Susan Graber
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Susan Pia Graber (born July 5, 1949) is an American attorney and jurist. She is a
senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...
United States circuit judge 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 ...
. A native of
Oklahoma Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northea ...
, she was the 90th justice of the
Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest State court (United States), state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.
from 1990 to 1998. She served on the
Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem. Except for death penalty cases, which are reserved to the O ...
from 1988 to 1990.


Early life

Graber was born in
Oklahoma City Oklahoma City (), officially the City of Oklahoma City, and often shortened to OKC, is the List of capitals in the United States, capital and List of municipalities in Oklahoma, most populous city of the U.S. state of Oklahoma. The county seat ...
,
Oklahoma Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northea ...
, on July 5, 1949, to a
Jewish Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
family. After high school Graber attended
Wellesley College Wellesley College is a Private university, private Women's colleges in the United States, historically women's Liberal arts colleges in the United States, liberal arts college in Wellesley, Massachusetts, United States. Founded in 1870 by Henr ...
in Wellesley,
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
. She graduated from Wellesley with 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 in 1969,
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
. Graber attended
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 ...
where she earned her
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 ...
in 1972. She attended Yale with Hillary Rodham (now Clinton) and
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
.


Legal career

Upon graduation Graber became an assistant attorney general for the
New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...
Bureau of Revenue, where she continued until 1974. That year she entered private law practice in Santa Fe, New Mexico, until 1975. In 1975 she moved to
Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...
where she returned to private practice, this time with
Taft Stettinius & Hollister LLP Taft Stettinius & Hollister, commonly known as "Taft", is an American, AmLaw100 law firm founded in 1885 with offices in Cincinnati, Cleveland, Columbus, Dayton and Delaware, Ohio; Chicago, Illinois; Colorado Springs and Denver, Colorado; Detroit ...
in
Cincinnati Cincinnati ( ; colloquially nicknamed Cincy) is a city in Hamilton County, Ohio, United States, and its county seat. Settled in 1788, the city is located on the northern side of the confluence of the Licking River (Kentucky), Licking and Ohio Ri ...
, until 1978. Then in 1978 Graber moved to
Portland Portland most commonly refers to: *Portland, Oregon, the most populous city in the U.S. state of Oregon *Portland, Maine, the most populous city in the U.S. state of Maine *Isle of Portland, a tied island in the English Channel Portland may also r ...
,
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
, where she became an associate at Stoel Rives Boley Jones and Grey (now
Stoel Rives LLP Stoel Rives LLP is a U.S. business law firm with 10 office locations in seven U.S. states and Washington, D.C. Headquartered in Portland, Oregon, in the Park Avenue West Tower, it is the largest law firm in the state of Oregon, having 326 attor ...
).Press Release May 11, 1999.
University of Oregon. Retrieved on January 25, 2008.
In 1981 she became a partner. In 1986, the Northwest Women's Law Center gave her their Founder's Award to recognize her pro bono service. In 1983, while she was a practicing attorney, Graber was designated to serve occasionally as a state district court judge on a temporary or ''pro tempore'' basis when the regular judges of the court were unavailable. She also served as a
mediator Mediation is a structured, voluntary process for resolving disputes, facilitated by a neutral third party known as the mediator. It is a structured, interactive process where an independent third party, the mediator, assists disputing parties ...
for the
United States District Court for the District of Oregon The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. ...
from 1986 to 1988.


Judicial career


Oregon court of appeals

Graber began her career as a judge when Governor
Neil Goldschmidt Neil Edward Goldschmidt (June 16, 1940 – June 12, 2024) was an American businessman and Democratic politician from the state of Oregon who held local, state, and federal offices over three decades. After serving as mayor of Portland, Oregon, ...
appointed her to the
Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem. Except for death penalty cases, which are reserved to the O ...
. She was appointed on February 11, 1988, to replace judge Thomas F. Young, who had died in office. Graber served on the court of appeals until May 2, 1990. While on the bench she served as president of the Oregon Appellate Judges Association.


Oregon Supreme Court

On May 2, 1990, Graber was appointed to the Oregon Supreme Court by Governor Goldschmidt to replace Robert E. Jones.Oregon Blue Book: Earliest Authorities in Oregon - Supreme Court Justices of Oregon.
Oregon Secretary of State. Retrieved on January 25, 2008.
Oregon State Archives: Oregon Governor's Records Guides.
Oregon Secretary of State. Retrieved on January 25, 2008.
However, Jones, prior to resigning his position, filed for re-election and won the election. Thus Jones resigned a second time and Goldschmidt appointed Graber a second time on January 7, 1991. She became the second woman to serve on that court, following Betty Roberts. Graber then won election to a full six-year term in 1992, but resigned on April 1, 1998, before the term expired. While on the court she was considered to be a candidate for appointment to 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 ...
.


Federal judicial service

On July 30, 1997, President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
nominated Graber to 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 ...
to replace Judge Edward Leavy, who assumed senior status. She was subsequently 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 ...
by a 98–0 vote on March 17, 1998. She received her commission on March 19, 1998. With her appointment she became the first female judge to serve on that court from the state of Oregon. In 1998, the Classroom Law Project named her Legal Citizen of the Year, and in 2001 she received the Oregon For Country Award from
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
. Graber was selected to be chairperson of the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
’s Committee on Appellate Practice in 2001. She has served on two committees of the United States Judicial Conference: Committee on State-Federal Jurisdiction (2010–13) and Committee on Rules of Practice and Procedure (2013–16). Judge Graber on February 11, 2021, announced her intention to assume senior status upon appointment of her successor. She assumed senior status on December 15, 2021, when her successor, Jennifer Sung 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 ...
.


Notable rulings

In 2006, Graber upheld a 159-year mandatory minimum sentence imposed on a mentally handicapped getaway driver. On November 30, 2021, Graber wrote the majority opinion in ''Duncan v. Bonta'', a major 2nd amendment case that dealt with a law regulating high-capacity gun magazines, specifically, the law prohibits gun magazines that hold more than 10 bullets. Graber and the 7-4 majority found that the law does not violate the 2nd amendment.


See also

*
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 first women lawyers and judges in Oregon


References


External links

* * {{DEFAULTSORT:Graber, Susan Pia 1949 births Living people 20th-century American Jews 20th-century American judges 20th-century American women judges 21st-century American Jews 21st-century American judges 21st-century American women judges American lawyers Judges of the United States Court of Appeals for the Ninth Circuit Lawyers from Oklahoma City Lawyers from Portland, Oregon New Mexico lawyers Ohio lawyers Oregon Court of Appeals judges Oregon state court judges Justices of the Oregon Supreme Court Politicians from Oklahoma City United States court of appeals judges appointed by Bill Clinton Wellesley College alumni Yale Law School alumni Jews from Oklahoma