Scott Milne Matheson Jr. (born Scott Milne Matheson III; July 15, 1953) is a
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 Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Dist ...
. He has served on that court since 2010.
A native of Salt Lake City, Matheson graduated from
Stanford University, attended
Oxford University
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
as a
Rhodes Scholar
The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom.
Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
, and received his
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
degree from the
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 ...
. After working in private practice for several years, Matheson became a law professor at the
University of Utah
The University of Utah (U of U, UofU, or simply The U) is a public research university in Salt Lake City, Utah. It is the flagship institution of the Utah System of Higher Education. The university was established in 1850 as the University of D ...
S.J. Quinney College of Law
The S.J. Quinney College of Law is the professional graduate law school of the University of Utah. Located in Salt Lake City, Utah, the school was established in 1913. It is a member of the Association of American Law Schools and is accredited ...
, where he served as dean from 1998 to 2006. Matheson 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 Utah
During the American Civil War in the early 1860s, the District of Utah was a subordinate district of the U.S. Army's Department of the Pacific. The district was composed of territorial areas that later became parts of the modern U.S. states of Id ...
from 1993 to 1997.
Early life and education
Matheson was born and raised in
Salt Lake City
Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, th ...
,
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
. His father,
Scott M. Matheson
Scott Milne Matheson Jr. (January 8, 1929 – October 7, 1990) was an American politician who served as the 12th Governor of Utah from 1977 to 1985. He is the most recent Democrat to serve in that position.
Biography
Matheson was born on Jan ...
, served as
Governor of Utah
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
from 1977 to 1985, his mother,
Norma Matheson
Norma Louise Matheson (September 13, 1929 – July 28, 2019) was an American politician, political strategist, activist, and conservationist who served as the First Lady of Utah from 1977 until 1985. Matheson, the wife of former Governor Scott ...
, served as First Lady of Utah, and his brother,
Jim Matheson
James David Matheson (born March 21, 1960) is an American politician who served as a United States Representative from Utah from 2001 to 2015. He represented Utah's 2nd district from 2001 to 2013 and its from 2013 to 2015 as a member of the Dem ...
, served as a
United States Representative
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together the ...
from
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
from 2001 to 2015.
Matheson earned an
Bachelors 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 years ...
degree with distinction from
Stanford University in 1975, where he won the Anna Laura Myers Prize for an outstanding undergraduate economics thesis.
He then went to
Magdalen College, Oxford, as a
Rhodes Scholar
The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom.
Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
, receiving a
Master of Arts
A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. ...
degree in modern history in 1977.
[ He then attended the ]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 he was a notes editor for the ''Yale Law Journal
The ''Yale Law Journal'' (YLJ), known also as the ''Yale Law Review'', is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students ...
'' and graduated with a Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
in 1980.[President Obama Nominates Scott M. Matheson Jr. to the United States Court of Appeals for the Tenth Circuit]
''obamawhitehouse.archives.gov'' (March 3, 2010).
Professional career
After graduating from law school, Matheson first worked as his father's campaign manager for the 1980 Utah gubernatorial election
The 1980 Utah gubernatorial election was held on November 4, 1980. Democratic incumbent Scott M. Matheson defeated Republican nominee Bob Wright with 55.16% of the vote. , this is the last time a Democrat was elected Governor of Utah; since M ...
. In 1981, he entered private practice as an associate attorney at the Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
litigation firm Williams & Connolly
Williams & Connolly LLP is an American law firm based in Washington, D.C. The firm was founded by trial lawyer Edward Bennett Williams in collaboration with Paul Connolly, a former student of his. Williams left the partnership of D.C. firm Hoga ...
.
In 1985, Matheson joined the faculty of the S.J. Quinney College of Law
The S.J. Quinney College of Law is the professional graduate law school of the University of Utah. Located in Salt Lake City, Utah, the school was established in 1913. It is a member of the Association of American Law Schools and is accredited ...
at the University of Utah
The University of Utah (U of U, UofU, or simply The U) is a public research university in Salt Lake City, Utah. It is the flagship institution of the Utah System of Higher Education. The university was established in 1850 as the University of D ...
