Virginia A. Phillips
Encyclopedia
Virginia A. Phillips is a judge of the United States District Court for the Central District of California
.
, Phillips received a B.A.
from the University of California, Riverside
, in 1979 and a J.D.
from the University of California, Berkeley, Boalt Hall School of Law
in 1982. She was in private practice in Riverside, California
, from 1982 to 1991. She was a Commissioner for the Riverside County Superior Court from 1991 to 1995.
for the Central District of California. On January 26, 1999, Phillips was nominated by President Bill Clinton
to be a district judge for the Central District, a seat vacated by William M. Byrne, Jr. She was confirmed by the United States Senate
on November 10, 1999, and received her commission on November 15, 1999.
's "don't ask, don't tell
" policy is unconstitutional
in the case Log Cabin Republicans v. United States of America
. On October 12, Phillips issued a permanent worldwide injunction
ordering the military to immediately "suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under "don't ask, don't tell". The Ninth Circuit stayed the injunction pending appeal but on July 6, 2011, lifted the stay. On September 29, 2011, the Ninth Circuit vacated the district court's decision, ruling that the legislative repeal of "don't ask, don't tell" had rendered the case moot
.
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
.
Early life and education
Born (as Virginia Ettinger) and raised in Orange, CaliforniaOrange, California
Southern California is well-known for year-round pleasant weather: - On average, the warmest month is August. - The highest recorded temperature was in 1985. - On average, the coolest month is December. - The lowest recorded temperature was in 1950...
, Phillips received a B.A.
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 University of California, Riverside
University of California, Riverside
The University of California, Riverside, commonly known as UCR or UC Riverside, is a public research university and one of the ten general campuses of the University of California system. UCR is consistently ranked as one of the most ethnically and economically diverse universities in the United...
, in 1979 and a 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 the University of California, Berkeley, Boalt Hall School of Law
UC Berkeley School of Law
The University of California, Berkeley, School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. Berkeley Law is consistently regarded as an elite and prestigious law school...
in 1982. She was in private practice in Riverside, California
Riverside, California
Riverside is a city in Riverside County, California, United States, and the county seat of the eponymous county. Named for its location beside the Santa Ana River, it is the largest city in the Riverside-San Bernardino-Ontario metropolitan area of Southern California, 4th largest inland California...
, from 1982 to 1991. She was a Commissioner for the Riverside County Superior Court from 1991 to 1995.
Judicial service
In 1995, Phillips became a United States magistrate judgeUnited States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
for the Central District of California. On January 26, 1999, Phillips 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...
to be a district judge for the Central District, a seat vacated by William M. Byrne, Jr. She was confirmed 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 November 10, 1999, and received her commission on November 15, 1999.
Notable cases
On September 9, 2010, Phillips ruled that the U.S. Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
's "don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
" policy is unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
in the case Log Cabin Republicans v. United States of America
Log Cabin Republicans v. United States of America
Log Cabin Republicans v. United States is a federal lawsuit challenging the constitutionality of 10 U.S.C. § 654, commonly known as don't ask, don't tell , which excludes homosexuals from openly serving in the United States military...
. On October 12, Phillips issued a permanent worldwide injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
ordering the military to immediately "suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under "don't ask, don't tell". The Ninth Circuit stayed the injunction pending appeal but on July 6, 2011, lifted the stay. On September 29, 2011, the Ninth Circuit vacated the district court's decision, ruling that the legislative repeal of "don't ask, don't tell" had rendered the case moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
.