Priscilla Owen
Encyclopedia
Priscilla Richman Owen is a federal judge
on the United States Court of Appeals for the Fifth Circuit
. She was previously a Justice on the Texas Supreme Court
.
. Her earliest years were spent on her family's farm in Collegeport. She later grew up and went to school in Waco. She worked part time during high school and college at her stepfather's insurance company. During summers, she returned to Collegeport, working in rice fields and herding cattle.
Owen started college at the University of Texas at Austin
and later transferred to Baylor University
to be near her family in Waco. She earned a Bachelor of Arts
degree, cum laude, from Baylor. She then went to Baylor Law School
, where she became editor of the Baylor Law Review, and graduated cum laude in 1977, receiving a Juris Doctor
degree. From among approximately 400 examinees, at age 23, she received the highest score on the December 1977 Texas bar examination.
She joined the Andrews & Kurth law firm in Houston, as a litigator, specializing in oil and gas litigation. She made partner at the age of 30. In private practice, Owen handled a broad range of civil matters at the trial and appellate levels. She was admitted to practice before various state and federal trial courts and appellate courts. She is a member of the American Law Institute
, the American Judicature Society
, the American Bar Association
, and a Fellow of the American and Houston Bar Foundations.
In 1993, after 17 years at Andrews & Kurth, she was asked to run for the Texas Supreme Court
as a Republican
. She won with 53 percent of the vote, promising to restore integrity and dignity to a court tainted by scandal.
Owen had written articles and lobbied the Texas Legislature
to eliminate partisan election of judges, arguing that they hinder the ability of courts to provide impartial justice. When she was up for reelection in 2000, Democrats did not put up an opponent against her, and she was returned to office with 84 percent of the vote, defeating a Libertarian
opponent with the help of endorsements from newspapers statewide.
Owen served on the board of Texas Hearing and Service Dogs, which rescues dogs from pounds, provides training for them, and then gives the dogs to disabled people who cannot otherwise afford them. In addition, she was a founding member of the St. Barnabas Episcopal Mission in Austin, Texas
and has taught Sunday school.
In the mid-1990s, Congress reduced funding for the Legal Services Corporation
. Owen was part of a committee that successfully encouraged the Texas Legislature
to enact legislation that has resulted in millions of dollars per year in additional funds for providers of legal services to the poor.
Owen served as the Texas Supreme Court's representative on the Court-Annexed Mediation Task Force, working to resolve differences between lawyer and non-lawyer mediators, in order to provide an alternative to expensive courtroom trials. She has been a member of the Gender Bias Reform Implementation Committee and statewide committees regarding legal services to the poor and pro bono
legal services.
Owen also served on the boards of advisors of the Houston and Austin Chapters of the Federalist Society
. Owen was instrumental in organizing a group known as Family Law 2000 that seeks to find ways to educate parents about the effect that divorce can have on their children and to lessen the adversarial nature of legal proceedings when a marriage is dissolved.
to fill a vacancy on the Fifth Circuit created by Judge William Lockhart Garwood
, who had taken Senior status
on January 23, 1997. Senate Democrats immediately decided to block her nomination for two reasons. First, the Democrats were angry that two previous nominees that President Clinton had nominated to Garwood's empty seat, Jorge Rangel
and Enrique Moreno
, were never given hearings by the U.S. Senate during Clinton's second term because the Senate was at the time controlled by Republicans. Second, they considered her to be too conservative
. As a result, the Senate Democrats, who controlled the Senate Judiciary Committee during the 107th Congress did not let Owen's nomination come up for a vote. In 2003, after Republicans had taken the Senate back, Democrats filibustered her. Only in 2005, after Republicans picked up four more seats in the Senate during the 109th Congress was her nomination again considered.
