D. Brooks Smith

D. Brooks Smith
D. Brooks Smith
Chief Judge of the United States Court of Appeals for the Third Circuit
	Incumbent
	Assumed office ; October 1, 2016
Preceded by	Theodore McKee
Judge of the United States Court of Appeals for the Third Circuit
	Incumbent
	Assumed office ; August 2, 2002
Appointed by	George W. Bush
Preceded by	Timothy K. Lewis
Chief Judge of the United States District Court for the Western District of Pennsylvania
	In office; October 1, 2001 – September 23, 2002
Preceded by	Donald Emil Ziegler
Succeeded by	Donetta W. Ambrose
Judge of the United States District Court for the Western District of Pennsylvania
	In office; October 17, 1988 – September 23, 2002
Appointed by	Ronald Reagan
Preceded by	Carol Los Mansmann
Succeeded by	Kim R. Gibson
Personal details
Born	David Brookman Smith; December 4, 1951; Altoona, Pennsylvania
Education	Franklin & Marshall College (BA); Dickinson School of Law (JD)

David Brookman Smith (born December 4, 1951), known professionally as D. Brooks Smith, is the Chief United States Circuit Judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of the United States District Court for the Western District of Pennsylvania.

Legal career

Smith was born in Altoona, Pennsylvania. After graduating from Dickinson School of Law, Smith began his legal career in Altoona, eventually becoming managing partner of Jubelirer, Carothers, Krier, Halpern and Smith. From 1977 to 1979, Smith served as an Assistant District Attorney for Blair County, Pennsylvania. Smith then served as a special prosecutor, conducting a grand jury investigation from 1981 to 1983 into organized criminal activity in central Pennsylvania. Smith became Blair County's District Attorney in 1983, and in December 1984, Pennsylvania Governor Dick Thornburgh appointed Smith to a judgeship on the Court of Common Pleas of Blair County. The next year, Smith received the nominations of both the Republican and Democratic Parties for a ten-year term as judge on the same court. In 1987, Chief Justice of the Pennsylvania Supreme Court Robert N. C. Nix Jr. appointed Smith Administrative Judge of the Blair County Courts, charging him with responsibility to address that court's chronic backlog.

Federal court service

In 1988, President Ronald Reagan, with the advice of Senators Arlen Specter and H. John Heinz III, appointed Smith to the United States District Court for the Western District of Pennsylvania.[1] He served as Chief Judge from 2001 until his elevation to the United States Court of Appeals for the Third Circuit.

Smith was nominated to the United States Court of Appeals for the Third Circuit by President George W. Bush on September 10, 2001.[2] Having been unanimously rated "well qualified" by the Standing Committee of the American Bar Association, his nomination was confirmed by the U.S. Senate on July 31, 2002. He became Chief Judge of the Third Circuit on October 1, 2016, succeeding Theodore McKee.[3]

Smith's confirmation process is detailed in Jeffrey Lord's The Borking Rebellion.

Professional affiliations and activities

Chief Judge Smith currently serves as a member of the United States Judicial Conference, the federal judiciary's policy-making body. In 2013, Chief Justice John Roberts appointed Judge Smith to chair the Committee on Space and Facilities of the Judicial Conference of the United States for a three-year term. In that capacity, he led a national space reduction initiative which was the federal judiciary's major cost containment measure. Smith began serving as a member of the Committee on Space and Facilities in 2006. Smith also served on the Criminal Rules Advisory Committee of the United States Judicial Conference from 1993 to 1999. In addition, Smith is a member of the American Law Institute, the Federal Judges Association, the Allegheny County Bar Association and the Pennsylvania Bar Association. Smith has taught and lectured in rule-of-law programs throughout the world. In early 2020, he was one of four federal judges named to the Federal Judiciary's COVID-19 Task Force.

Noteworthy rulings

Petruska v. Gannon Univ, 462 F.3d 294, 307 (3d Cir. 2006), cited with approval in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 132 S. Ct. 694, 705 n.2, 709 n.4 (2012): Smith adopted the ministerial exception, which "operates to bar any claim, which would have limited the religious institution's right to select who will perform particular spiritual functions."

