Stanley Marcus (judge)
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Stanley Marcus (born March 27, 1946) is a Senior
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 Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
and a former United States District Judge of the
United States District Court for the Southern District of Florida The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida.. Appeal ...
.


Early life, education and legal training

Marcus was born and raised in
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
, New York. He earned a
Bachelor of Arts 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 year ...
degree from
Queens College, City University of New York Queens College (QC) is a public college in the Queens Boroughs of New York City, borough of New York City. It is part of the City University of New York system. Its 80-acre campus is primarily located in Flushing, Queens. It has a student body ...
, magna cum laude, in 1967. He earned his Juris Doctor from the Harvard Law School in 1971. Marcus also served on active duty in the
United States Army The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...
in 1969, and served in the
United States Army Reserve The United States Army Reserve (USAR) is a reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the Army element of the reserve components of the United States Armed Forces. Since July 2020 ...
through 1974.


Legal career

Marcus clerked for United States District Judge John R. Bartels from 1971 until 1973, and joined the New York law firm of Botein, Hays, Sklar and Herzberg as an associate in 1974. He became an Assistant United States Attorney in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
in 1975, and in 1978 was assigned to the United States Attorney's Office in
Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at t ...
,
Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
as Deputy Chief of the "Detroit Strike Force," which investigated organized crime in Michigan. In 1980, Marcus was appointed the Chief of the Detroit Strike Force, Organized Crime and Racketeering Section of the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
. In 1982, Marcus left Detroit and became the United States Attorney for the Southern District of Florida, in
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a coastal metropolis and the county seat of Miami-Dade County in South Florida, United States. With a population of 442,241 at ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
.


Federal judicial service

Marcus was nominated on June 20, 1985, by President Ronald Reagan to a new seat authorized by 98 Stat. 333 on the
United States District Court for the Southern District of Florida The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida.. Appeal ...
. 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 July 16, 1985, received his commission on July 18, 1985, and was sworn in on August 16, 1985, according to a September 26, 1997 article in the Fort Lauderdale Sun-Sentinel. His service terminated on November 23, 1997, due to elevation to the Eleventh Circuit. President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
nominated Marcus to the
United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
, to a seat vacated by Judge Peter T. Fay, on September 25, 1997, after a previous Clinton nominee for the seat, Charles "Bud" Stack, had withdrawn his name from consideration after his background was raised as an issue by Bob Dole during the 1996 presidential election. Even though the Senate at that time was controlled by Republicans, Marcus's nomination was considered to be very uncontroversial. The
United States 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, ...
unanimously voted in favor of Marcus's nomination on November 6, 1997, and the full Senate unanimously confirmed him on November 7, 1997. "I'm deeply honored," Marcus told the Miami Herald in a brief interview in an article that appeared on November 8, 1997. He received his commission on November 12, 1997. 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 December 5, 2019. Judge Marcus is a member of the Judicial Conference Committee on Federal-State Jurisdiction and has been the committee's chairman since 1992.


Notable cases

In 2004, Marcus dissented when the court refused to rehear a case where the initial panel upheld a law banning LGBTQ couples from adopting children. The vote was 6–6, which warranted a denial of rehearing en banc. Marcus was joined by Gerald Bard Tjoflat and Charles R. Wilson, and Judges Barkett, Anderson, and Dubina filed separate dissents. In February 2020, Marcus was a member of a 3-judge panel in ''Jones et al. v. DeSantis'', a 2020 voting rights case.
2018 Florida Amendment 4 Florida Amendment 4, also the Voting Rights Restoration for Felons Initiative, is an amendment to the Constitution of Florida passed by ballot initiative on November 6, 2018, as part of the 2018 Florida elections. The proposition restored the ...
permitted former felons to vote, however DeSantis signed a law that required former felons to pay all legal fees before being eligible to vote again, despite some of them not knowing how much they owed. District judge Robert Hinkle struck down that law, and the panel kept the injunction against the law. However, the panel was reversed in a sharply divided en banc decision that September.


References


External links

* , - {{DEFAULTSORT:Marcus, Stanley 1946 births 20th-century American judges 21st-century American judges Assistant United States Attorneys Brooklyn Law School faculty Harvard Law School alumni Judges of the United States Court of Appeals for the Eleventh Circuit Judges of the United States District Court for the Southern District of Florida Lawyers from New York City Living people Military personnel from New York City Queens College, City University of New York alumni United States Attorneys for the Southern District of Florida United States court of appeals judges appointed by Bill Clinton United States district court judges appointed by Ronald Reagan