Owen had considerable judicial experience as a member of the Texas Supreme Court, and had been rated "Well-Qualified" (highest possible) by the American Bar Association
for the Fifth Circuit position. According to ABC News
reporter Jan Crawford Greenburg
, Senate Democrats strategically "targeted outspoken conservatives who were potential Supreme Court picks....their successes in filibustering women, Hispanics, and African Americans in 2003 undermined Bush's plans to replace [retiring U.S. Supreme Court Associate Justice Sandra Day O'Connor] with another woman or a minority." Supporters of the Owen nomination asserted that her criticized rulings were often near-unanimous, or simply followed federal precedents. Judge Owen was touted as a judicial conservative who would, in the words of President Bush, "interpret the law, not legislate from the bench."
Opponents, however, criticized her for what they claimed were her conservative positions on contentious social and economic issues, and pro-corporate
decisions. Democratic Senator Edward Kennedy
said that President Bush's appointee as Attorney General
, Alberto Gonzales
, during his service with Owen on the Texas Supreme Court had frequently criticized Owen; Gonzales argued, said Kennedy, that one of Owen's positions taken in dissent would "judicially amend" a statute for the benefit of manufacturers selling defective products. On abortion
, Owen was criticized by pro-choice groups for her interpretation of Texas's parental-notification law, and for joining a majority decision on overrides only once.
In May 2005 a compromise was arranged by a bipartisan group of moderate senators called the Gang of 14
, which allowed for Owen to be finally given a full Senate vote. On May 24, 2005 debate on her nomination was ended by a vote of 81-18. She was finally confirmed by a vote of 55-43 on May 25, 2005 and was sworn in on June 6, 2005. Owen was the third judge nominated by Bush to the Fifth Circuit and confirmed by the United States Senate
.
to replace retired justice Sandra Day O'Connor
. On September 17 of 2005, Minority Leader Harry Reid
informed Majority Leader Bill Frist
that Owen would be filibustered if she were nominated for the Supreme Court, but Frist believed at the time that Owen could still be confirmed in the face of a filibuster. In a surprise, Bush nominated Harriet Miers
to fill the Justice O'Connor vacancy. When Miers withdrew her nomination, Samuel Alito
was named as her replacement.
and Edith Brown Clement
in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her First Amendment right to free speech. The Eastern District of Texas, Judge Thad Heartfield
, granted the school district's motion to dismiss, and Judges Clement, Garza, and Owen affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.
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 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...
. She was previously a Justice on the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
.
Early life
Priscilla Owen was born in Palacios, TexasPalacios, Texas
-Demographics:As of the census of 2000, there were 5,153 people, 1,661 households, and 1,244 families residing in the city. The population density was 1,021.4 people per square mile . There were 1,976 housing units at an average density of 391.7 per square mile...
. Her earliest years were spent on her family's farm in Collegeport. She later grew up and went to school in Waco. She worked part time during high school and college at her stepfather's insurance company. During summers, she returned to Collegeport, working in rice fields and herding cattle.
Owen started college at the University of Texas at Austin
University of Texas at Austin
The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
and later transferred to Baylor University
Baylor University
Baylor University is a private, Christian university located in Waco, Texas. Founded in 1845, Baylor is accredited by the Southern Association of Colleges and Schools.-History:...
to be near her family in Waco. She earned a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree, cum laude, from Baylor. She then went to Baylor Law School
Baylor Law School
Founded in 1857, Baylor Law School is the oldest law school in Texas and has been accredited by the American Bar Association since 1931 and a member of the Association of American Law Schools since 1938. Baylor Law School is affiliated with Baylor University and located in Waco, Texas...
, where she became editor of the Baylor Law Review, and graduated cum laude in 1977, receiving a Juris Doctor
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...
degree. From among approximately 400 examinees, at age 23, she received the highest score on the December 1977 Texas bar examination.
She joined the Andrews & Kurth law firm in Houston, as a litigator, specializing in oil and gas litigation. She made partner at the age of 30. In private practice, Owen handled a broad range of civil matters at the trial and appellate levels. She was admitted to practice before various state and federal trial courts and appellate courts. She is a member of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
, the American Judicature Society
American Judicature Society
The American Judicature Society is an independent, nonpartisan, national organization of judges, lawyers, and interested members of the public whose mission is to improve the American justice system - to "secure and promote an independent and qualified judiciary and fair system of justice." ...