. There, Matheson primarily taught constitutional law, criminal law, and civil procedure.[ Matheson was also extensively involved in law administration and law reform efforts, serving as a vice-chair of the Utah Constitutional Revision Committee, a chair of the Utah Supreme Court Advisory Committee on the Rules of Evidence, and a member of the Utah State Bar Commission. Matheson was also involved in efforts to expand legal aid in Utah, establishing a Pro Bono Initiative at the S.J. Quinney College of Law and serving on the Board of Trustees of the Legal Aid Society of Salt Lake.][
During his time as a law professor, Matheson contributed to various other institutions during leaves of absence. From 1988 to 1989, Matheson served as the Deputy County Attorney for ]Salt Lake County
Salt Lake County is located in the U.S. state of Utah. As of the 2020 United States Census, the population was 1,185,238, making it the most populous county in Utah. Its county seat and largest city is Salt Lake City, the state capital. The co ...
.[ From 1989 to 1990, Matheson was a visiting professor in the Frank Stanton Chair on the First Amendment at ]Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
's John F. Kennedy School of Government
The Harvard Kennedy School (HKS), officially the John F. Kennedy School of Government, is the school of public policy and government of Harvard University in Cambridge, Massachusetts. The school offers master's degrees in public policy, public a ...
. From 1993 to 1997, Matheson 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 Utah.[
Matheson served as dean of the S.J. Quinney School of Law from 1998 to 2006.][ After concluding his deanship, Matheson spent his one-year sabbatical as a Public Policy Scholar at the ]Woodrow Wilson International Center for Scholars
The Woodrow Wilson International Center for Scholars (or Wilson Center) is a quasi-government entity and think tank which conducts research to inform public policy. Located in the Ronald Reagan Building and International Trade Center in Wash ...
in Washington, DC.[
From 2007 to 2008, Matheson chaired the Utah Mine Safety Commission, which was formed in response to the ]Crandall Canyon Mine
The Crandall Canyon Mine, formerly Genwal Mine, was an underground bituminous coal mine in northwestern Emery County, Utah.
The mine made headline news when six miners were trapped by a collapse in August 2007. Ten days later, three rescue workers ...
disaster and charged with improving mine safety and disaster response in the state.
Matheson was also the unsuccessful Democratic
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
candidate for Governor of Utah in 2004, losing to Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or again ...
Jon Huntsman Jr.
Jon Meade Huntsman Jr. (born March 26, 1960) is an American businessman, diplomat and politician who served as the 16th Governor of Utah from 2005 to 2009. A member of the Republican Party, he served as the Ambassador of the United States to ...
with 41.4% of the vote.
Matheson is the author of the book ''Presidential Constitutionalism in Perilous Times'' (2009) and numerous law review articles.
Federal judicial service
On March 3, 2010, President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese f ...
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated Matheson to the United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Dist ...
to replace Michael W. McConnell
Michael William McConnell (born May 18, 1955) is an American constitutional law scholar who served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit from 2002 to 2009. Since 2009, McConnell has been a ...
, who resigned in August 2009 to return to academia.[ Matheson's nomination was unanimously approved by the Senate Judiciary Committee.]
However, sources such as the Fox News Channel
The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is ...
and conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
magazine ''The Weekly Standard
''The Weekly Standard'' was an American neoconservative political magazine of news, analysis and commentary, published 48 times per year. Originally edited by founders Bill Kristol and Fred Barnes, the ''Standard'' had been described as a "r ...
'' alleged that Obama hoped to influence Matheson's brother, Representative
Representative may refer to:
Politics
*Representative democracy, type of democracy in which elected officials represent a group of people
*House of Representatives, legislative body in various countries or sub-national entities
*Legislator, someon ...
Jim Matheson
James David Matheson (born March 21, 1960) is an American politician who served as a United States Representative from Utah from 2001 to 2015. He represented Utah's 2nd district from 2001 to 2013 and its from 2013 to 2015 as a member of the Dem ...
, to vote for the Patient Protection and Affordable Care Act
The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Pres ...
. According to '' The Salt Lake Tribune'', "Rep. Jim Matheson called the claim simply absurd, as did the White House
The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue Northwest, Washington, D.C., NW in Washington, D.C., and has been the residence of every U.S. preside ...
, Senator
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 e ...
Orrin Hatch
Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. sena ...
and pretty much everyone who knows the Mathesons."
Hatch, an establishment conservative Republican from Utah, supported Matheson and helped shepherd the nomination through the Senate. On December 22, 2010, the U.S. Senate confirmed the nomination. Matheson received his judicial commission on December 27, 2010.
