Richard J. Leon
Encyclopedia
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
and current federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
. He has served as a judge of the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
since 2002.
Early life and education
Leon was born in South Natick, MassachusettsNatick, Massachusetts
Natick is a town in Middlesex County, Massachusetts, United States. Natick is located near the center of the MetroWest region of Massachusetts, with a population of 33,006 at the 2010 census. Only west from Boston, Natick is considered part of the Greater Boston area...
. In 1949,
He received his Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from the College of the Holy Cross
College of the Holy Cross
The College of the Holy Cross is an undergraduate Roman Catholic liberal arts college located in Worcester, Massachusetts, USA...
(where he was a classmate of future Supreme Court Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
) in 1971. He received his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Suffolk University Law School
Suffolk University Law School
Suffolk University Law School, also known as Suffolk Law School or SULS, is one of the professional graduate schools of Suffolk University. Suffolk University Law School is a private, non-sectarian, law school located in downtown Boston, Massachusetts. Suffolk University Law School was founded in...
in 1974.
Legal career
Leon served as a law clerkLaw 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 the justices of the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
from 1974 to 1975 and to Thomas F. Kelleher of the Rhode Island Supreme Court
Rhode Island Supreme Court
The Rhode Island Supreme Court, founded in 1747, is the court of last resort in the U.S. State of Rhode Island and Providence Plantations. The Court consists of a chief justice and four associate justices. The current Justices of the Rhode Island Supreme Court are:*Chief Justice Paul A...
from 1975 to 1976. Leon was an attorney for the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
of the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
from 1976 to 1977 and a Special Assistant U.S. Attorney
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in the office of the U.S. Attorney for the Southern District of New York
U.S. Attorney for the Southern District of New York
The U.S. Attorney for the Southern District of New York is the chief federal law enforcement officer in eight New York counties: New York , Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Preet Bharara, who was appointed by Barack Obama in 2009 is the U.S. Attorney for the...
working in the Civil Division
United States Department of Justice Civil Division
The United States Department of Justice Civil Division represents the United States, its departments and agencies, Members of Congress, Cabinet officers and other Federal employees...
from 1977 to 1978.
Leon received his LL.M.
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1981.
Leon was an assistant professor of law at St. John's University School of Law
St. John's University School of Law
St. John's University School of Law is a Roman Catholic law school in Queens, New York City, affiliated with St. John's University. The School of Law was founded in 1925, and confers Juris Doctor degrees and degrees for Master of Laws in Bankruptcy and Master of Laws in U.S. Studies. Over 13,000 St...
from 1979 to 1983 and a senior trial attorney in the U.S. Department of Justice from 1983 to 1987. Leon served as deputy chief minority counsel on the Select Committee to Investigate Covert Arms Transactions with Iran of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, which investigated the Iran-Contra affair
Iran-Contra Affair
The Iran–Contra affair , also referred to as Irangate, Contragate or Iran-Contra-Gate, was a political scandal in the United States that came to light in November 1986. During the Reagan administration, senior Reagan administration officials and President Reagan secretly facilitated the sale of...
, from 1987 to 1988.
Leon was appointed Deputy Assistant Attorney General
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
and served from 1988 to 1989, when he entered private practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, first with Baker & Hostetler
Baker Hostetler
Baker Hostetler is an American law firm based in Cleveland, Ohio and founded in 1916. One of the firm's founders, Newton D. Baker, was U.S. Secretary of War during World War I and former Mayor of Cleveland....
from 1989 to 1999 and then with Vorys, Sater, Seymour and Pease
Vorys, Sater, Seymour and Pease
Vorys, Sater, Seymour and Pease LLP is a large U.S. law firm and lobbying group based in Columbus, Ohio. It is the largest law firm based in Columbus and the fifth largest in the State of Ohio. In 2008, the National Law Journal ranked the firm the 121st largest in the United States...
from 1999 to 2002, when he was appointed to the district court.
Leon was a member of the President's Commission on White House Fellowships
White House Fellows
The White House Fellows program was established by President of the United States Lyndon B. Johnson in October 1964. President Johnson articulated that the mission of the program was "to give the Fellows first hand, high-level experience with the workings of the federal government and to increase...
from 1990 to 1993. Leon was appointed chief minority counsel on the October Surprise Task Force
October surprise conspiracy
The October Surprise conspiracy theory refers to an alleged plot to influence the outcome of the 1980 United States presidential election between incumbent Jimmy Carter and opponent Ronald Reagan ....
of the House Foreign Affairs Committee from 1992 to 1993. He served as special counsel to the House Financial Services Committee
United States House Committee on Financial Services
The United States House Committee on Financial Services is the committee of the United States House of Representatives that oversees the entire financial services industry, including the securities, insurance, banking, and housing industries...
in 1994. He has been an adjunct professor at Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
since 1997.
As federal judge
Leon was nominated to the United States District Court for the District of ColumbiaUnited States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
by 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....
on September 10, 2001, to the seat vacated by Norma Holloway Johnson
Norma Holloway Johnson
Norma Holloway Johnson was a former United States federal judge, and the first African American woman to serve as a US District Court Chief Judge....
. Confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
by the 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 February 14, 2002, he received commission
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
five days later.
Leon was responsible for adjudicating the habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petitions of several dozen captives held at the Guantanamo Bay detention camp.
Boumediene v. Bush
Boumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, which was eventually considered by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, was first heard by Leon.
By August 28, 2008, Leon had 24 cases assigned to him. http://www.webcitation.org/query?url=http%3A%2F%2Fap.google.com%2Farticle%2FALeqM5gUxng-zkl2uhqdCATFQyY9_8QV3QD92QQ83O9&date=2008-08-29
The Associated Press reported Leon hoped to resolve those cases before the presidential inauguration in 2009 and was concerned that the public and the detainees will be barred from observing the hearings: "If it can't be done, I have great concern that these hearings will be virtually or exclusively classified, closed to the public and, I might add, to the detainees."
During a hearing on October 23, 2008 Leon commented on the ambiguity of the term "enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
" and criticized Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and the Supreme Court for "We are here today, much to my dismay, I might add, to deal with a legal question that in my judgment should have been resolved a long time ago. I don't understand, I really don't, how the Supreme Court made the decision it made and left that question open... I don't understand how the Congress could let it go this long without resolving." http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/
On November 20th, Judge Leon ordered five detainees
Algerian Six
The Algerian Six are six Muslim men who had been imprisoned without charges at Guantanamo Bay Naval Base in Guantanamo Bay, Cuba since January 2002; five of them were ordered released after a long disputed habeas hearing before Judge Leon in the Federal District Court in Washington, D.C.; three...
released from Guantanamo Bay Naval Base
Guantanamo Bay Naval Base
Guantanamo Bay Naval Base is located on of land and water at Guantánamo Bay, Cuba which the United States leased for use as a coaling station following the Cuban-American Treaty of 1903. The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. It is the oldest overseas...
due to insufficient evidence.
In January 2010, Judge Leon preliminarily enjoined
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
the Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...
from blocking the importation of electronic cigarettes.
On November 7, 2011, Judge Leon issued a preliminary injunction against the FDA for trying to put graphic images on cigarette packs.