M. Blane Michael
Encyclopedia
Martin Blane Michael was a Circuit Judge on the United States Court of Appeals for the Fourth Circuit
. He was nominated by President Bill Clinton
on August 6, 1993, to a seat vacated by James Marshall Sprouse
. Michael's confirmation by the United States Senate
on September 30, 1993, made him the first federal judge to be appointed by a Democratic president since Ronald Reagan
became President in 1981. Michael received his commission on October 1, 1993 and began judicial service on October 12, 1993.
Born in Charleston, South Carolina
, Michael grew up in Grant County, West Virginia
, and in 1965 he earned an A.B., magna cum laude, at West Virginia University
, where he was student body president and elected to Phi Beta Kappa. He then attended New York University
School of Law, where he earned a J.D. in 1968. He spent three years in private practice (at the New York law firm of Sullivan & Cromwell
) before becoming an Assistant U.S. Attorney for the Southern District of New York in 1971, handling criminal cases. Michael's contemporaries in the U.S. Attorney's Office included John M. Walker, Jr.
and Richard Ben-Veniste
. For family reasons Michael returned to his home state in 1972, becoming a special Assistant U.S. Attorney in the Northern District of West Virginia. From 1973 to 1975 he was in private practice in Petersburg, West Virginia, and he served for one year as a law clerk
to United States District Judge Robert E. Maxwell of the Northern District of West Virginia from 1975 to 1976.
After John D. Rockefeller IV was elected Governor of West Virginia, Michael served from 1977 to 1980 as Counsel to the Governor. In 1981 he returned to private practice (at the state's oldest and largest law firm, Jackson & Kelly, in Charleston, West Virginia
), where he worked as a commercial litigator until his appointment to the Court of Appeals in 1993. While in private practice Michael also served at one point as campaign manager for the re-election of United States Senator Robert C. Byrd.
Michael had often been in disagreement with his judicial colleagues on the Fourth Circuit, which has been called the "boldest" conservative appellate court in the United States. He also fostered collegiality on the court. As Circuit Judge J. Harvie Wilkinson III noted in a 2005 speech published in the Northwestern University
Law Review, Michael and Wilkinson jog together in their spare time when they are in Richmond, Virginia
to hear oral arguments, even though they have very different judicial perspectives. According to newspaper accounts, when officials in the administration of President George W. Bush
consulted Senator Byrd in the summer of 2005 about the United States Supreme Court vacancy caused by the death of Chief Justice William H. Rehnquist, Byrd suggested Michael be nominated to fill the seat.
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. He was nominated by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on August 6, 1993, to a seat vacated by James Marshall Sprouse
James Marshall Sprouse
James Marshall Sprouse was a United States federal judge.Born in Williamson, West Virginia, Sprouse was in the United States Army, 104th Division, during World War II from 1942 to 1945. He received an A.B. from St. Bonaventure University in 1947 and an LL.B. from Columbia Law School in 1949...
. Michael's confirmation by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on September 30, 1993, made him the first federal judge to be appointed by a Democratic president since Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
became President in 1981. Michael received his commission on October 1, 1993 and began judicial service on October 12, 1993.
Born in Charleston, South Carolina
Charleston, South Carolina
Charleston is the second largest city in the U.S. state of South Carolina. It was made the county seat of Charleston County in 1901 when Charleston County was founded. The city's original name was Charles Towne in 1670, and it moved to its present location from a location on the west bank of the...
, Michael grew up in Grant County, West Virginia
Grant County, West Virginia
As of the census of 2000, there were 11,299 people, 4,591 households, and 3,273 families residing in the county. The population density was 24 people per square mile . There were 6,105 housing units at an average density of 13 per square mile...
, and in 1965 he earned an A.B., magna cum laude, at West Virginia University
West Virginia University
West Virginia University is a public research university in Morgantown, West Virginia, USA. Other campuses include: West Virginia University at Parkersburg in Parkersburg; West Virginia University Institute of Technology in Montgomery; Potomac State College of West Virginia University in Keyser;...
, where he was student body president and elected to Phi Beta Kappa. He then attended New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
School of Law, where he earned a J.D. in 1968. He spent three years in private practice (at the New York law firm of Sullivan & Cromwell
Sullivan & Cromwell
Sullivan & Cromwell LLP is an international law firm headquartered in New York. The firm has approximately 800 lawyers in 12 offices, located in financial centers in the United States, Asia, Australia and Europe. Sullivan & Cromwell was founded by Algernon Sydney Sullivan and William Nelson...
) before becoming an Assistant U.S. Attorney for the Southern District of New York in 1971, handling criminal cases. Michael's contemporaries in the U.S. Attorney's Office included John M. Walker, Jr.
John M. Walker, Jr.
John Mercer Walker, Jr. is a judge of the United States Court of Appeals for the Second Circuit and a cousin of U.S. Presidents George H. W. Bush and George W. Bush...
and Richard Ben-Veniste
Richard Ben-Veniste
Richard Ben-Veniste , is an American lawyer. He first rose to prominence as a special prosecutor during the Watergate scandal. He has also been a member of the 9/11 Commission. He is known for his pointed questions and criticisms of members of both the Clinton and George W...
. For family reasons Michael returned to his home state in 1972, becoming a special Assistant U.S. Attorney in the Northern District of West Virginia. From 1973 to 1975 he was in private practice in Petersburg, West Virginia, and he served for one year as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
to United States District Judge Robert E. Maxwell of the Northern District of West Virginia from 1975 to 1976.
After John D. Rockefeller IV was elected Governor of West Virginia, Michael served from 1977 to 1980 as Counsel to the Governor. In 1981 he returned to private practice (at the state's oldest and largest law firm, Jackson & Kelly, in Charleston, West Virginia
Charleston, West Virginia
Charleston is the capital and largest city of the U.S. state of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 census, it has a population of 51,400, and its metropolitan area 304,214. It is the county seat of Kanawha County.Early...
), where he worked as a commercial litigator until his appointment to the Court of Appeals in 1993. While in private practice Michael also served at one point as campaign manager for the re-election of United States Senator Robert C. Byrd.
Michael had often been in disagreement with his judicial colleagues on the Fourth Circuit, which has been called the "boldest" conservative appellate court in the United States. He also fostered collegiality on the court. As Circuit Judge J. Harvie Wilkinson III noted in a 2005 speech published in the Northwestern University
Northwestern University
Northwestern University is a private research university in Evanston and Chicago, Illinois, USA. Northwestern has eleven undergraduate, graduate, and professional schools offering 124 undergraduate degrees and 145 graduate and professional degrees....
Law Review, Michael and Wilkinson jog together in their spare time when they are in Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
to hear oral arguments, even though they have very different judicial perspectives. According to newspaper accounts, when officials in the administration of President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
consulted Senator Byrd in the summer of 2005 about the United States Supreme Court vacancy caused by the death of Chief Justice William H. Rehnquist, Byrd suggested Michael be nominated to fill the seat.