Notable cases
Awad v. Ziriax, 670 F.3d 1111 (10th Cir. 2012): The court (per Judge Matheson, joined by Judges O’Brien and McKay) upheld a district court’s grant of a preliminary injunction to prevent the Oklahoma State Election Board from certifying a proposed amendment to the Oklahoma Constitution that would prevent Oklahoma state courts from using or considering Sharia law.
Bandimere v. SEC, 844 F.3d 1168 (10th Cir. 2016): The court (per Judge Matheson, joined by Judge Briscoe, with Judge McKay dissenting) held that the Securities and Exchange Commission’s administrative-law judges were “inferior officers” subject to the Appointments Clause. The court’s decision opened a circuit split with the D.C. Circuit. ''Raymond J. Lucia Cos. v. SEC'', 832 F.3d 277 (D.C. Cir. 2016), ''rehearing denied'', 868 F.3d 1021, ''rev’d'', 138 S. Ct. 2044 (2018). The Supreme Court granted certiorari on ''Lucia'' and agreed with the Tenth Circuit’s holding that the Securities and Exchange Commission’s administrative-law judges were “inferior officers.”
Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) (en banc), ''aff’d'', 134 S. Ct. 2751 (2014): Judge Matheson filed an opinion concurring in part and dissenting in part from the ''en banc'' majority’s decision that reversed the district court’s denial of a motion for a preliminary injunction in a challenge to a federal regulation that required employers to provide health insurance for employees that covered certain contraceptives.
Little Sisters of the Poor v. Burwell, 794 F.3d 1151 (10th Cir. 2015), ''vacated and remanded'', 136 S. Ct. 1557: A group of nonprofit religious employers challenged regulations by the Department of Health and Human Services that provided accommodations for religious objectors to a regulatory mandate to provide employees with health insurance coverage for contraceptives. Hearing appeals from the District of Colorado and Western District of Oklahoma, the Tenth Circuit (per Judge Matheson) held that preliminary injunctive relief was not warranted, concluding that the religious accommodation scheme established by the regulations relieved the plaintiffs of the contraceptive mandate, did not burden religious exercise in violation of RFRA, and did not infringe on First Amendment rights. The Supreme Court granted certiorari on the Tenth Circuit’s decision along with decisions from the Third, Fifth, and District of Columbia Circuits. On certiorari, the Supreme Court did not reach the merits. Rather, the Court vacated and remanded on narrow grounds, ordering the lower courts to examine a new argument that arose in supplemental briefing before the Court.
Murphy v. Royal, 866 F.3d 1164 (10th Cir. 2017), ''amended and superseded on denial of rehearing en banc'', 875 F.3d 896 (10th Cir. 2017), ''aff'd'', 140 S.Ct. 2412 (2020) (''per curiam''): Patrick Dwayne Murphy, a prisoner convicted by an Oklahoma state court, filed a petition for a writ of habeas corpus in a federal district court. The Tenth Circuit (per Judge Matheson, joined by Chief Judge Tymkovich and Judge Phillips) applied the three-part test for the disestablishment or diminishment of an Indian reservation in ''Solem v. Bartlett'', 465 U.S. 463 (1984), and found that Congress had not disestablished the Creek Reservation, which covered about half of modern-day Oklahoma and most of the city of Tulsa. As Murphy was an Indian charged with a crime that occurred in the Creek Reservation, the Oklahoma state court lacked jurisdiction over his charges. In the Tenth Circuit’s order denying rehearing en banc, Chief Judge Tymkovich wrote a concurrence that urged the Supreme Court to grant certiorari and reconsider the three-part test in ''Solem''. The Supreme Court granted certiorari, but split 4-4 with Justice Gorsuch recused. The issue was then resolved by ''McGirt v. Oklahoma'', 140 S. Ct. 2452 (2020), and the Supreme Court affirmed in ''Murphy'' in light of ''McGirt''.
References
External links
*
*
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{{DEFAULTSORT:Matheson, Scott Milne Jr.
1953 births
21st-century American judges
Alumni of Magdalen College, Oxford
Latter Day Saints from Utah
American Rhodes Scholars
Judges of the United States Court of Appeals for the Tenth Circuit
Living people
Stanford University alumni
United States Attorneys for the District of Utah
United States court of appeals judges appointed by Barack Obama
University of Utah faculty
Utah Democrats
Yale Law School alumni
Williams & Connolly people