Sherman Unger
Encyclopedia
Sherman E. Unger was a former official in the administrations of Presidents Richard Nixon
and Ronald Reagan
, with his final role being the top lawyer for the United States Department of Commerce
. Unger also was a federal judicial nominee to the United States Court of Appeals for the Federal Circuit
at the time of his death.
, Unger earned a bachelor's degree in 1950 from Miami University
in Ohio and a law degree in 1953 from the University of Cincinnati College of Law
.
as a judge advocate, from 1953 until 1956. He then worked in private legal practice in Cincinnati as an associate and then as a partner for the firm of Frost & Jacobs from 1956 until 1969, when he became the general counsel of the United States Department of Housing and Urban Development
. Unger served in that role until 1970. Unger worked as a vice president of Cincinnati-based American Financial Corp. from 1971 until 1972. From 1972 until 1981, Unger practiced law in Cincinnati and Washington, D.C.
In 1981, Reagan appointed Unger to be general counsel for the United States Department of Commerce
.
. While the nomination died at the end of the 97th Congress, Reagan renominated Unger to the same Federal Circuit seat on April 21, 1983. Upon both times Unger was nominated to the Federal Circuit, the American Bar Association
gave him a unanimous rating of "not qualified." The ABA's committee members who had investigated Unger, including former Secretary of Transportation William Thaddeus Coleman, Jr.
and committee chair and future Commodity Futures Trading Commission
chief Brooksley Born
, had testified that he was not qualified "because he lacked the personal integrity and judicial temperament required of a federal judge." However, many supporters vouched for Unger's personal integrity, including Democrats from the Carter administration like former White House counsel Lloyd Cutler
and former United States Attorney General
Griffin Bell
.
While the United States Senate Judiciary Committee held a hearing on Unger's nomination on September 30, 1983, it took no action on Unger's nomination because he was diagnosed with terminal cancer. Unger died on December 3, 1983.
Unger wound up being the only Reagan administration judicial nominee to earn a unanimous rating of "not qualified" from the ABA.
For more than 20 years after Unger's nomination, no other federal judicial nominee earned a unanimous "not qualified" rating from the ABA. Michael Wallace, a failed nominee of President George W. Bush
to the United States Court of Appeals for the Fifth Circuit
, was the next nominee to earn such a rating.
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
and 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....
, with his final role being the top lawyer for the United States Department of Commerce
United States Department of Commerce
The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...
. Unger also was a federal judicial nominee to the United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
at the time of his death.
Early life and education
Born in ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, Unger earned a bachelor's degree in 1950 from Miami University
Miami University
Miami University is a coeducational public research university located in Oxford, Ohio, United States. Founded in 1809, it is the 10th oldest public university in the United States and the second oldest university in Ohio, founded four years after Ohio University. In its 2012 edition, U.S...
in Ohio and a law degree in 1953 from the University of Cincinnati College of Law
University of Cincinnati College of Law
The University of Cincinnati College of Law is the fourth oldest continually running law school in the United States and a founding member of the Association of American Law Schools. It was started in 1833 as the Cincinnati Law School...
.
Professional career
Unger began his career in the United States Air ForceUnited States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
as a judge advocate, from 1953 until 1956. He then worked in private legal practice in Cincinnati as an associate and then as a partner for the firm of Frost & Jacobs from 1956 until 1969, when he became the general counsel of the United States Department of Housing and Urban Development
United States Department of Housing and Urban Development
The United States Department of Housing and Urban Development, also known as HUD, is a Cabinet department in the Executive branch of the United States federal government...
. Unger served in that role until 1970. Unger worked as a vice president of Cincinnati-based American Financial Corp. from 1971 until 1972. From 1972 until 1981, Unger practiced law in Cincinnati and Washington, D.C.
In 1981, Reagan appointed Unger to be general counsel for the United States Department of Commerce
United States Department of Commerce
The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...
.
Failed nomination to the Federal Circuit
On December 15, 1982, Reagan nominated Unger to a newly created seat on the United States Court of Appeals for the Federal CircuitUnited States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
. While the nomination died at the end of the 97th Congress, Reagan renominated Unger to the same Federal Circuit seat on April 21, 1983. Upon both times Unger was nominated to the Federal Circuit, 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...
gave him a unanimous rating of "not qualified." The ABA's committee members who had investigated Unger, including former Secretary of Transportation William Thaddeus Coleman, Jr.
William Thaddeus Coleman, Jr.
William Thaddeus Coleman, Jr. was the fourth United States Secretary of Transportation, from March 7, 1975 to January 20, 1977, and the second African American to serve in the Cabinet...
and committee chair and future Commodity Futures Trading Commission
Commodity Futures Trading Commission
The U.S. Commodity Futures Trading Commission is an independent agency of the United States government that regulates futures and option markets....
chief Brooksley Born
Brooksley Born
Brooksley E. Born is an American attorney and former public official who, from August 26, 1996, to June 1, 1999, was chairperson of the Commodity Futures Trading Commission , the federal agency which oversees the futures and commodity options markets...
, had testified that he was not qualified "because he lacked the personal integrity and judicial temperament required of a federal judge." However, many supporters vouched for Unger's personal integrity, including Democrats from the Carter administration like former White House counsel Lloyd Cutler
Lloyd Cutler
Lloyd Norton Cutler was an American attorney, who served as White House Counsel during the Democratic administrations of Presidents Carter and Clinton. He was also the trainer of the former Vice President of the European Parliament and current Minister of Foreign Affairs of Greece, M.P...
and former United States 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...
Griffin Bell
Griffin Bell
Griffin Boyette Bell was an American lawyer and former Attorney General. He served as the nation's 72nd Attorney General during the Jimmy Carter administration...
.
While the United States Senate Judiciary Committee held a hearing on Unger's nomination on September 30, 1983, it took no action on Unger's nomination because he was diagnosed with terminal cancer. Unger died on December 3, 1983.
Unger wound up being the only Reagan administration judicial nominee to earn a unanimous rating of "not qualified" from the ABA.
For more than 20 years after Unger's nomination, no other federal judicial nominee earned a unanimous "not qualified" rating from the ABA. Michael Wallace, a failed nominee of President George W. Bush
George 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 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...
, was the next nominee to earn such a rating.