HOME

TheInfoList



OR:

David Jeremiah Barron (born July 7, 1967) is an American lawyer who serves as the Chief United States circuit judge of the
United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts ...
and former S. William Green Professor of Public Law at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
. He previously served as the Acting
Assistant Attorney General Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...
of the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
at the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
.


Early life and education

Barron was born on July 7, 1967, in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, and is the son of
George Washington University Law School The George Washington University Law School (GW Law) is the law school of George Washington University, a Private university, private research university in Washington, D.C. Established in 1865, GW Law is the oldest law school in Washington, D. ...
professor and former dean Jerome A. Barron. He 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, ''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'', in 1989, from
Harvard College Harvard College is the undergraduate education, undergraduate college of Harvard University, a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Part of the Harvard Faculty of Arts and Scienc ...
, serving as president of the
Harvard Crimson The Harvard Crimson is the nickname of the college sports teams of Harvard College. The school's teams compete in NCAA Division I. As of 2013, there were 42 Division I intercollegiate Varsity team, varsity sports teams for women and men at Harva ...
. After graduation, he worked as a reporter for
The News & Observer ''The News & Observer'' is an American regional daily newspaper that serves the greater Triangle area based in Raleigh, North Carolina. The paper is the largest in circulation in the state (second is the '' Charlotte Observer''). The paper has be ...
in
Raleigh Raleigh ( ) is the List of capitals in the United States, capital city of the U.S. state of North Carolina. It is the List of municipalities in North Carolina, second-most populous city in the state (after Charlotte, North Carolina, Charlotte) ...
,
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
, from 1989 to 1991. Returning to school, Barron received 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 ...
, ''magna cum laude'', in 1994, from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, where he was a member of the ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
''. He was a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
for Judge
Stephen Reinhardt Stephen Roy Reinhardt (born Stephen Roy Shapiro; March 27, 1931 – March 29, 2018) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal ...
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 ...
from 1994 to 1995 and for Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
of 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 ...
from 1995 to 1996. He worked as an attorney-advisor in the Justice Department's
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
from 1996 to 1999.


Academic career

Barron joined the Harvard Law School faculty as an assistant professor in 1999 and became a professor in 2004. He left the faculty upon his confirmation to the
Court of Appeals An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...
in 2014. In 2009, while on leave from his faculty position, Barron rejoined the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
as Acting
assistant attorney general Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...
. In 2010, he authored a secret memo which provided the legal foundation for
President Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. Ob ...
's unprecedented decision to order a drone strike on
Anwar al-Awlaki Anwar Nasser Abdulla al-Awlaki (; April 21 or 22, 1971September 30, 2011) was an American-Yemeni lecturer assassinated Drone strikes in Yemen, in Yemen in 2011 by a U.S. government drone strike ordered by President Barack Obama. Al-Awlaki was th ...
, an American citizen who was a radical Islamic militant living in Yemen. Barron's memo was described by ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' Editorial Board as "a slapdash pastiche of legal theories—some based on obscure interpretations of British and Israeli law—that was clearly tailored to the desired result." A lawyer for the
ACLU The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. ...
described the memo as "disturbing" and "ultimately an argument that the president can order targeted killings of Americans without ever having to account to anyone outside the executive branch." For Barron's service, he received the
National Intelligence Exceptional Achievement Medal The National Intelligence Exceptional Achievement Medal is an award of the National Intelligence Awards Program that recognizes a single significant act or contribution to the United States Intelligence Community and the United States as a whole. ...
from the Office of the
Director of National Intelligence The director of national intelligence (DNI) is a Cabinet of the United States#Current Cabinet and Cabinet-rank officials, cabinet-level Federal government of the United States, United States government intelligence and security official. The p ...
, as well as the
Secretary of Defense Medal for Outstanding Public Service A secretary, administrative assistant, executive assistant, personal secretary, or other similar titles is an individual whose work consists of supporting management, including executives, using a variety of project management, program evalu ...
. Barron returned to the Harvard Law School faculty in 2010 and was named the S. William Green Professor of Public Law in 2011. In 2012, he was appointed by Massachusetts Governor
Deval Patrick Deval Laurdine Patrick (born July 31, 1956) is an American politician who served as the 71st governor of Massachusetts from 2007 to 2015. He was the first African Americans, African-American Governor of Massachusetts and the first Democratic Pa ...
to the Massachusetts Board of Higher Education. and the Massachusetts State College Building Authority. He left academia in 2014 after his confirmation as a federal judge. He was elected fellow of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (The Academy) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and other ...
in 2020.


