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Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States district judge of the United States District Court for the Northern District of New York.


Education and career

Miner was born on April 14, 1934, in
Hudson Hudson may refer to: People * Hudson (given name) * Hudson (surname) * Henry Hudson, English explorer * Hudson (footballer, born 1986), Hudson Fernando Tobias de Carvalho, Brazilian football right-back * Hudson (footballer, born 1988), Hudso ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
. He received a Bachelor of Laws from
New York Law School New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
in 1956. He received a Bachelor of Science from
State University of New York The State University of New York (SUNY, , ) is a system of public colleges and universities in the State of New York. It is one of the largest comprehensive system of universities, colleges, and community colleges in the United States. Led by c ...
in 1977. He served as a Captain in the
United States Army Judge Advocate General's Corps The Judge Advocate General's Corps of the United States Army, also known as the U.S. Army JAG Corps, is the legal arm of the United States Army. It is composed of Army officers who are also lawyers and who provide legal services to the Army at a ...
from 1956 to 1959. He was in private practice of law in Hudson from 1959 to 1975. He was corporation counsel for the City of Hudson, New York from 1961 to 1964. He was an assistant district attorney of Columbia County, New York in 1964. He was the district attorney of Columbia County from 1968 to 1975. He was an adjunct associate professor, Columbia-Greene Community College from 1974 to 1979. He was a justice of the New York State Supreme Court from 1976 to 1981. He was an adjunct professor, New York Law School from 1986 to 1996. He was an adjunct professor of Albany Law School of Union University from 1997 until his death.


Federal judicial service

Miner was nominated by President
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 ...
on July 28, 1981, to a seat on the United States District Court for the Northern District of New York vacated by Judge
James Thomas Foley James Thomas Foley (July 9, 1910 – August 17, 1990) was a United States district judge of the United States District Court for the Northern District of New York from 1949 to 1990 and Chief Judge from 1963 to 1980. Education and career Born o ...
. He was confirmed by the United States Senate on September 25, 1981, and received commission on September 28, 1981. His service was terminated on August 2, 1985, due to elevation to the Second Circuit. Miner was nominated by President Reagan on June 25, 1985, to the United States Court of Appeals for the Second Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the Senate on July 22, 1985, and received commission the same day. He assumed senior status on January 1, 1997 due to a certified disability, serving in that status until his death.


Supreme Court consideration

In 1987 after Robert Bork’s Supreme Court nomination was rejected by
the Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the eld ...
, President Reagan considered appointing Miner. Miner was alongside eventual nominee Anthony Kennedy and
Ralph K. Winter Jr. Ralph Karl Winter Jr. (July 30, 1935 – December 8, 2020) was a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born in Waterbury, Connecticut, Winter graduated from the Taft Scho ...
one of three candidates considered acceptable by the Senate’s Democratic majority under the leadership of Joe Biden and Robert Byrd. Miner was, however, opposed by some Senate Republicans, and drew strong opposition from
anti-abortion Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respons ...
and
right-to-work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized ...
groups, because of his refusal to state his position on abortion. The seat, formerly held by
Lewis F. Powell Jr Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduate ...
, ultimately went to Kennedy. Kirsten Gillibrand, the junior Senator from New York, served as his law clerk from 1992-1993.


Notable case

In January 1987 Miner and
Jon O. Newman 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. Education and legal training Born in New York City, New York, Newman earned his Artium Baccalaureus de ...
heard ''
Salinger v. Random House ''Salinger v. Random House, Inc.'', 811 F.2d 90 (2d Cir. 1987) is a United States case on the application of copyright law to unpublished works. In a case about author J. D. Salinger's unpublished letters, the Second Circuit held that the right of ...
'', deciding that with unpublished works the right of the copyright owner to control publication took precedence over the right of " fair use". This was interpreted as setting the right of an individual to privacy ahead of the public right to know.


Death

Roger Miner died of
heart failure Heart failure (HF), also known as congestive heart failure (CHF), is a syndrome, a group of signs and symptoms caused by an impairment of the heart's blood pumping function. Symptoms typically include shortness of breath, excessive fatigue, a ...
at his
Hudson Hudson may refer to: People * Hudson (given name) * Hudson (surname) * Henry Hudson, English explorer * Hudson (footballer, born 1986), Hudson Fernando Tobias de Carvalho, Brazilian football right-back * Hudson (footballer, born 1988), Hudso ...
home. He was survived by his wife, Jacqueline, several sons and a brother.


See also

* George H. W. Bush Supreme Court candidates * List of Jewish American jurists


References


External links

*
Archival Collection of Judge Roger J. Miner: 1981-2012
at The Political Graveyard * {{DEFAULTSORT:Miner, Roger Jeffrey 1934 births 2012 deaths People from Hudson, New York 20th-century American Jews County district attorneys in New York (state) Judges of the United States Court of Appeals for the Second Circuit Judges of the United States District Court for the Northern District of New York New York Law School alumni New York Law School faculty New York (state) lawyers New York Supreme Court Justices New York (state) Republicans United States Army officers United States court of appeals judges appointed by Ronald Reagan United States district court judges appointed by Ronald Reagan 20th-century American judges 21st-century American Jews