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{{Short description|American federal judge}}

factoids

| birth_place = Chicago, Illinois, U.S.| death_date = | death_place = | death_cause = | resting_place = | resting_place_coordinates = | citizenship = | nationality = | party = | otherparty = | height = | spouse = | partner = | relations = | children = | parents = | mother = | father = | relatives = | residence = Cornell University (Bachelor of Science)>University of Chicago (JD)}}| alma_mater = | occupation = | profession = | known_for = | salary = | net_worth = | cabinet = | committees = | portfolio = | religion = | awards = | signature = | signature_alt = | website = | footnotes = | image_size = 219px}}Douglas Howard Ginsburg (born May 25, 1946) is an American lawyer and jurist serving as a senior U.S. circuit judge on the U.S. Court of Appeals for the District of Columbia Circuit. He is also a professor of law at George Mason University’s Antonin Scalia Law School.Ginsburg was appointed to the D.C. Circuit in 1986 by President Ronald Reagan, and he served as its chief judge from 2001 to 2008. In 1987, Reagan announced his intention to nominate Ginsburg as an associate justice of the United States Supreme Court. But Ginsburg withdrew his name from consideration before being formally nominated,WEB, McMillion, Barry J., Supreme Court Appointment Process: President’s Selection of a Nominee, January 28, 2022,www.everycrsreport.com/files/2022-01-28_R44235_db840974b0defae8385fcc5fc8b7487eeee73ff8.pdf, Congressional Research Service, Washington, D.C., March 28, 2022, after news reports that he had smoked marijuana in the past created controversy.NEWS,news.google.com/newspapers?id=U68zAAAAIBAJ&pg=5946%2C555078, Lodi News-Sentinel, UPI, Ginsburg admits marijuana use, November 6, 1987, 1, NEWS,news.google.com/newspapers?id=QehVAAAAIBAJ&pg=5388%2C1691294, Register-Guard, Eugene, Oregon, wire service reports, Ginsburg withdraws as court nominee, November 8, 1987, 1A, NEWS,news.google.com/newspapers?id=ZbsyAAAAIBAJ&pg=5995%2C4998133, Spokesman-Review, Spokane, Washington, Associated Press, Drug furor forces Ginsburg’s withdrawal, November 8, 1987, A1, Ginsburg took senior status in October 2011, and joined the faculty of New York University School of Law in January 2012.WEB,legaltimes.typepad.com/blt/2011/09/dc-circuit-judge-to-join-nyu-law-faculty-.html, D.C. Circuit Judge Ginsburg to Join NYU Law Faculty – The BLT: The Blog of Legal Times, Legaltimes.typepad.com, September 2, 2011, August 22, 2014, In 2013, he left NYU and began teaching at George Mason University. He is the author of scholarly works on U.S. antitrust law and constitutional law.WEB,papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=40531, SSRN Author Page for Ginsburg, Douglas H, Papers.ssrn.com, 2014-08-22,

Early life and education

Ginsburg was born on May 25, 1946, in Chicago, Illinois, to Katherine (née Goodmont) and Maurice Ginsburg.NEWS,articles.latimes.com/1987-11-08/news/mn-21569_1_doug-ginsburg/2, Los Angeles Times, John M., Broder, Collapse of the Ginsburg Nomination: At the End, Ginsburg Stood Alone – and Still a Puzzle, November 8, 1987, After graduating from the Latin School of Chicago in 1963, he entered Cornell University as a classics major. He dropped out in 1965 due to “boredom” and founded Operation Match, an early computer dating service based in Boston, Massachusetts. Ginsburg sold the company in 1968 and returned to Cornell, graduating in 1970 with a Bachelor of Science degree in industrial relations.NEWS,www.nytimes.com/1987/10/30/us/nominee-left-college-to-be-matchmaker.html, Nominee Left College to Be Matchmaker, The New York Times, 1987-10-30, April 20, 2012, Shenon, Philip, NEWS,www.thecrimson.com/article/1965/11/3/operation-match-pif-you-stop-to/, Operation Match, The Harvard Crimson, 1965-11-03, April 20, 2012, Mathews, T. Jay, Ginsburg then attended the University of Chicago Law School, where he was an editor of the University of Chicago Law Review along with future judge Frank Easterbrook. He graduated in 1973 with a Juris Doctor and membership in the Order of the Coif.

