Daniel Anthony Manion
{{Short description|American judge (1942–2024)}}
{{Infobox officeholder
| honorific-prefix =
| name = Daniel Manion
| honorific-suffix =
| image = File:Judge_Daniel_Manion_Portrait.jpg
| alt = Portrait of Judge Daniel Manion in his chambers
| caption = Manion in 2020
| office = Senior Judge of the United States Court of Appeals for the Seventh Circuit
| term_start = December 18, 2007
| term_end = August 31, 2024
| office1 = Judge of the United States Court of Appeals for the Seventh Circuit
| term_start1 = July 24, 1986
| term_end1 = December 18, 2007
| appointer1 = Ronald Reagan
| predecessor1 = Wilbur Frank Pell Jr.
| successor1 = John Daniel Tinder
| state_senate2 = Indiana
| district2 = 11th
| term_start2 = November 8, 1978
| term_end2 = November 3, 1982
| preceded2 = Robert L. Kovach{{Cite web|url=http://www.newspapers.com/image/106958445/?terms=Daniel+Manion+Robert+Kovach+11th|title=9 Nov 1978, Page 9 - The Indianapolis Star at Newspapers.com|website=Newspapers.com}}
| succeeded2 = Joe Zakas
| pronunciation =
| birth_name =
| birth_date = {{Birth date|1942|02|01}}
| birth_place = South Bend, Indiana, U.S.
| death_date = {{Death date and age|2024|08|31|1942|02|01}}
| death_place = South Bend, Indiana, U.S.
| death_cause =
| party = Republican
| education = University of Notre Dame (AB)
Indiana University, Indianapolis (JD)
| children = 4
| spouse = Ann Murphy
| relations = Clarence Manion (father)
| allegiance = {{flag|United States}}
| branch = {{flag|United States Army}}
| serviceyears = 1965–1966
| battles = Vietnam War
}}
Daniel Anthony Manion (February 1, 1942 – August 31, 2024) was an American lawyer, politician, and jurist who served as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit.{{FJC Bio|nid=1384271|inline=yes}}{{cite web|url=http://www.ca7.uscourts.gov/contact.htm#manion|title=7th Circuit Contact Information|website=www.ca7.uscourts.gov}} He also served in the Indiana Senate from 1978 to 1982.
Early life and education
The elder son of Clarence and Virginia Manion, Daniel
Manion received his Bachelor of Arts degree from the University of Notre Dame in 1964. His father, Clarence Manion (1896–1979), was dean of Notre Dame Law School and president of the Manion Forum, a conservative radio and television program. His mother, Virginia ("Gina") O'Brien Manion, was a well-known owner and trainer of Arabian horses.
At Notre Dame, Manion was a three-time champion in the Bengal Bouts, a boxing tournament begun by legendary football coach Knute Rockne.[http://www.nd.edu/~ndbizmag/winter2006/RaySiegfried_web.shtml Profile], nd.edu; accessed July 31, 2014. Following graduation, Manion served in the United States Army during the Vietnam War, when he was deployed.
Career
He was appointed the director of industrial development for the Indiana Department of Commerce in 1968. While serving in this position, Manion attended night school at Indiana University Robert H. McKinney School of Law, receiving his Juris Doctor in 1973. After a brief stint in the state attorney general's office as a clerk and then a deputy state attorney general, Manion entered the private practice of law, where he remained until his confirmation as a federal judge. He also served as an Indiana state senator from 1978 to 1982.
= Federal judicial service =
On February 21, 1986, President Ronald Reagan nominated Manion to the United States Court of Appeals for the Seventh Circuit, to a seat vacated by Judge Wilbur Frank Pell Jr. In a radio address to the nation, President Reagan stated, "I know [Daniel Manion] to be a person who has the ability and determination to become the kind of judge the American people want in the federal courts; one who believes in the rule of law, who reveres the Constitution, and whose sense of fairness and justice is above reproach."{{cite web|url=https://www.presidency.ucsb.edu/node/258964 | title=Radio Address to the Nation on the Federal Judiciary; Ronald Reagan| date=June 21, 1986 |work=The American Presidency Project, UC Santa Barbara |access-date=September 10, 2012}}
The ABA rated Manion "qualified/unqualified." Criticism of him as a nominee came for spelling and grammatical errors in legal briefs submitted to the Senate Judiciary Committee and for his support for the John Birch Society. He became the first of President Reagan's judicial nominees to fail to win support from the Judiciary Committee.{{cite news| url=https://www.nytimes.com/1986/05/25/us/reagan-judges-get-lower-bar-rating.html | work=New York Times | title=Reagan judges get lower bar rating| date=May 25, 1986 | access-date=3 July 2016| first=Philip |last=Shenon}} The nomination was controversial;{{cite news|url=https://news.google.com/newspapers?id=Qa9RAAAAIBAJ&sjid=xG4DAAAAIBAJ&dq=daniel%20manion&pg=6717%2C6531359|title=Senate reaffirms Daniel Manion as judge, 50–49|date=July 24, 1986|work=Pittsburgh Post-Gazette|agency=AP |access-date=June 15, 2012}} Manion was confirmed 48–46 on June 26, 1986 and reaffirmed 50–49 on July 23, 1986 with Vice President George Bush casting a tie-breaking vote. Manion received his commission on July 24, 1986. He assumed senior status on December 18, 2007. His service was terminated on August 31, 2024 due to his death.{{Cite press release|date=September 3, 2024|title=The Seventh Circuit Court of Appeals mourns the passing of Judge Daniel A. Manion.|url=https://www.ca7.uscourts.gov/Circuit_Judge_Manion_Announcement.pdf|website=ca7.uscourts.gov|access-date=September 4, 2024}}
