Roger Miner
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Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
and a United States district judge of the
United States District Court for the Northern District of New York The United States District Court for the Northern District of New York (in case citations, N.D.N.Y.) serves one of the 94 judicial districts in the United States and one of four in the state of New York. Appeals from the Northern District of Ne ...
.


Education and career

Miner was born on April 14, 1934, in Hudson, New York. He received a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
from
New York Law School New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
in 1956. He received a
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University o ...
from State University of New York in 1977. He served as a Captain in the
United States Army Judge Advocate General's Corps The Judge Advocate General's Corps of the United States Army, also known as the U.S. Army JAG Corps, is the legal arm of the United States Army. It is composed of Army officers who are also lawyers and who provide legal services to the Army at a ...
from 1956 to 1959. He was in private practice of law in Hudson from 1959 to 1975. He was corporation counsel for the City of Hudson, New York from 1961 to 1964. He was an assistant district attorney of Columbia County, New York in 1964. He was the district attorney of Columbia County from 1968 to 1975. He was an adjunct associate professor, Columbia-Greene Community College from 1974 to 1979. He was a justice of the
New York State Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
from 1976 to 1981. He was an adjunct professor, New York Law School from 1986 to 1996. He was an adjunct professor of
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association and has an affiliation agreement with University at Al ...
of
Union University Union University is a private Baptist Christian university in Jackson, Tennessee, with additional campuses in Germantown and Hendersonville. The university is affiliated with the Tennessee Baptist Convention (Southern Baptist Convention). It is ...
from 1997 until his death.


Federal judicial service

Miner was nominated by President Ronald Reagan on July 28, 1981, to a seat on the
United States District Court for the Northern District of New York The United States District Court for the Northern District of New York (in case citations, N.D.N.Y.) serves one of the 94 judicial districts in the United States and one of four in the state of New York. Appeals from the Northern District of Ne ...
vacated by Judge
James Thomas Foley James Thomas Foley (July 9, 1910 – August 17, 1990) was a United States district judge of the United States District Court for the Northern District of New York from 1949 to 1990 and Chief Judge from 1963 to 1980. Education and career Born o ...
. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on September 25, 1981, and received commission on September 28, 1981. His service was terminated on August 2, 1985, due to elevation to the Second Circuit. Miner was nominated by President Reagan on June 25, 1985, to the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
, to a new seat created by 98 Stat. 333. He was confirmed by the Senate on July 22, 1985, and received commission the same day. He assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
on January 1, 1997 due to a certified disability, serving in that status until his death.


Supreme Court consideration

In 1987 after Robert Bork’s Supreme Court nomination was rejected by
the Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
, President Reagan considered appointing Miner. Miner was alongside eventual nominee
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
and
Ralph K. Winter Jr. Ralph Karl Winter Jr. (July 30, 1935 – December 8, 2020) was a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born in Waterbury, Connecticut, Winter graduated from the Taft Scho ...
one of three candidates considered acceptable by the Senate’s Democratic majority under the leadership of Joe Biden and
Robert Byrd Robert Carlyle Byrd (born Cornelius Calvin Sale Jr.; November 20, 1917 – June 28, 2010) was an American politician and musician who served as a United States senator from West Virginia for over 51 years, from 1959 until his death in 2010. A ...
. Miner was, however, opposed by some Senate Republicans, and drew strong opposition from anti-abortion and right-to-work groups, because of his refusal to state his position on abortion. The seat, formerly held by Lewis F. Powell Jr, ultimately went to Kennedy.
Kirsten Gillibrand Kirsten Elizabeth Gillibrand (; ; born December 9, 1966) is an American lawyer and politician serving as the junior United States senator from New York since 2009. A member of the Democratic Party, she served as member of the U.S. House of ...
, the junior Senator from New York, served as his law clerk from 1992-1993.


Notable case

In January 1987 Miner and Jon O. Newman heard '' Salinger v. Random House'', deciding that with unpublished works the right of the copyright owner to control publication took precedence over the right of "
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...
". This was interpreted as setting the right of an individual to privacy ahead of the public right to know.


Death

Roger Miner died of heart failure at his Hudson home. He was survived by his wife, Jacqueline, several sons and a brother.


See also

*
George H. W. Bush Supreme Court candidates Speculation abounded over potential nominations to the Supreme Court of the United States by George H. W. Bush even before his presidency officially began, given the advanced ages of several justices. On July 20, 1990, this speculation became ne ...
*
List of Jewish American jurists This is a list of notable Jewish American jurists. For other famous Jewish Americans, see Lists of American Jews. Supreme Court of the United States Federal judges Appellate judges * Robert E. Bacharach, Judge of the United States Court of ...


References


External links

*
Archival Collection of Judge Roger J. Miner: 1981-2012
at
The Political Graveyard The Political Graveyard is a website and database that catalogues information on more than 277,000 American political figures and political families, along with other information. The name comes from the website's inclusion of burial locations o ...
* {{DEFAULTSORT:Miner, Roger Jeffrey 1934 births 2012 deaths People from Hudson, New York 20th-century American Jews County district attorneys in New York (state) Judges of the United States Court of Appeals for the Second Circuit Judges of the United States District Court for the Northern District of New York New York Law School alumni New York Law School faculty New York (state) lawyers New York Supreme Court Justices New York (state) Republicans United States Army officers United States court of appeals judges appointed by Ronald Reagan United States district court judges appointed by Ronald Reagan 20th-century American judges 21st-century American Jews