J. Clifford Wallace
{{Short description|American judge (born 1928)}}
{{Infobox officeholder
| honorific-prefix =
| name = J. Clifford Wallace
| honorific-suffix =
| image = J. Clifford Wallace (cropped).jpg
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| caption =
| office = Senior Judge of the United States Court of Appeals for the Ninth Circuit
| term_start = April 8, 1996
| term_end =
| office1 = Chief Judge of the United States Court of Appeals for the Ninth Circuit
| term_start1 = January 31, 1991
| term_end1 = April 8, 1996
| predecessor1 = Alfred Goodwin
| successor1 = Procter Ralph Hug Jr.
| office2 = Judge of the United States Court of Appeals for the Ninth Circuit
| term_start2 = June 28, 1972
| term_end2 = April 8, 1996
| nominator2 =
| appointer2 = Richard Nixon
| predecessor2 = James Marshall Carter
| successor2 = Kim McLane Wardlaw
| office3 = Judge of the United States District Court for the Southern District of California
| term_start3 = October 16, 1970
| term_end3 = July 14, 1972
| nominator3 =
| appointer3 = Richard Nixon
| predecessor3 = Seat established by 84 Stat. 294
| successor3 = William Benner Enright
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| birth_date = {{Birth date and age|1928|12|11}}
| birth_place = San Diego, California, U.S.
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| education = San Diego State University (BA)
University of California, Berkeley (LLB)
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John Clifford Wallace (born December 11, 1928) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States district judge of the United States District Court for the Southern District of California.
Education and career
Born in San Diego, California,{{cite book|title=Judges of the United States|author=Judicial Conference of the United States. Bicentennial Committee|date=1978|publisher=The Committee : for sale by the Supt. of Docs., U.S. Govt. Print. Off.|url=https://books.google.com/books?id=GIzCAAAAIAAJ|access-date=2015-07-19}} Wallace received a Bachelor of Arts degree from San Diego State University in 1952, and a Bachelor of Laws from UC Berkeley School of Law in 1955. He served in the United States Navy as a Second Class Petty Officer from 1946 to 1949. He was in private practice in San Diego from 1955 to 1970, at the law firm of Gray Cary Ames & Frye.{{FJC Bio|2484|nid=1389291|name=John Clifford Wallace}}
On April 24, 2025, Brigham Young University [https://enrollment.byu.edu/2025-commencement-program conferred] on Wallace an honorary doctorate of law and public service.
Federal judicial service
Wallace was nominated by President Richard Nixon on October 7, 1970, to the United States District Court for the Southern District of California, to a new seat authorized by 84 Stat. 294. He was confirmed by the United States Senate on October 13, 1970, and received his commission on October 16, 1970. His service terminated on July 14, 1972, due to his elevation to the Ninth Circuit.
Wallace was nominated by Nixon on May 22, 1972, to a seat on the United States Court of Appeals for the Ninth Circuit vacated by James Marshall Carter. He was confirmed by the Senate on June 28, 1972, and received his commission on June 28, 1972. Wallace served as Chief Judge of the Ninth Circuit from 1991 to 1996. He assumed senior status on April 8, 1996. As a senior judge, Wallace has a reduced caseload, but he continues to hear cases in the Ninth Circuit, and he sits by designation from time to time as a visiting judge on other federal appellate courts.