== Notable decisions ==
- {{cite court|litigants=Ernst v. City of Chicago|vol=837|reporter=F.3d|opinion=788|court=7th Cir.|date=2016|url=https://scholar.google.com/scholar_case?case=11563337572742954295&q=ernst+v.+chicago&hl=en&as_sdt=3,39&as_vis=1}} (ruling in favor of female paramedics who brought Title VII gender-discrimination lawsuit against the City of Chicago)
- {{cite court|litigants=Friedman v. City of Highland Park|vol=784|reporter=F.3d|opinion=406|court=7th Cir.|date=2015|url=https://scholar.google.com/scholar_case?case=3139086566363449367&q=friedman+v.+city+of+highland+park&hl=en&as_sdt=6,39&as_vis=1|access-date=July 2, 2015}} (Manion, J., dissenting) (applying strict scrutiny to local ordinance prohibiting possession of semi-automatic rifles)
- {{cite court|litigants=Norton v. City of Springfield|vol=768 |reporter=F.3d|opinion=713|pinpoint=718 |court=7th Cir.|date=2014|url=https://scholar.google.com/scholar_case?case=13599348574879927581&q=norton+v.+city+of+springfield&hl=en&as_sdt=6,39&as_vis=1|access-date=July 2, 2015}} (Manion, J., dissenting) (concluding that anti-panhandling ordinance prohibiting "immediate requests for monetary donations" was content-based and subject to strict scrutiny)
- {{cite court|litigants=Hayden v. Greensburg Community School Corp.|vol=743 |reporter=F.3d|opinion=569|pinpoint=583 |court=7th Cir.|url=https://scholar.google.com/scholar_case?case=2044170754790131021&q=hayden+v.+greensburg+community+school&hl=en&as_sdt=6,39&as_vis=1|access-date=July 2, 2015}} (Manion, J., concurring in part and dissenting in part) (concluding that Indiana high school boys basketball coach's short haircut policy did not violate the Equal Protection Clause)
- {{cite court|litigants=Planned Parenthood of Wisconsin v. Van Hollen|vol=738|reporter=F.3d|opinion=786|pinpoint=799 |court=7th Cir.|date=2013|url=https://scholar.google.com/scholar_case?case=14583084829032626521&q=planned+parenthood+v.+van+hollen&hl=en&as_sdt=6,39&as_vis=1|access-date=July 2, 2015}} (Manion, J., concurring in part and in the judgment) (concluding that the rational basis standard of review applied in challenge to Wisconsin law requiring that abortion doctors possess admitting privileges at hospitals within 30 miles from where they perform abortions)
- {{cite court|litigants=Vance v. Rumsfeld|vol=653|reporter=F.3d|opinion=591|pinpoint=627|court=7th Cir.|date=2011|url=https://scholar.google.com/scholar_case?case=17426464810185115813&q=vance+v.+rumsfeld&hl=en&as_sdt=6,39&as_vis=1f|access-date=September 10, 2012}} (Manion, J., concurring in part and dissenting in part) (disagreeing that Bivens remedy was available for alleged torture of detainees by American military personnel in war zone in the absence of Congressional authorization and expressing "serious reservations" about the majority's holding that Secretary Rumsfeld may be held personally liable for the alleged actions of his subordinates under the plaintiffs' allegation)
- {{cite court|litigants=Sherman ex. rel. Sherman v. Koch|vol=623|reporter=F.3d|opinion=501|court=7th Cir.|date=2010|url=https://scholar.google.com/scholar_case?case=14403915750797206894&hl=en&as_sdt=2,39&as_vis=1|access-date=September 10, 2012}} (upholding Illinois "moment of silence" law)
- {{cite court|litigants=Books & Suetkamp v. City of Elkhart|vol=235|reporter=F.3d|opinion=292, 311|court=7th Cir.|date=2000|url=http://bulk.resource.org/courts.gov/c/F3/235/235.F3d.292.00-1114.html|access-date=September 10, 2012}} (Manion, J., concurring in part and dissenting in part) (disagreeing that application of Lemon test compelled removal of Ten Commandments from near City Hall)
- Planned Parenthood of Indiana and Kentucky v. Commissioner of the Indiana State Department of Health (Manion, J., dissenting); noted for its connection to a dissent on abortion and eugenics which Judge Amy Coney Barrett joined,[http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-25/C:17-3163:J:PerCuriam:aut:T:npDp:N:2176287:S:0 "Planned Parenthood of Indiana and Kentucky v. Commissioner of the Indiana State Department of Health ... Appeal"], United States Court of Appeals For the Seventh Circuit, Chicago, Illinois 60604, June 25, 2018. Retrieved 2020-10-23. and for Senator Patrick Leahy's question on the case to Barrett during her Supreme Court confirmation hearings in October, 2020.Greenhouse, Linda, [https://www.nytimes.com/2020/10/22/opinion/supreme-court-amy-coney-barrett.html "Opinion: What Does Amy Coney Barrett Mean for the Supreme Court?"], New York Times, October 20, 2020. Retrieved 2020-10-23.