Career

After law school, Ginsburg was a law clerk for Judge Carl E. McGowan on the D.C. Circuit from 1973 to 1974 and for Justice Thurgood Marshall of the U.S. Supreme Court from 1974 to 1975.WEB,www.law.gmu.edu/faculty/directory/fulltime/ginsburg_douglas, Douglas H. Ginsburg, Antonin Scalia Law School, George Mason University, 2013-07-03, 2014-08-22, He then became a professor at Harvard Law School, where he taught labor law, antitrust law, and other subjects. Ginsburg taught at Harvard until 1983, when he joined the administration of U.S. President Ronald Reagan as a deputy assistant attorney general in the U.S. Department of Justice’s Antitrust Division. In 1984, he became the administrator of the Executive Office of the President’s Office of Information and Regulatory Affairs, and in 1985 he was appointed Assistant Attorney General of the Antitrust Division.From 1988 to 2008, Ginsburg was an adjunct professor at the George Mason University School of Law (now Antonin Scalia Law School), where he taught a seminar called “Readings in Legal Thought”.WEB,www.law.uchicago.edu/courses/coursedetails.html?CourseNumber=57012&SectionNumber=1&Quarter=1&Year=2008, Offerings, University of Chicago Law School, 2014-08-22, dead,www.law.uchicago.edu/courses/coursedetails.html?CourseNumber=57012&SectionNumber=1&Quarter=1&Year=2008," title="web.archive.org/web/20140201233734www.law.uchicago.edu/courses/coursedetails.html?CourseNumber=57012&SectionNumber=1&Quarter=1&Year=2008,">web.archive.org/web/20140201233734www.law.uchicago.edu/courses/coursedetails.html?CourseNumber=57012&SectionNumber=1&Quarter=1&Year=2008, 2014-02-01, Until 2011 he was also a Visiting Lecturer and Charles J. Merriam Scholar at the University of Chicago Law School in Chicago, Illinois. Ginsburg has been a visiting professor at Columbia University Law School (1987–1988) and a visiting scholar at New York Law School (2006–2008).Ginsburg is currently a professor at the Antonin Scalia Law School. He was previously a visiting professor at University College London Faculty of Laws.WEB,www.ucl.ac.uk/laws/academics/index.shtml?list_vps, Faculty of Laws – People, University College London, 2014-06-02, 2014-08-22,www.ucl.ac.uk/laws/academics/index.shtml?list_vps," title="web.archive.org/web/20140803181821www.ucl.ac.uk/laws/academics/index.shtml?list_vps,">web.archive.org/web/20140803181821www.ucl.ac.uk/laws/academics/index.shtml?list_vps, 2014-08-03, dead, He serves on the advisory boards of the Global Antitrust Institute (Chairman), the Jevons Institute for Competition Law and Economics and the Centre for Law, Economics, and Society, both at University College London, Faculty of Laws; Competition Policy International; Journal of Competition Law & Economics; Journal of Law, Economics & Policy; Supreme Court Economic Review; University of Chicago Law Review; and the Harvard Journal of Law & Public Policy.

Federal judicial service

Ginsburg was nominated by President Ronald Reagan on September 23, 1986, to a seat on the District of Columbia Circuit vacated by Judge J. Skelly Wright. He was confirmed by the United States Senate on October 8, 1986, and received his commission on October 14, 1986. He served as Chief Judge of the D.C. Circuit from 2001 to 2008, and he assumed senior status on October 14, 2011.{{FJC Bio|nid=1381266|inline=yes}}He was a member of the Judicial Conference of the United States, 2001–2008, and previously served on its Budget Committee, 1997–2001, and Committee on Judicial Resources, 1987–1996; American Bar Association, Antitrust Section, Council, 1985–1986 (ex officio), 2000–2003 and 2009–2012 (judicial liaison); Boston University Law School, Visiting Committee, 1994–1997; and University of Chicago Law School, Visiting Committee, 1985–1988.

United States Supreme Court nomination

File:Ronald Reagan and Douglas Ginsburg.jpg|thumb|right|Ginsburg with President Ronald ReaganRonald ReaganOn October 29, 1987, President Reagan announced his intention to nominate Ginsburg to the Supreme Court of the United States to fill the vacancy created by the retirement of Lewis Powell,NEWS,news.google.com/newspapers?id=O6tRAAAAIBAJ&pg=4318%2C6506375, Milwaukee Sentinel, Associated Press, Democrats open-minded on Ginsburg, October 30, 1987, 1, part 1, NEWS,news.google.com/newspapers?id=tuhVAAAAIBAJ&pg=5230%2C7290671, Eugene Register-Guard, Oregon, Associated Press, President picks young, novice judge, October 30, 1987, 1A, which had been announced on June 26.NEWS,news.google.com/newspapers?id=c2MaAAAAIBAJ&pg=5664%2C2115092, Milwaukee Journal, Associated Press, Powell to leave Supreme Court, June 26, 1987, 1A, {{Dead link|date=February 2024 |bot=InternetArchiveBot |fix-attempted=yes }} Ginsburg was chosen after the United States Senate, controlled by Democrats, had voted down the nomination of Judge Robert Bork after a highly controversial nomination battle which ended with a 42–58 rejection vote on October 23.NEWS,news.google.com/newspapers?id=sOhVAAAAIBAJ&pg=5283%2C5697645, Eugene Register-Guard, Oregon, Associated Press, Bork loses by 58–42 Senate vote, October 24, 1987, 1A, Ginsburg’s nomination collapsed for entirely different reasons from Bork’s rejection, as he almost immediately came under some fire when NPR’s Nina Totenberg revealed that Ginsburg had used marijuana “on a few occasions” during his student days in the 1960s and while an assistant professor at Harvard in the 1970s. It was Ginsburg’s continued use of marijuana after graduation and as a professor that made his actions more serious in the minds of many senators and members of the public.NEWS, Media Frenzies in Our Time: Judge Douglas Ginsburg’s Marijuana Use, 1987, Larry J. Sabato, The Washington Post,www.washingtonpost.com/wp-srv/politics/special/clinton/frenzy/ginsburg.htm, Ginsburg was also accused of a financial conflict of interest during his work in the Reagan Administration, but a Department of Justice investigation under the Ethics in Government Act determined the allegation was baseless.Hall, Kermit, ed., The Oxford Companion to the Supreme Court of the United States, page 339, Oxford Press, 1992Due to the allegations, Ginsburg withdrew his name from consideration on November 7, and remained on the Court of Appeals, serving as chief judge for most of the 2000s. Anthony Kennedy was then nominated on November 11 and confirmed in early February 1988 as an associate justice of the Supreme Court.NEWS,news.google.com/newspapers?id=eWwaAAAAIBAJ&pg=7047%2C1189168, Milwaukee Journal, Associated Press, Senate confirms Kennedy, February 3, 1988, 3A, {{Dead link|date=February 2024 |bot=InternetArchiveBot |fix-attempted=yes }}NEWS, Ginsburg withdraws name as Supreme Court nominee, citing marijuana “clamor”,www.nytimes.com/1987/11/08/us/ginsburg-withdraws-name-as-supreme-court-nominee-citing-marijuana-clamor.html, The New York Times, 1987-11-08, 2016-01-31, 0362-4331, Steven V. Roberts,

