In Memoriam: Judge Stephen Reinhardt, 1931-2018

Ninth Circuit Judge Stephen Reinhardt passed yesterday afternoon. Whether you agreed with his perspective or not, he was a principled and brilliant judge.

Reinhardt, an appointee of former President Carter, was dubbed the “liberal lion” of the federal circuit courts.

His rulings in favor of criminal defendants, minorities and immigrants were often overturned by the more conservative U.S. Supreme Court.

And his opinions were, occasionally, reversed.

Many lawyers have joked that Reinhardt’s name on a ruling was probably enough to get the attention of the conservatives on the Supreme Court. In 1996, after Reinhardt was reversed several times by the Supreme Court, The Times asked him if he was upset.

“Not in the slightest!” he boomed. “If they want to take away rights, that’s their privilege. But I’m not going to help them do it.”

Thank you for your adherence to principle. Rest in peace, Judge Reinhardt.

4 thoughts on “In Memoriam: Judge Stephen Reinhardt, 1931-2018

  1. Richard Kopf

    SHG,

    An interesting relationship is described in the article about the judge you cite, and that is:

    “He was particularly close to former 9th Circuit Judge Alex Kozinski, considered a conservative with libertarian views. They were dubbed the “odd couple.”

    When Kozinski retired under pressure in December in response to sexual harassment allegations, Reinhardt bemoaned the departure. He said he kept a photograph of Kozinski planting a kiss on his cheek in his chambers.”

    Judge Reinhardt’s devotion to his mentee and later his friend and colleague, who fell spectacularly from grace, says more about his character to me than anything else. Reinhardt may have been a legal lion, but he must have also been a figurative lamb when it came to personal relationships.

    All the best.

    RGK

    1. SHG Post author

      #MeToo, Judge. But then, even “liberal lions” can be better than Dahlia Lithwick’s saddest tears.

      1. Richard Kopf

        SHG,

        If one senses a criticism of the judge in my comment, I did not intend it. I meant to emphasize a personal characteristic that I deeply admire: “Loyalty to a friend even when that friend disappoints.” Among many of your other attributes, you share that attribute with Judge Reinhardt. And for that, I am profoundly grateful.

        All the best.

        RGK

        1. SHG Post author

          I didn’t mean to suggest a hint of criticism, but I prefer to think of Judge Reinhardt’s support of Judge Kozinski as being more than just loyalty to a friend, but a deeper respect for the good he contributed that is not wiped out by some moments of dubious conduct. We all make mistakes, but our lives aren’t defined solely by the bad things we do.

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