Royce C. Lamberth
Encyclopedia
Royce C. Lamberth is a federal judge
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....

 in the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...

, serving as its Chief Judge.

Lamberth was born in 1943 in San Antonio, Texas
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...

. He graduated from the University of Texas and from 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...

, receiving an LL.B. in 1967. He served as a Captain in the Judge Advocate General
Judge Advocate General's Corps, U.S. Army
The Judge Advocate General's Corps of the United States Army is composed of Army officers who are also lawyers and who provide legal services to the Army at all levels of command. The Judge Advocate General's Legal Service includes judge advocates, warrant officers, paralegal noncommissioned...

’s Corps of the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 from 1968 to 1974, including one year in Vietnam
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

. After that, he became an Assistant United States Attorney for the District of Columbia. In 1978, Lamberth became Chief of the Civil Division of the U.S. Attorney’s Office, a position he held until his appointment to the federal bench.

He was nominated to the federal bench on March 19, 1987 by President 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....

, 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...

 on November 13, 1987. He also served as Presiding Judge of the U.S. Foreign Intelligence Surveillance Court
United States Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court is a U.S. federal court authorized under , . It was established by the Foreign Intelligence Surveillance Act of 1978 . The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United...

 from 1995 to 2002.

Case law

Lamberth is known for presiding over a case, Cobell v. Kempthorne
Cobell v. Kempthorne
Cobell v. Salazar is a class-action lawsuit brought by Native American representatives against two departments of the United States government. The plaintiffs claim that the U.S...

in which a group of American Indians
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...

 sued the U.S. Department of the Interior for allegedly mismanaging a trust intended for their benefit.

In May 2003, in a case brought by the families of the 241 servicemen who were killed in the 1983 Beirut barracks bombing
1983 Beirut barracks bombing
The Beirut Barracks Bombing occurred during the Lebanese Civil War, when two truck bombs struck separate buildings housing United States and French military forces—members of the Multinational Force in Lebanon—killing 299 American and French servicemen...

, Lamberth declared that the Islamic Republic of Iran was responsible for the 1983 attack. Lamberth concluded that Hezbollah was formed under the auspices of the Iranian government, was completely reliant on Iran in 1983, and assisted Iranian Ministry of Information and Security agents in carrying out the operation. On September 7, 2007, Judge Lamberth ordered that Iran pay USD$2.65 billion to the families of the 241 U.S. servicepersons killed in the bombing.

Lamberth has presided over Guantanamo captives habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

 petitions.

In August 2010, Lamberth issued a temporary injunction blocking an executive order by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 that expanded stem cell
Stem cell
This article is about the cell type. For the medical therapy, see Stem Cell TreatmentsStem cells are biological cells found in all multicellular organisms, that can divide and differentiate into diverse specialized cell types and can self-renew to produce more stem cells...

 research. He indicated the policy violated a ban on federal money being used to destroy embryos, called the Dickey-Wicker Amendment. Some commentators have surmised that his decision is more a reflection of his politics than a rigorous interpretation of the Dickey-Wicker Amendment.

When Judge Lamberth refused in September 2010 to lift the injunction forbidding the research pending the appeal of his ruling, the Obama Justice Department asked 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...

, which will eventually hear the initial appeal of the case (possibly on an expedited basis), to issue an emergency order to override Judge Lamberth's refusal to lift the injunction, which would enable new embryonic stem cell research to continue (work on embryonic stem cell research that was already approved under the law prior to the order's issuance is unaffected; it can be carried on even while the case is going on). The Court of Appeals issued an order on Thursday, September 9, 2010, providing for an emergency temporary lifting of the injunction in the case that had forbidden the research. The appeals court agreed to temporarily lift the injunction to consider the merits of allowing a more permanent lifting of the injunction that would, if instituted, be in place until Judge Lamberth issues his ruling and the ruling is appealed to the same appeals court. The court of appeals gave both sides until Monday, September 20, 2010 to file argument briefs, when it will decide whether to grant a more permanent version of the injunction, or reverse itself and order an end to the research in agreement with the judge.

In July 2011, Judge Lamberth ordered the release of Richard Nixon's testimony concerning the Watergate scandal. The Justice Department reviewed the decision after an objection from the presidential administration insisting on the continued need for privacy of those involved .
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