Washington v. Klem, 497 F.3d 272 (3d Cir. 2007): Smith held that under the Religious Land Use and Institutionalized Persons Act (RLUIPA) a "substantial burden" to a prisoner's religious practice exists when one is forced to choose between following his religious principles or giving up benefits otherwise available to other inmates versus abandoning one of the religious principles in order to receive a benefit.

United States v. Stevens, 533 F.3d 218 (3d Cir. 2008), en banc: affirmed 130 S. Ct. 1577 (2010): Smith held that 18 U.S.C. § 48, which makes it illegal to create or sell pictures of animal cruelty, is unconstitutional because it infringes on the First Amendment right to free speech.

United States v. Green, 617 F.3d 233, 240-48 (3d Cir. 2010). In deciding whether evidence was intrinsic to the charged offense or extrinsic and subject to Federal Rule of Evidence 404(b), Smith reviewed the legal history of intrinsic evidence and rejected the inextricably intertwined test, limiting intrinsic evidence to two narrow categories.

Bruesewitz v. Wyeth, Inc., 561 F.3d 233 (3d Cir. 2009), affirmed 131 S. Ct. 1068 (2011): Smith held that plaintiff's negligent design defect claim was preempted by the National Childhood Vaccine Injury Act.

United States v. Tomko, 562 F.3d 558, 568 (3d Cir. 2009) (en banc): Smith used the abuse of discretion standard and held that "if the district court's sentence is procedurally sound, we will affirm it unless no reasonable sentencing court would have imposed the same sentence on that particular defendant for the reasons the district court provided."

Greene v. Palakovich, 606 F.3d 85 (3d Cir. 2010), aff'd sub nom. Greene v. Fisher, 132 S. Ct. 38 (2011): Smith held that the phrase "clearly established Federal law" in 28 U.S.C. § 2254(d)(1) refers to Supreme Court decisions which existed at the time of the relevant state-court decision.

J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 659 F.3d 915 (3d Cir. 2011) (en banc) (concurring), cert. denied, 132 S. Ct. 1097 (2012): Smith would hold that Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), does not apply to J.S.'s speech, which occurred off of his high school campus.

NLRB v. New Vista Nursing and Rehabilitation, 719 F.3d 203 (3d Cir. 2013), abrogated by Noel Canning v. NLRB, 134 S. Ct. 2550 (2014), rehearing granted (Aug. 11, 2014): Smith held that the phrase “Recess of the Senate” in the Recess Appointments Clause “refers to only intersession breaks” and that one NLRB member was invalidly appointed during an intrasession break.

B.H. ex rel. Hawk v. Easton Area Sch. Dist., 725 F.3d 293 (3d Cir. 2013) (en banc): Smith, writing for the en banc majority, held that school district's ban on wearing a bracelet that could plausibly be commenting upon political or social issues violated the First Amendment rights of the students.

King v. Governor of the State of New Jersey, 767 F.3d 216 (3d Cir. 2014): Smith held that New Jersey's prohibition on counselors engaging in sexual orientation change efforts therapy did not violate the First Amendment or the Free Exercise Clause, and that the statute was not void for vagueness or impermissibly overbroad.

In re Nat'l Football League Players Concussion Injury Litig., 775 F.3d 570 (3d Cir. 2014): Smith held, as a matter of first impression, that only orders granting or denying class-action certification pursuant to Rule 23(c)(1) are subject to appellate jurisdiction under Rule 23(f).

Manning v. Merrill Lynch Pierce Fenner & Smith, Inc., 772 F.3d 158 (3d Cir. 2014), aff'd, 136 S. Ct. 1562 (2016): Smith held that the exclusive jurisdiction provision, §27, of the Exchange Act is coextensive with 28 U.S. C. § 1331, the general federal-question statute, and that there was no federal question jurisdiction under either provision because establishing a violation of the federal securities regulation was not an element of the plaintiffs' state law claims.

Castro v. U.S. Dep’t of Homeland Sec., 835 F.3d 422 (3d Cir. 2016): Smith determined that 8 U.S.C. § 1252(e) foreclosed subject matter jurisdiction over habeas petitioners’ challenge to their expedited removal orders, and that the application of § 1252(e) to these petitioners apprehended near the U.S. border shortly after illegal entry did not violate the Suspension Clause of the United States Constitution. The Supreme Court sided with Castro in resolving a circuit split over whether this application of § 1252(e) violates the Suspension Clause. Dep’t of Homeland Sec. v. Thuraissigiam, 591 U.S. ___ (2020).