Personal life

Ginsburg married the public relations consultant Deecy Gray in 2007 in a ceremony at the U.S. Supreme Court performed by Chief Justice John Roberts.NEWS, Deecy Gray, Douglas Ginsburg,www.nytimes.com/2007/09/23/fashion/weddings/23gray.html, 12 February 2024, The New York Times, 23 September 2007, He has three daughters from two previous marriages.

Selected scholarly works

• JOURNAL, Ginsburg, Douglas H., Interstate Banking, Hofstra Law Review, 1981, 9, 4, 1133–72,scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1403&context=hlr,
• JOURNAL, DeMuth, Christopher C., Christopher DeMuth, Ginsburg, Douglas H., White House Review of Agency Rulemaking, Harvard Law Review, 1986, 99, 5, 1075–88, 1341244,
• JOURNAL, Ginsburg, Douglas H., Falk, Donald, The Court En Banc: 1981–1990, The George Washington Law Review, 1990, 59, 5, 1008–91,heinonline.org/HOL/P?h=hein.journals/gwlr59&i=1018,
• JOURNAL, Ginsburg, Douglas H., Vertical Restraints: De Facto Legality under the Rule of Reason, Antitrust Law Journal, 1991, 60, 1, 67–82, 40799286,
• JOURNAL, Ginsburg, Douglas H., Shechtman, Paul, Blackmail: An Economic Analysis of the Law, University of Pennsylvania Law Review, 1993, 141, 5, 1849–76,scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3663&context=penn_law_review, 3312576,
• JOURNAL, Ginsburg, Douglas H., Originalism and Economic Analysis: Two Case Studies of Consistency and Coherence in Supreme Court Decision Making, Harvard Journal of Law & Public Policy, 2010, 33, 1, 217–38,journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2010/01/ginsburg.pdf,
• JOURNAL, Ginsburg, Douglas H., Wright, Joshua D., Joshua D. Wright, Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty, Northwestern University Law Review, 2012, 106, 3, 1033–88,scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1100&context=nulr,
• JOURNAL, Ginsburg, Douglas H., Wright, Joshua D., The Goals of Antitrust: Welfare Trumps Choice, Fordham Law Review, 2013, 81, 5, 2405–24,ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4886&context=flr,
• JOURNAL, Padilla, Jorge, Ginsburg, Douglas H., Wong-Ervin, Koren W., Antitrust Analysis Involving Intellectual Property and Standards: Implications from Economics, Harvard Journal of Law & Technology, 2019, 33, 1, 1–64,jolt.law.harvard.edu/assets/articlePDFs/v33/01-Padilla.pdf,

See also

• List of Jewish American jurists
• List of law clerks of the Supreme Court of the United States (Seat 10)

References

{{Reflist|2}}

External links

{{commons category|Douglas H. Ginsburg}}

• {{FJC Bio|864|nid=1381266|name=Douglas Howard Ginsburg}}
• www.law.uchicago.edu/faculty/ginsburg/" title="web.archive.org/web/20071106084533www.law.uchicago.edu/faculty/ginsburg/">University of Chicago Faculty Bio
• www.law.gmu.edu/faculty/bio.php?fac=20" title="web.archive.org/web/20070706041812www.law.gmu.edu/faculty/bio.php?fac=20">George Mason University Faculty Bio Broken link.
• Reagan’s Remarks in Nomination to the Supreme Court {{Webarchive|url=https://web.archive.org/web/20080705170120www.reagan.utexas.edu/archives/speeches/1987/102987g.htm |date=2008-07-05 }}
• {{C-SPAN|2299}}

{{United States courts of appeals senior judges}}{{Authority control}}