Sandra Segal Ikuta
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Sandra Segal Ikuta (born June 24, 1954) is a United States circuit judge 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 in the following federal judicial districts: * District ...
.


Background

Ikuta was born and raised in
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world ...
,
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
. She completed an
Artium Baccalaureus Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
degree at the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant un ...
in 1976, having previously attended
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is conside ...
for two years. Ikuta received a
Master of Science A Master of Science ( la, Magisterii Scientiae; abbreviated MS, M.S., MSc, M.Sc., SM, S.M., ScM or Sc.M.) is a master's degree in the field of science awarded by universities in many countries or a person holding such a degree. In contrast t ...
degree in journalism from
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
in 1978. From 1978 to 1985 she was a writer and editor for many magazines and organizations which include
Guilford Press Guilford Press or Guilford Publications, Inc. is a New York City-based independent publisher founded in 1973 that specializes in publishing books, journals, and DVDs in psychology, psychiatry, the behavioral sciences, education, geography, and res ...
, City National Bank, Unique Publications, and Disney Channel Magazine. Ikuta then attended the
UCLA School of Law The UCLA School of Law is one of 12 professional schools at the University of California, Los Angeles. UCLA Law has been consistently ranked by '' U.S. News & World Report'' as one of the top 20 law schools in the United States since the inception ...
, where she was an editor of the ''
UCLA Law Review The ''UCLA Law Review'' is a bimonthly law review established in 1953 and published by students of the UCLA School of Law, where it also sponsors an annual symposium. Membership is decided based on performance on a write-on competition. The edi ...
''. She graduated in 1988 with a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
degree and
Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, ...
honors. Ikuta clerked for
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 in the following federal judicial districts: * District ...
Judge
Alex Kozinski Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to ...
from 1988 to 1989 and for
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 involve a point o ...
Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
from 1989 to 1990. She became an associate of the
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to ...
O’Melveny & Myers O'Melveny & Myers LLP is an American multinational law firm founded in Los Angeles, California in 1885. The firm employs approximately 740 lawyers and has offices in California, Washington, D.C., New York City, Beijing, Brussels, Hong Kong, L ...
in 1990 and went on to become a partner in 1997. At the time of her nomination, Ikuta had been
general counsel A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department. In a company, the person holding the position typically reports directly to the CEO, and their ...
of the California Resources Agency since January 2004, "trying to protect natural resources and open space and preserve agricultural land." She is a former alternate director of the Pacific Forest and Watershed Lands Stewardship Council.


Federal judicial service

Ikuta was nominated to 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 in the following federal judicial districts: * District ...
by President George W. Bush on February 8, 2006, to fill the seat vacated by Judge James R. Browning, who 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 ...
in 2000. Previously,
Carolyn Kuhl Carolyn Barbara Kuhl (born July 24, 1952) is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from D ...
had been nominated to that position, but she had been filibustered by Senate Democrats for a year until December 2004 when she withdrew her nomination. Ikuta worked alongside her former boss, Judge
Alex Kozinski Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to ...
, for whom she clerked. He testified on her behalf at the Senate Judiciary Committee hearing on her nomination. Ikuta was voted unanimously out of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
on May 26, 2006, and the U.S. Senate confirmed her nomination on June 19, 2006 by a 81–0 vote. She was the sixth judge appointed by Bush to the Ninth Circuit. She received her commission on June 23, 2006.


Notable cases

Ikuta's first published opinion on the Ninth Circuit was ''United States v. Baldrich'', issued on December 27, 2006. She wrote the ''
Dukes v. Wal-Mart ''Wal-Mart v. Dukes'', 564 U.S. 338 (2011), was a United States Supreme Court case in which the Court ruled that a group of roughly 1.5 million women could not be certified as a valid class of plaintiffs in a class-action lawsuit for employment d ...
'' dissent in the Ninth Circuit, with reasoning that largely ended up being adopted by the Supreme Court. In May 2017, Ikuta dissented when the narrowly divided ''
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
'' circuit found that the
United States District Court for the Southern District of California The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appe ...
's policy of indiscriminately shackling criminal defendants in all pretrial hearings violated the Constitution's
Due Process Clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except a ...
. In March 2018, the circuit's judgment was vacated by the unanimous
Supreme Court of the United States 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 tribunals in the United States, federal court cases, and over Stat ...
.