In April 2017, Smith found that the parents of a mentally ill prisoner who had committed suicide after being segregated into solitary confinement could sue for unconstitutional cruel and unusual punishment.[4][5]

Knick v. Twp. of Scott, 862 F.3d 310, 327 (3d Cir. 2017), reversed, 139 S. Ct. 2162, 2178 (2019): Smith acknowledged that the Township's ordinance was "constitutionally suspect," but declined to overlook the state litigation requirement of Williamson County's prudential doctrine. The Supreme Court reversed and overruled the state litigation requirement of Williamson County, noting that the continuing evolution of the justification for this prudential doctrine 'is another factor undermining the force of stare decisis."

Agre v. Wolf, 284 F. Supp. 3d 591 (E.D. Pa. 2018) (presiding in a three-judge panel of the District Court under 28 U.S.C. section 2284, Smith held that Plaintiffs' claim that the Pennsylvania redistricting plan violated the Elections Clause of the United States Constitution is non-justiciable.

Ragbir v. United States, 950 F.3d 54 (3d Cir. 2020). Smith examined the historical roots and modern scope of the writ of error coram nobis, concluding that petitioner failed to meet the requirements for issuance of the writ.

Academic

Since 2008, Smith has served as an Adjunct Professor at Penn State Law, where he teaches Class Actions and Complex Litigation. In addition, he has been a speaker or a faculty member in academic programs offered by foreign law schools. He also has served as a trustee in the past for more than a decade at Saint Francis University and then for a five-year period at Mount Aloysius College.

Awards

Smith was awarded an Honorary Doctorate of Humane Letters from Mount Aloysius College in 2012. He has been named an Alumni Fellow by the Penn State Alumni Association, and was given the Distinguished Alumni Award in 2017, the highest honor bestowed by Penn State on an alumnus. He was named the Person of the Year by the Blair and Bedford County Central Labor Council in 1997 and after assisting in an investigation into organized crime in the early 1980s, received a Commendation from the Commissioner of the Pennsylvania State Police.

References

Pres. Nom. 1,260, 100th Cong. (1988).
Pres. Nom. 1,005, 107th Cong. (2002).
"Press Release: "JUDGE SMITH TO SUCCEED CHIEF JUDGE McKEE AS CHIEF JUDGE OF THE THIRD CIRCUIT", United States Court of Appeals for the Third Circuit, September 30, 2016" (PDF).
Note, Recent Case: Third Circuit Holds Parents of Mentally Ill Young Man Held in Solitary Confinement Stated Claims of Cruel and Unusual Punishment, 131 Harv. L. Rev. 1481 (2018).
Palakovic v. Wetzel, 854 F.3d 209 (3d Cir. 2017).

External links

D. Brooks Smith at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

Legal offices
Preceded by Carol Los Mansmann	Judge of the United States District Court for the Western District of Pennsylvania 1988–2002	Succeeded by Kim R. Gibson
Preceded by Donald Emil Ziegler	Chief Judge of the United States District Court for the Western District of Pennsylvania 2001–2002	Succeeded by Donetta W. Ambrose
Preceded by Timothy K. Lewis	Judge of the United States Court of Appeals for the Third Circuit 2002–present	Incumbent
Preceded by Theodore McKee	Chief Judge of the United States Court of Appeals for the Third Circuit 2016–present	Incumbent

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[1] Pres. Nom. 1,260, 100th Cong. (1988).

[2] Pres. Nom. 1,005, 107th Cong. (2002).

[3] "Press Release: "JUDGE SMITH TO SUCCEED CHIEF JUDGE McKEE AS CHIEF JUDGE OF THE THIRD CIRCUIT", United States Court of Appeals for the Third Circuit, September 30, 2016" (PDF).

[4] Note, Recent Case: Third Circuit Holds Parents of Mentally Ill Young Man Held in Solitary Confinement Stated Claims of Cruel and Unusual Punishment, 131 Harv. L. Rev. 1481 (2018).

[5] Palakovic v. Wetzel, 854 F.3d 209 (3d Cir. 2017).