== Notable former law clerks ==
{{unsourced section|date=September 2024}}
- Michael B. Brennan, circuit judge, United States Court of Appeals for the Seventh Circuit
- Stephen Dillard, chief judge, Court of Appeals of Georgia
- Len Munsil, former candidate for governor of Arizona
- Joseph L. Toth, judge, United States Court of Appeals for Veterans Claims
- Patrick J. Urda, judge, United States Tax Court
- Tammy McCutchen, administrator of the Wage and Hour Division
Personal life and death
Manion was married to Ann Murphy Manion, a member of the second class of women to gain entrance to the University of Notre Dame, who graduated magna cum laude in 1977. The couple had four children.{{Cite web |title=Recognizing the Honorable Daniel A. Manion on His 80th Birthday|author=Jackie Walorski |date=January 28, 2022 |url=https://justfacts.votesmart.org/public-statement/1582027/recognizing-the-honorable-daniel-a-manion-on-his-80th-birthday |access-date=2023-01-22 |website=Vote Smart}}
Manion's younger brother, Christopher Manion (born 1946), was a member of the Foreign Relations Committee staff chosen by Senator Jesse Helms (R-NC) in the early 1980s. In 1986, one month after his brother's judicial confirmation, he was mentioned in an FBI investigationRoberts, Steven V., [https://www.nytimes.com/1986/08/05/us/helms-declares-officials-harass-him.html "Helms declares officials harass him"], nytimes.com, August 5, 1986. Accessed August 4, 2014. regarding a purported release of classified information to Chilean officials "about a covert American intelligence-gathering operation". Helms and Manion were exonerated after the investigation.Engelberg, Stephen, [https://www.nytimes.com/1986/08/03/us/helms-is-facing-inquiry-on-chile-and-us-spying.html "Helms is facing inquiry on Chile and U.S. spying"], The New York Times, August 3, 1986. Accessed October 23, 2020.
Before his Senate service, Christopher Manion earned his Ph.D. in government at Notre Dame University. He served as assistant to the director of Rockford College in Illinois. He later taught politics, religion, and international relations at Boston University, Catholic University of America, and Christendom College. He is a Knight of Malta.
In the 1990s, he was director of legislation at the American Council for Health Care Reform, which opposed President Clinton's health reform plans.Pear, Robert, [https://www.nytimes.com/1994/05/27/us/liars-attacking-health-plan-to-scare-elderly-groups-say.html?module=Search&mabReward=relbias%3Ar%2C%7B%222%22%3A%22RI%3A14%22%7D "'Liars' Attacking Health Plan To Scare Elderly, Groups Say"], nytimes.com, May 27, 1994. Accessed August 4, 2014.
Manion died in South Bend on August 31, 2024, at the age of 82.{{cite web|url=https://www.southbendtribune.com/obituaries/psbn0930255|title=Manion Obituary|website=www.southbendtribune.com}}
References
{{reflist}}
External links
- {{FJC Bio|nid=1384271}}
- {{C-SPAN|6344}}
{{s-start}}
{{s-par|us-in-sen}}
{{s-bef|before=Robert L. Kovach}}
{{s-ttl|title=Member of the Indiana Senate
from the 11th district|years=1978–1982}}
{{s-aft|after=Joe Zakas}}
|-
{{s-legal}}
{{s-bef|before=Wilbur Frank Pell, Jr.}}
{{s-ttl|title={{nowrap|Judge of the United States Court of Appeals for the Seventh Circuit}}|years=1986–2007}}
{{s-aft|after=John Daniel Tinder}}
{{s-end}}
{{authority control}}
{{DEFAULTSORT:Manion, Daniel Anthony}}
Category:21st-century American judges
Category:Culver Academies alumni
Category:Republican Party Indiana state senators
Category:Indiana University Robert H. McKinney School of Law alumni
Category:Judges of the United States Court of Appeals for the Seventh Circuit
Category:People from South Bend, Indiana
Category:United States court of appeals judges appointed by Ronald Reagan
Category:University of Notre Dame alumni
Category:20th-century members of the Indiana General Assembly