, the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, and a Fellow of the American and Houston Bar Foundations.
In 1993, after 17 years at Andrews & Kurth, she was asked to run for the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
as a 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...
. She won with 53 percent of the vote, promising to restore integrity and dignity to a court tainted by scandal.
Owen had written articles and lobbied the Texas Legislature
Texas Legislature
The Legislature of the state of Texas is the state legislature of the U.S. state of Texas. The legislature is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The Legislature meets at the Capitol in Austin...
to eliminate partisan election of judges, arguing that they hinder the ability of courts to provide impartial justice. When she was up for reelection in 2000, Democrats did not put up an opponent against her, and she was returned to office with 84 percent of the vote, defeating a Libertarian
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...
opponent with the help of endorsements from newspapers statewide.
Owen served on the board of Texas Hearing and Service Dogs, which rescues dogs from pounds, provides training for them, and then gives the dogs to disabled people who cannot otherwise afford them. In addition, she was a founding member of the St. Barnabas Episcopal Mission in Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
and has taught Sunday school.
In the mid-1990s, Congress reduced funding for the Legal Services Corporation
Legal Services Corporation
The Legal Services Corporation is a private, non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it...
. Owen was part of a committee that successfully encouraged the Texas Legislature
Texas Legislature
The Legislature of the state of Texas is the state legislature of the U.S. state of Texas. The legislature is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The Legislature meets at the Capitol in Austin...
to enact legislation that has resulted in millions of dollars per year in additional funds for providers of legal services to the poor.
Owen served as the Texas Supreme Court's representative on the Court-Annexed Mediation Task Force, working to resolve differences between lawyer and non-lawyer mediators, in order to provide an alternative to expensive courtroom trials. She has been a member of the Gender Bias Reform Implementation Committee and statewide committees regarding legal services to the poor and pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
legal services.
Owen also served on the boards of advisors of the Houston and Austin Chapters of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
. Owen was instrumental in organizing a group known as Family Law 2000 that seeks to find ways to educate parents about the effect that divorce can have on their children and to lessen the adversarial nature of legal proceedings when a marriage is dissolved.
Fifth Circuit nomination and confirmation
Owen was nominated on May 9, 2001 by President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to fill a vacancy on the Fifth Circuit created by Judge William Lockhart Garwood
William Lockhart Garwood
William Lockhart Garwood was a United States federal judge of the United States Court of Appeals for the Fifth Circuit.Born in Houston, Texas to Wilmer St...
, who had taken 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 January 23, 1997. Senate Democrats immediately decided to block her nomination for two reasons. First, the Democrats were angry that two previous nominees that President Clinton had nominated to Garwood's empty seat, Jorge Rangel
Jorge Rangel
Jorge C. Rangel is a Texas lawyer and a former federal judicial nominee to the U.S. Court of Appeals for the Fifth Circuit.-Early life and education:...
and Enrique Moreno
Enrique Moreno
Enrique Moreno is a personal-injury and product liability lawyer in El Paso, Texas and a former federal judicial nominee to the U.S...
, were never given hearings by the U.S. Senate during Clinton's second term because the Senate was at the time controlled by Republicans. Second, they considered her to be too conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
. As a result, the Senate Democrats, who controlled the Senate Judiciary Committee during the 107th Congress did not let Owen's nomination come up for a vote. In 2003, after Republicans had taken the Senate back, Democrats filibustered her. Only in 2005, after Republicans picked up four more seats in the Senate during the 109th Congress was her nomination again considered.
Owen had considerable judicial experience as a member of the Texas Supreme Court, and had been rated "Well-Qualified" (highest possible) by the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
for the Fifth Circuit position. According to ABC News
ABC News
ABC News is the news gathering and broadcasting division of American broadcast television network ABC, a subsidiary of The Walt Disney Company...
reporter Jan Crawford Greenburg
Jan Crawford Greenburg
Jan Crawford, formerly known as Jan Crawford Greenburg, is a television journalist, author, and lawyer. She currently serves as both the political correspondent and chief legal correspondent for CBS News and appears regularly on the CBS Evening News, Face the Nation, Early Show, and CBS News Sunday...
