Daryl Joseffer, former Principal Deputy Solicitor General of the United States; former Deputy General Counsel, Office of Management & Budget
- Julian Ku (1998-99), Professor of Law, Hofstra Law School
- Thom Lambert (1998-99), Associate Professor of Law, University of MissouriUniversity of MissouriThe University of Missouri System is a state university system providing centralized administration for four universities, a health care system, an extension program, five research and technology parks, and a publishing press. More than 64,000 students are currently enrolled at its four campuses...
School of Law - Richard T. MorrisonRichard T. MorrisonRichard T. Morrison is a judge of the United States Tax Court.Born in Kansas, Morrison received a B.A. and a B.S. from the University of Kansas in 1989 and was a visiting student at Mansfield College, Oxford University from 1987 to 1988. He received a J.D. from the University of Chicago Law...
(1993-94), Judge, United States Tax Court - David Olson (2000-01), Assistant Professor of Law, Boston College Law SchoolBoston College Law SchoolBoston College Law School is one of the six professional graduate schools at Boston College. Located approximately 1.5 miles from the main Boston College campus in Chestnut Hill, Boston College Law School is situated on a wooded campus in Newton, Massachusetts.With approximately 800 students and...
- Margaret Peterlin, former Deputy Director of the United States Patent & Trademark Office
- Ilya Somin (2001-02), Associate Professor of Law, George Mason University School of LawGeorge Mason University School of LawGeorge Mason University School of Law is the law school of George Mason University, a state university in Virginia, United States...
, and Volokh Conspiracy contributor - David H. SteinbergDavid H. SteinbergDavid H. Steinberg is a screenwriter and film director. He wrote the screenplays for American Pie 2, Slackers, National Lampoon's Barely Legal, and American Pie Presents: The Book of Love.-Career:...
(1993-94), Screenwriter - Todd ZywickiTodd ZywickiTodd J. Zywicki is George Mason University Foundation Professor of Law at George Mason University School of Law, teaching in the areas of bankruptcy and contracts, where he has taught since 1998. He taught previously at the Mississippi College School of Law, where he held a faculty position from...
(1993-94), Professor of Law, George Mason University School of LawGeorge Mason University School of LawGeorge Mason University School of Law is the law school of George Mason University, a state university in Virginia, United States...
, and Volokh Conspiracy contributor