Federal judicial service

On September 24, 2013, President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
nominated Barron to serve as a United States Circuit Judge of the United States Court of Appeals for the First Circuit, to the seat vacated by Judge
Michael Boudin Michael Boudin ( ; November 29, 1939 – March 24, 2025) was an American lawyer and jurist who served as a United States circuit judge of the U.S. Court of Appeals for the First Circuit from 1992 to 2021. He served as Chief Judge of that court ...
, who assumed senior status on June 1, 2013. On January 16, 2014, his nomination was reported out of committee by a 10–8 vote. On Thursday, May 15, 2014, Senate Majority Leader
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States Senate, United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2 ...
filed a motion to invoke
cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
on the nomination. On Wednesday, May 21, 2014, 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 ...
invoked cloture on his nomination by a 52–43 vote. Several senators, including
Mark Udall Mark Emery Udall ( ; born July 18, 1950) is an American politician who served as a United States Senator from Colorado from 2009 to 2015. A member of the Democratic Party, he previously served in the United States House of Representatives, repres ...
(D) and
Rand Paul Randal Howard Paul (born January 7, 1963) is an American politician serving as the Seniority in the United States Senate, junior United States senator from Kentucky since 2011. A member of the Republican Party (United States), Republican ...
(R), pledged to oppose Barron's nomination unless the administration published the secret memos Barron authored on the legality of killing American citizens with drone strikes. Until senators began raising concerns about Barron's nomination, only those on the Judiciary and Intelligence committees had seen any of the classified memos. On May 22, 2014, his nomination was confirmed by a 53–45 vote. He received his judicial commission on May 23, 2014. He became Chief Judge on April 1, 2022, when Judge Jeffrey R. Howard assumed senior status.


Publications

Barron is known for coauthoring with Martin S. Lederman a
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
article titled "The Commander in Chief at the Lowest Ebb - Framing the Problem, Doctrine and Original Understanding," which was an attack of the advice given by the Office of Legal Counsel to President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
justifying Bush's use of executive power during the War on Terror. In 2016, Simon & Schuster published his book '' Waging War: The Clash Between Presidents and Congress, 1776 to ISIS''. In February 2017, Barron was named the winner of
Norwich University Norwich University is a private university in Northfield, Vermont, United States. The university was founded in 1819 as the "American Literary, Scientific and Military Academy". It is the oldest of six senior military college, senior militar ...
's 2017
Colby Award The William E. Colby Military Writers' Award was established in 1999 by the William E. Colby Military Writers' Symposium at Norwich University in Vermont in order to recognize "a first work of fiction or non-fiction that has made a major contributio ...
, which is awarded for works that make major academic contributions to the understanding of military history, intelligence activities, and foreign relations.


See also

*
Barack Obama Supreme Court candidates President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the Unite ...
*
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 United States courts of appeals United States district courts * Ronnie Abrams, J ...
*
List of law clerks of the Supreme Court of the United States (Seat 4) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each Associate Justice is permitted to employ four law clerks per Court term; the Chief ...


References


External links

* * * {{DEFAULTSORT:Barron, David 1967 births Living people 20th-century American lawyers 21st-century American lawyers 21st-century American Jews Fellows of the American Academy of Arts and Sciences Harvard College alumni Harvard Law School alumni Harvard Law School faculty Judges of the United States Court of Appeals for the First Circuit Law clerks of the Supreme Court of the United States Lawyers from Washington, D.C. Massachusetts lawyers The Harvard Crimson people United States assistant attorneys general for the Office of Legal Counsel United States court of appeals judges appointed by Barack Obama