When Potter Stewart announced he was stepping down from the Supreme Court in June 1981, Wallace was initially believed to be the favorite for Stewart's seat,‘Californian Top Court Guess’; Fort Worth Star-Telegram, June 23, 1981, p. 3A but he lost out to Sandra Day O'Connor because Ronald Reagan had made a campaign promise to appoint the first woman to the Court.‘The Selection’; St. Petersburg Times; July 8, 1981, p. 6A Wallace was apparently not considered for the next vacancy after the departure of Chief Justice Warren Burger five years later, but after the retirement of Lewis F. Powell Jr. in 1987 and the rejection of Robert Bork, Wallace reemerged as a possible high court nominee. Alongside Pasco Bowman II of the Eighth Circuit, however, Wallace was viewed by the Senate's Democratic majority as the most controversial amongst the thirteen or fourteen nominees proposed after Bork was rejected.Epstein, Aaron; ‘3 High Court Hopefuls Deemed OK’; The Miami Herald, October 28, 1987, p. 16 Wallace's devout Mormon faith, strong support for the death penalty based upon the Bible,‘Alternates to Bork Surfacing: Nominees’; El Paso Times, October 11, 1987, pp. 1A, 4A and belief that strict separation of church and state was not mandated by the Constitution{{Cite news|last=Lauter|first=David|date=October 25, 1987|title=Defeat of Judge Robert Bork: In Name Only?|page=A-14|work=The Record (Hackensack, New Jersey)}} were all viewed unfavourably by Republican officials aware of a requirement for Democratic support and consultation.Hanrahan, John; ‘Consultation on New Court Nominee Pleases Democrats’; The Herald (Jasper, Indiana), October 28, 1987, p. 22 Democrats themselves voiced strong objection to Wallace as an excessively ideological candidate akin to Bork, and he was further hindered by his 1984 ruling that rejected an appeal by female athletes to include longer-distance races for women in the Summer Olympics. Powell's seat ultimately went to Anthony Kennedy, who was then serving alongside Wallace on the Ninth Circuit.
On July 31, 2018, Wallace wrote an opinion ruling against the sheriff Joe Arpaio. He was joined by Judges Susan P. Graber and Marsha Berzon.{{cite web|author=John Clifford Wallace|publisher=United States Court of Appeals for the Ninth Circuit|date=July 31, 2018|title=United States of America, Intervenor-Plaintiff-Appellee, v. Maricopa County, Defendant-Appellant, and Joseph M. Arpaio, Defendant|url=http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/31/16-16661.pdf}} On October 22, 2019, Wallace wrote a 2—1 opinion that prohibited religious exemptions for businesses that did not want to participate in the healthcare system due to support of contraceptives. Wallace was joined by Graber, over the dissent of Judge Andrew Kleinfeld.{{cite web|url=https://www.foxnews.com/politics/trump-birth-control-religious-exemptions-federal-court-rules-california|title=Ninth Circuit blocks Trump administration birth control exemptions|publisher=Fox News|date=October 23, 2019|author=Danielle Wallace}}
See also
References
{{Reflist}}
Sources
- J. Clifford Wallace Papers, MSS 7730; 20th Century Western and Mormon Manuscripts; L. Tom Perry Special Collections, Harold B. Lee Library, Brigham Young University.
- {{FJC Bio|2484|nid=1389291|name=John Clifford Wallace}}
- {{C-SPAN|753}}
{{s-start}}
{{s-legal}}
{{s-bef|before=Seat established by 82 Stat. 294}}
{{s-ttl|title={{nowrap|Judge of the United States District Court for the Southern District of California}}|years=1970–1972}}
{{s-aft|after=William Benner Enright}}
{{s-bef|before=James Marshall Carter}}
{{s-ttl|title={{nowrap|Judge of the United States Court of Appeals for the Ninth Circuit}}|years=1972–1996}}
{{s-aft|after=Kim McLane Wardlaw}}
{{s-bef|before=Alfred Goodwin}}
{{s-ttl|title={{nowrap|Chief Judge of the United States Court of Appeals for the Ninth Circuit}}|years=1991–1996}}
{{s-aft|after=Procter Ralph Hug Jr.}}
{{s-end}}
{{United States courts of appeals senior judges}}
{{Authority control}}
{{DEFAULTSORT:Wallace, J. Clifford}}
Category:Judges of the United States Court of Appeals for the Ninth Circuit
Category:Judges of the United States District Court for the Southern District of California
Category:San Diego State University alumni
Category:UC Berkeley School of Law alumni
Category:United States court of appeals judges appointed by Richard Nixon
Category:United States district court judges appointed by Richard Nixon
Category:United States Navy sailors