Alfred Theodore Goodwin (June 29, 1923 – December 27, 2022) was an American jurist who was a

United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...

of the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...

and also a district judge of the

United States District Court for the District of Oregon The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. ...

. Goodwin wrote the majority opinion for the Ninth Circuit in the famous pledge of allegiance case that was decided by the United States Supreme Court as '' Elk Grove Unified School District v. Newdow''. Goodwin found that the recitation of the Pledge with the words "under God" violated the Establishment Clause, but the Supreme Court reversed his ruling. Goodwin famously wrote, "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion."

Education and career

Born on June 29, 1923, in

Bellingham, Washington Bellingham ( ) is the county seat of Whatcom County, Washington, Whatcom County in the U.S. state of Washington (state), Washington. It lies south of the Canada–United States border, U.S.–Canada border, between Vancouver, British Columbia, ...

, Goodwin received a

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

degree in 1947 from the

University of Oregon The University of Oregon (UO, U of O or Oregon) is a Public university, public research university in Eugene, Oregon, United States. Founded in 1876, the university is organized into nine colleges and schools and offers 420 undergraduate and gra ...

and a

Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

in 1951 from the

University of Oregon School of Law The University of Oregon School of Law is a public law school in the U.S. state of Oregon. Housed in the Knight Law Center, it is Oregon's only state funded law school. The school, founded in 1884, is located on the University of Oregon campus i ...

. While in college, he served as a captain in the

United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...

during

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. Goodwin worked as an attorney for five years in

Eugene, Oregon Eugene ( ) is a city in and the county seat of Lane County, Oregon, United States. It is located at the southern end of the Willamette Valley, near the confluence of the McKenzie River (Oregon), McKenzie and Willamette River, Willamette rivers, ...

. He then served in the Oregon state courts, first on the Circuit Court (1955–1960), and then on the

Supreme Court of Oregon The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. Goodwin was appointed March 18, 1960, by Oregon Governor

Mark Hatfield Mark Odom Hatfield (July 12, 1922 – August 7, 2011) was an American politician and educator from the state of Oregon. A Factions in the Republican Party (United States)#Moderates, moderate Republican Party (United States), Republican, he se ...

to replace the outgoing Hall S. Lusk, who was then appointed to the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

, a position Hatfield would later be elected to in 1966. Meanwhile, Goodwin was then elected to a full six-year term later in 1960 and won re-election in 1966 before resigning from the Oregon Supreme Court December 19, 1969, to take a federal judicial position.

Federal judicial service

Goodwin was nominated to a seat on the

by President

Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...

on September 22, 1969, to a seat vacated by Judge

John Kilkenny John Francis Kilkenny (October 26, 1901 – February 17, 1995) was a United States federal judge, 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 Uni ...

. He was

confirmed In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant created in baptism. Those being confirmed are known as confirmands. The ceremony typically involves laying on of hands. Catholicis ...

by the

on December 10, 1969, and received his commission on December 11, 1969. His service terminated on December 17, 1971, due to his elevation to the Ninth Circuit. Goodwin was nominated to the

by President Nixon, on November 3, 1971, to a seat vacated by Judge

. He was confirmed by the Senate on November 23, 1971, and received his commission on November 30, 1971. Chief Judge James R. Browning stepped down early while Goodwin remained eligible to succeed him as Chief Judge, and Goodwin served in that position from June 15, 1988, until he assumed senior status on January 31, 1991.

Notable cases

Goodwin wrote the majority opinion for the Ninth Circuit in the famous

Pledge of Allegiance The U.S Pledge of Allegiance is a patriotic recited verse that promises allegiance to the flag of the United States and the republic of the United States. The first version was written in 1885 by Captain George Thatcher Balch, a Union Army o ...

case that was then decided by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

as '' Elk Grove Unified School District v. Newdow''. He also is well known for penning the opinion in ''White v. Samsung'', a landmark right of publicity/appropriation case in California in which the host of '' Wheel of Fortune'',

Vanna White Vanna Marie White (née Rosich; born February 18, 1957) is an American television personality and game-show hostess, best known as the co-host of the game show '' Wheel of Fortune'', a position she has held since 1982. She began her career as a ...

, successfully sued

Samsung Samsung Group (; stylised as SΛMSUNG) is a South Korean Multinational corporation, multinational manufacturing Conglomerate (company), conglomerate headquartered in the Samsung Town office complex in Seoul. The group consists of numerous a ...

for airing a commercial featuring a robot dressed in her likeness and turning letters on a mock ''Wheel of Fortune'' board. See ''White v. Samsung Elecs.'' Am., 971 F.2d 1395 (9th Cir. 1992).

Personal life and death

Goodwin died on December 27, 2022, at the age of 99.Sandomir, Richard (January 15, 2023)
"Alfred T. Goodwin, Judge in Pledge of Allegiance Case, Dies at 99"
''The New York Times''. Retrieved January 15, 2023. At the time of his death, Goodwin was the oldest federal judge still hearing cases, and the longest-serving current federal judge.

References

External links

*
Goodwin Isn’t Fazed by Storm Over the Pledge
Law.com

Alfred T. Goodwin
at the ''

Oregon Encyclopedia ''The Oregon Encyclopedia of History and Culture'' is a collaborative encyclopedia focused on the history and culture of the U.S. state of Oregon. Description The encyclopedia is a project of Portland State University's History Department, the O ...