, Senate Democrats strategically "targeted outspoken conservatives who were potential Supreme Court picks....their successes in filibustering women, Hispanics, and African Americans in 2003 undermined Bush's plans to replace [retiring U.S. Supreme Court Associate Justice Sandra Day O'Connor] with another woman or a minority." Supporters of the Owen nomination asserted that her criticized rulings were often near-unanimous, or simply followed federal precedents. Judge Owen was touted as a judicial conservative who would, in the words of President Bush, "interpret the law, not legislate from the bench."
Opponents, however, criticized her for what they claimed were her conservative positions on contentious social and economic issues, and pro-corporate
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
decisions. Democratic Senator Edward Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
said that President Bush's appointee as Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
, during his service with Owen on the Texas Supreme Court had frequently criticized Owen; Gonzales argued, said Kennedy, that one of Owen's positions taken in dissent would "judicially amend" a statute for the benefit of manufacturers selling defective products. On abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, Owen was criticized by pro-choice groups for her interpretation of Texas's parental-notification law, and for joining a majority decision on overrides only once.
In May 2005 a compromise was arranged by a bipartisan group of moderate senators called the Gang of 14
Gang of 14
The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...
, which allowed for Owen to be finally given a full Senate vote. On May 24, 2005 debate on her nomination was ended by a vote of 81-18. She was finally confirmed by a vote of 55-43 on May 25, 2005 and was sworn in on June 6, 2005. Owen was the third judge nominated by Bush to the Fifth Circuit and confirmed by the United States 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...
.
Possible Supreme Court nomination
In 2005, Owen was often cited as a potential Bush Supreme Court nomineeBush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
to replace retired justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
. On September 17 of 2005, Minority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
informed Majority Leader Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
that Owen would be filibustered if she were nominated for the Supreme Court, but Frist believed at the time that Owen could still be confirmed in the face of a filibuster. In a surprise, Bush nominated Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
to fill the Justice O'Connor vacancy. When Miers withdrew her nomination, Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
was named as her replacement.
Notable opinions
In 2010, Judge Owen joined Emilio M. GarzaEmilio M. Garza
Emilio Miller Garza is a judge on the United States Court of Appeals for the Fifth Circuit.Born in San Antonio, Texas, Garza graduated from the University of Notre Dame in 1969, receiving an MA there in 1970. He then joined the U.S. Marine Corps, in which he was an officer from 1970-1973...
and Edith Brown Clement
Edith Brown Clement
Edith "Joy" Brown Clement is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :...
in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her First Amendment right to free speech. The Eastern District of Texas, Judge Thad Heartfield
Thad Heartfield
Thad Heartfield is a district judge for the United States District Court for the Eastern District of Texas in Beaumont, Texas. He was nominated by President Bill Clinton on January 11, 1995, confirmed by the U.S. Senate on March 17, 1995 and received his commission on March 17, 1995. He served...
, granted the school district's motion to dismiss, and Judges Clement, Garza, and Owen affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.
See also
- George W. Bush judicial appointment controversiesGeorge W. Bush judicial appointment controversiesDuring President George W. Bush's two term tenure in office, he nominated thirty-nine people for twenty-seven different federal appellate judgeships that were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor using a filibuster....
- filibuster
- cloture
- nuclear optionNuclear optionIn U.S. politics, the "nuclear option" allows the United States Senate to reinterpret a procedural rule by invoking the argument that the Constitution requires that the will of the majority be effective on specific Senate duties and procedures...
- Gang of 14Gang of 14The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...
- George W. Bush Supreme Court candidates
External links
- Priscilla Owen's role in denial of deathbed furlough for case of politically charged defendant
- Judge Owen's DOJ Biography
- Priscilla Owen's political donations
- Owen article from Baylor Alumni Association (2006-01-10).
- Owen confirmation hearing (pdf) (2003-03-13).
- Owen confirmation hearing (txt) (2003-03-13).
- Owen profile from the Supreme Court Nomination Blog (via archive.org).