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: 1981-2012at
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