Jon Ormond Newman (born May 2, 1932) is a senior United States circuit judge 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 covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...

Early life and career

Born in

New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

, Newman earned his Artium Baccalaureus degree from

Princeton University Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...

in 1953 and his

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

from

Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...

in 1956. After Yale, he clerked for Judge George Thomas Washington of the

United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...

and then clerked 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 turn on question ...

Chief Justice

Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presid ...

from 1957 to 1958. Additionally, he was in the

United States Army Reserve The United States Army Reserve (USAR) is a Military reserve force, 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 ...

from 1954 to 1962. He was in private practice from 1958 to 1960 in

Hartford Hartford is the List of capitals in the United States, capital city of the U.S. state of Connecticut. The city, located in Hartford County, Connecticut, Hartford County, had a population of 121,054 as of the 2020 United States census, 2020 ce ...

Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

, and served as a graduate instructor at

Trinity College Trinity College may refer to: Australia * Trinity Anglican College, an Anglican coeducational primary and secondary school in , New South Wales * Trinity Catholic College, Auburn, a coeducational school in the inner-western suburbs of Sydney, New ...

. He also served as special counsel to the

Governor of Connecticut The governor of Connecticut is the head of government of Connecticut, and the commander-in-chief of the U.S. state, state's Connecticut Military Department, military forces. The Governor (United States), governor has a duty to enforce state laws, ...

in 1960. He was executive assistant to the

United States Secretary of Health, Education, and Welfare The United States secretary of health and human services is the head of the United States Department of Health and Human Services, and serves as the principal advisor to the president of the United States on all health matters. The secretary is ...

from 1961 to 1962 and then joined the staff of

United States Senator The United States Senate consists of 100 members, two from each of the 50 U.S. state, states. This list includes all senators serving in the 119th United States Congress. Party affiliation Independent Senators Angus King of Maine and Berni ...

Abraham Ribicoff Abraham Alexander Ribicoff (April 9, 1910 – February 22, 1998) was an American politician from the state of Connecticut. A member of the Democratic Party, he represented Connecticut in the United States House of Representatives and Senate ...

as administrative assistant from 1963 to 1964. He was the

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for the District of Connecticut from 1964 to 1969 when

Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...

took office. He entered private practice in Hartford again until 1971 when he was nominated to a federal district judgeship.

Federal judicial service

Newman was nominated by President

on December 2, 1971, to a seat on the

United States District Court for the District of Connecticut The United States District Court for the District of Connecticut (in case citations, D. Conn.) is the federal district court whose jurisdiction is the state of Connecticut. The court has offices in Bridgeport, Hartford, and New Haven. Appeal ...

vacated by Judge William H. Timbers. He was confirmed by 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 ...

on December 11, 1971, received his commission on December 15, 1971, and began serving as a judge on January 17, 1972. His service as a District Judge terminated on June 25, 1979, due to his elevation to the Second Circuit. Newman was nominated by President

Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...

on April 30, 1979, to the

, to a new seat created by 92 Stat. 1629. He was confirmed by the Senate on June 19, 1979, and received his commission on June 21, 1979. He served as Chief Judge from 1993 to 1997. He assumed senior status on July 1, 1997.

Honor

On December 8, 2016, at a special ceremony at the

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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

, Justice

Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...

presented to Judge Newman, on behalf of the federal judiciary, the 2016 Edward J. Devitt Distinguished Service to Justice Award. The Devitt Award honors an Article III judge who has achieved a distinguished career and made significant contributions to the administration of justice, the advancement of the rule of law, and the improvement of society as a whole.

Noteworthy decisions

* ''Abele v. Markle'', 351 F. Supp. 224 (D. Conn. 1972) - Connecticut statute prohibiting abortions, except to save life of mother, was unconstitutional. * ''SCM Corp. v. Xerox Corp.'', 463 F. Supp. 983 (D. Conn. 1978) - After 14-month jury trial, probably the longest federal civil jury trial, Xerox Corp. did not violate antitrust laws by maintaining its plain paper copying monopoly
''Salinger v. Random House
'' 811 F.2d 90 (2d Cir.1987) - J.D. Salinger's biographer used too many of the author's letters to be exempted from copyright infringement by the doctrine of "fair use" * ''Kadic v. Karadzic'', 70 F.3d 232 (2d Cir. 1996) – There was subject matter jurisdiction under the Alien Tort Statute, Alien Tort Claim Act, 28 U.S.C.S. § 1350, to pursue an action for war crimes against a private individual * '' American Geophysical Union v. Texaco'', 60 F.3d 913 (2nd Cir., 1994) – Texaco's bulk photocopying of articles from scientific journals for its researchers was not fair use since it was in support of the company's commercial goals and not the public good. The first Second Circuit copyright case to consider

transformative use In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Tr ...

. * ''

Leibovitz v. Paramount Pictures Corp. ''Leibovitz v. Paramount Pictures Corp.'', 137 F.3d 109 (2d Cir. 1998), is an influential Second Circuit fair use case. Case background Annie Leibovitz is a professional portrait photographer who had published a photograph of celebrity Demi Moor ...

'', 137 F.3d 109 (2nd Cir. 1998) - poster for movie "Naked Gun 33 1/3" with photo of Demi Moore visibly pregnant and head of Leslie Nielsen replacing Moore's head and caption "Coming in February" was parody of Vanity Fair cover and exempt from copyright infringement as "fair use." *
United States of America v. Cromitie (Williams)
' (2nd Cir. 2013) (see 2009 Bronx terrorism plot) * ''Trump v. Deutsche Bank'' (2019) 943 F.3d 627 (2nd Cir. 2019) - Deutsche Bank must hand over financial records of Trump and others to the House of Representatives. This ruling along with 2 others regarding Trump's financial records was heard by the Supreme Court in 2020, and held that the lower court had not adequately addressed separation of powers concerns in the rulings.

References

Sources