Rosemary S. Pooler

Rosemary S. Pooler (born June 21, 1938) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.

Rosemary S. Pooler
Senior Judge of the United States Court of Appeals for the Second Circuit
Assumed office
March 23, 2022
Judge of the United States Court of Appeals for the Second Circuit
In office
June 3, 1998 – March 23, 2022
Appointed byBill Clinton
Preceded byFrank Altimari
Succeeded byAlison Nathan
Judge of the United States District Court for the Northern District of New York
In office
August 10, 1994 – June 9, 1998
Appointed byBill Clinton
Preceded byHoward G. Munson
Succeeded byNorman A. Mordue
Personal details
Born (1938-06-21) June 21, 1938
New York City, New York, U.S.
Political partyDemocratic
EducationBrooklyn College (BA)
University of Connecticut (MA)
University of Michigan Law School (JD)
University at Albany, SUNY (GradCert)

Early life

Pooler was born in New York City, New York. She earned a Bachelor of Arts degree from Brooklyn College in 1959, a Master of Arts from the University of Connecticut, and a Juris Doctor from the University of Michigan Law School. She also attended the Program for Senior Managers in Government of Harvard University in 1978, and earned a Graduate Certificate in Regulatory Economics from the State University of New York, Albany in 1978.[1]

Early career

Following graduation from law school, Pooler entered private law practice in Syracuse, New York. In 1972, she was appointed as Director of the Consumer Affairs Unit in the Syracuse Corporation Counsel's Office, serving in that post for a year. From 1974 to 1975, she served on the Syracuse City Council. In 1975, she was appointed as Chairman of the New York State Consumer Protection Board, serving until 1980. The following year, she was appointed to the state Public Service Commission. In 1987, she served as a committee staff member for the New York State Assembly. Following a stint on the faculty at Syracuse University College of Law, she served as Vice President of Legal Affairs at the Atlantic States Legal Foundation from 1989 to 1990.

Congressional campaigns

In 1986, Pooler decided to run for the United States House of Representatives in New York's 27th congressional district. She challenged conservative Republican incumbent George C. Wortley, who was seeking a fourth term. She campaigned aggressively and came within less than 1,000 votes of winning. In 1988, Wortley decided not to seek reelection. Pooler was considered a leading prospect of a Democratic gain. But her Republican opponent that year, Syracuse City Councilman James T. Walsh, was a much more difficult target for her attacks. Walsh won handily, with Pooler winning only 42% of the vote.

Judicial career

Supreme Court of New York

In 1990, Pooler was elected as a Justice for the Fifth Judicial District of the Supreme Court of New York.

Federal judicial service

Pooler was nominated by President Bill Clinton on April 26, 1994, to a seat on the United States District Court for the Northern District of New York vacated by Judge Howard G. Munson. She was confirmed by the Senate on August 9, 1994, and received commission on August 10, 1994. Her service terminated on June 9, 1998 when she was elevated to the court of appeals.[2]

Pooler was nominated by President Clinton on November 6, 1997, to a seat on the United States Court of Appeals for the Second Circuit vacated by Frank Altimari. She was confirmed by the Senate on June 2, 1998, and received commission on June 3, 1998.[2] Pooler announced she would assume senior status upon the confirmation of her successor.[3] She assumed senior status on March 23, 2022.[2]

Notable dissent

Pooler dissented in the 2009 ruling Arar v. Ashcroft, a case in which Maher Arar, a Canadian citizen, had been sent to Syria and was tortured there. While the majority found that there was no remedy for Arar, Pooler and three other judges would have granted Arar the declaratory judgment he was seeking. All four dissenters wrote their own dissenting opinion.

In August 2017, Pooler dissented when the court upheld the insider trading conviction of Mathew Martoma, in which she argued that the majority was improperly overruling circuit precedent.[4] In June 2018, the majority issued an amended opinion reaching the same result, again over the dissent of Pooler.[5]

In a August 2021 case regarding a unwarranted police search of a Black man, Pooler was one of three dissenters who argued that the search violates the 4th Amendment (the other 2 dissenters were Guido Calabresi and Denny Chin). Pooler noted that "The victims of police officers’ whims are disproportionately people of color. Black drivers are more likely to be pulled over by police officers than white drivers, and police officers search stopped black and Latino drivers twice as often as stopped white drivers, despite data suggesting searches of these black and Latino drivers are less likely to discover guns, drugs, or other illegal contraband."[6]

See also

References
  1. Finn, Marie T.; Irvine, Diana R.; Bliss, Mary Lee; Pratton, Gina L. (CON); Morgan, Samantha (CON) (1 January 2009). The American Bench. Forster-Long. ISBN 9780931398582 – via Google Books.
  2. Rosemary S. Pooler at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  3. "N.Y.-Based Appeals Court Gives Biden Two More Seats to Fill (1)".
  4. Note, Recent Case: Second Circuit Redefines Personal Benefit Requirement for Insider Trading, 132 Harv. L. Rev. 1730 (2019).
  5. United States v. Martoma, 894 F.3d 64 (2nd Cir. 2018).
  6. "United States v. Weaver, No. 18-1697 (2d Cir. 2021)". Justia. August 16, 2021. Retrieved October 11, 2021.
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