City of Los Angeles v. Barr (Sanctuary Cities)

On July 12, 2019, in ''City of Los Angeles V. Barr'', 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 in the following federal judicial districts: * District ...
overturned a nationwide injunction issued in 2018, thus upholding preferential treatment in awarding community policing grants to cities that cooperate with immigration authorities. In the opinion, Judge Ikuta wrote, "Cooperation relating to enforcement of federal immigration law is in pursuit of the general welfare, and meets the low bar of being germane to the federal interest in providing the funding to "address crime and disorder problems, and otherwise... enhance public safety... one of the main purposes for which” the grant is intended. In her dissent, Judge Kim Wardlaw wrote, " he Department of Justice'sdecision to implement both the illegal immigration focus area and the Cooperation Certification is foreclosed by the text, structure, and purpose of the Community Policing Act."


State of California v. Alex Azar

On February 24, 2020, Ikuta wrote the majority opinion upholding the
Trump Administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
rule withholding Title X funding from health-care providers that perform, promote, or support abortion with patients. The en banc Ninth Circuit sided with the government by a 7–4 vote. The majority acknowledged they knew that the gag rule's main purpose was to stop abortions; it nevertheless remained constitutional. The majority relied on the Supreme Court precedent '' Rust v. Sullivan,'' which upheld a nearly identical rule during the presidency of
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. Ikuta was joined by Senior Judge
Edward Leavy Edward Leavy (born August 14, 1929) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and a former judge for the United States Foreign Intelligence Surveillance Court of Review. Prior to these pos ...
and Judges Jay Bybee,
Consuelo Callahan Consuelo María Callahan (born June 9, 1950) is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Background Consuelo María Callahan was born June 9, 1950 in Palo Alto, California. She was raised in ...
, Milan Smith,
Eric Miller Eric, Erik, or Erick Miller may refer to: Arts and entertainment * Eric Miller (record producer) (c. 1941–2017), American record producer and Norman Granz's protégé *Eric Miller (photographer) (born 1951), South African photographer during and ...
, and Kenneth K. Lee. Leavy was appointed by President Ronald Reagan, Bybee, Callahan, Ikuta, and Smith by President George W. Bush, and Miller and Lee by President Trump.


John Doe v. San Diego Unified School District

On December 4, 2021, Ikuta dissented when a 2-1 majority declined to block San Diego Unified School District's requirement that students be vaccinated by December 20.


Statistics

Judge Ikuta sat on 26 en banc panels between December 2014 and August 2020. During that time, Ikuta was the en banc court's most frequent dissenter. The judges most likely to agree with Ikuta were Judges Callahan and Bea, while the judges most likely to disagree with her were Judges Thomas, McKeown, and W. Fletcher.


Federalist Society

Judge Ikuta is an active member of The
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquarter ...
, a
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
and
libertarian Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's en ...
organization which holds panels, debates, and discussions, and she has been known to attend their national events.


See also

* List of law clerks of the Supreme Court of the United States (Seat 8)


References


External links

*
Attorney Sandra S. Ikuta Nominated to Ninth Circuit Court of Appeals
– February 9, 2006

– from the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
Office of Legal Policy The Office of Legal Policy (OLP) is a division within the United States Department of Justice which describes itself as the "focal point for the development and coordination of Departmental policy." In addition to rendering legal advice to the Un ...

''United States v. Baldrich'' (first precedential opinion authored by Ikuta)
{{DEFAULTSORT:Ikuta, Sandra Segal 1954 births 21st-century American judges 20th-century American Jews American lawyers Columbia University Graduate School of Journalism alumni Judges of the United States Court of Appeals for the Ninth Circuit Law clerks of the Supreme Court of the United States Living people United States court of appeals judges appointed by George W. Bush University of California, Berkeley alumni UCLA School of Law alumni 21st-century American women judges Federalist Society members 21st-century American Jews