Susan P. Graber
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Susan Pia Graber (born July 5, 1949) is an American attorney and jurist. She 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 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 ...
. A native of Oklahoma, she was the 90th justice of the
Oregon Supreme Court 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.Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate Court of Appeals, appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem, Oregon, Salem. Except for death penalty cas ...
from 1988 to 1990.


Early life

Graber was born in
Oklahoma City Oklahoma City (), officially the City of Oklahoma City, and often shortened to OKC, is the capital and largest city of the U.S. state of Oklahoma. The county seat of Oklahoma County, it ranks 20th among United States cities in population, a ...
, Oklahoma, on July 5, 1949, to a
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
family. After high school Graber attended Wellesley College in Wellesley,
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
. She graduated from Wellesley with 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 in 1969,
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal ...
. Graber attended
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
where she earned her Juris Doctor in 1972. She attended Yale with Hillary Rodham (now Clinton) and
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 ...
.


Legal career

Upon graduation Graber became an assistant attorney general for the
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ke ...
Bureau of Revenue, where she continued until 1974. That year she entered private law practice in Santa Fe, New Mexico, until 1975. In 1975 she moved to
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
where she returned to private practice, this time in
Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...
, until 1978. Then in 1978 Graber moved to
Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...
,
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
, where she became an associate at Stoel Rives Boley Jones and Grey (now Stoel Rives LLP).Press Release May 11, 1999.
University of Oregon. Retrieved on January 25, 2008.
In 1981 she became a partner. In 1986, the Northwest Women's Law Center gave her their Founder's Award to recognize her pro bono service. In 1983, while she was a practicing attorney, Graber was designated to serve occasionally as a state district court judge on a temporary or ''pro tempore'' basis when the regular judges of the court were unavailable. She also served as a mediator for 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 ...
from 1986 to 1988.


Judicial career


Oregon court of appeals

Graber began her career as a judge when Governor
Neil Goldschmidt Neil Edward Goldschmidt (born June 16, 1940) is an American businessman and Democratic politician from the state of Oregon who held local, state and federal offices over three decades. After serving as the United States Secretary of Transportat ...
appointed her to the
Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate Court of Appeals, appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem, Oregon, Salem. Except for death penalty cas ...
. She was appointed on February 11, 1988, to replace judge Thomas F. Young, who had died in office. Graber served on the court of appeals until May 2, 1990. While on the bench she served as president of the Oregon Appellate Judges Association.


Oregon Supreme Court

On May 2, 1990, Graber was appointed to the Oregon Supreme Court by Governor Goldschmidt to replace Robert E. Jones.Oregon Blue Book: Earliest Authorities in Oregon - Supreme Court Justices of Oregon.
Oregon Secretary of State. Retrieved on January 25, 2008.
Oregon State Archives: Oregon Governor's Records Guides.
Oregon Secretary of State. Retrieved on January 25, 2008.
However, Jones, prior to resigning his position, filed for re-election and won the election. Thus Jones resigned a second time and Goldschmidt appointed Graber a second time on January 7, 1991. She became the second woman to serve on that court, following Betty Roberts. Graber then won election to a full six-year term in 1992, but resigned on April 1, 1998, before the term expired. While on the court she was considered to be a candidate for appointment to 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 involve a point o ...
.


Federal judicial service

On July 30, 1997, 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 Graber to 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 ...
to replace Judge Edward Leavy, 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 ...
. She was subsequently 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 ...
by a 98–0 vote on March 17, 1998. She received her commission on March 19, 1998. With her appointment she became the first female judge to serve on that court from the state of Oregon. In 1998, the Classroom Law Project named her Legal Citizen of the Year, and in 2001 she received the Oregon For Country Award from
Yale University Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United Sta ...
. Graber was selected to be chairperson of the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
’s Committee on Appellate Practice in 2001. She has served on two committees of the United States Judicial Conference: Committee on State-Federal Jurisdiction (2010–13) and Committee on Rules of Practice and Procedure (2013–16). Judge Graber on February 11, 2021, announced her intention to assume senior status upon appointment of her successor. She assumed senior status on December 15, 2021, when her successor, Jennifer Sung 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 ...
.


Notable rulings

In 2006, Graber upheld a 159-year
mandatory minimum sentence Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
imposed on a mentally handicapped getaway driver. On November 30, 2021, Graber wrote the majority opinion in ''Duncan v. Bonta'', a major 2nd amendment case that dealt with a law regulating high-capacity gun magazines, specifically, the law prohibits gun magazines that hold more than 10 bullets. Graber and the 7-4 majority found that the law does not violate the 2nd amendment.


See also

*
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 ...
* List of first women lawyers and judges in Oregon


References


External links

* * {{DEFAULTSORT:Graber, Susan Pia 1949 births Living people 20th-century American Jews 20th-century American judges 20th-century American women judges 21st-century American Jews 21st-century American judges 21st-century American women judges American lawyers Judges of the United States Court of Appeals for the Ninth Circuit Lawyers from Oklahoma City Lawyers from Portland, Oregon New Mexico lawyers Ohio lawyers Oregon Court of Appeals judges Oregon state court judges Justices of the Oregon Supreme Court Politicians from Oklahoma City United States court of appeals judges appointed by Bill Clinton Wellesley College alumni Yale Law School alumni