Michael Mosman
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2021 - Present
3
Michael W. Mosman is a federal judge on senior status with the United States District Court for the District of Oregon. He joined the court in 2003 after being nominated by President George W. Bush (R). He served as chief judge of the court from 2016 to 2019.
Mosman assumed senior status on December 27, 2021.[1]
Early life and education
A native of Eugene, Oregon, Mosman earned undergraduate degrees from Ricks College in 1979 and from Utah State University in 1981. He earned his J.D. from the J. Reuben Clark Law School at Brigham Young University in 1984.[2]
Professional career
- 2003-present: Judge, United States District Court for the District of Oregon
- 2021-present: Senior judge
- 2003-2021: Judge
- 2016-2019: Chief judge
- 2001-2003: U.S. Attorney, District of Oregon
- 1988-2001: Assistant U.S. attorney, District of Oregon
- 1986-1988: Private practice, Portland, Ore.
- 1985-1986: Law clerk, Hon. Lewis Powell, Supreme Court of the United States
- 1985: Private practice
- 1984-1985: Law clerk, Hon. Malcolm Wilkey, United States Court of Appeals for the District of Columbia Circuit[2]
Judicial career
District of Oregon
 |
| Nominee Information |
| Name: Michael W. Mosman |
| Court: United States District Court for the District of Oregon |
| Progress |
| Confirmed 140 days after nomination. |
| Questionnaire: |
| Hearing Transcript: Hearing Transcript |
| QFRs: (Hover over QFRs to read more) |
Mosman was nominated by President George W. Bush (R) on May 8, 2003, to a seat on the United States District Court for the District of Oregon vacated by Judge Robert E. Jones. The American Bar Association rated Mosman Unanimously Well Qualified for the nomination. Hearings on Mosman's nomination were held before the Senate Judiciary Committee on July 30, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on September 4, 2003. Mosman was confirmed on a recorded 93-0 vote of the U.S. Senate on September 25, 2003, and he received his commission on September 26, 2003. Mosman served as the chief judge of the district court from 2016 to 2019.[2][3][4]
Foreign Intelligence Surveillance Court
Mosman was appointed to the United States Foreign Intelligence Surveillance Court on May 4, 2013, to a term that expired on May 3, 2020.[5]
Noteworthy cases
Denial of state of Oregon's request to limit federal agents' actions against protesters (2020)
On July 24, 2020, Judge Mosman denied a request from Attorney General of Oregon Ellen Rosenblum for a temporary restraining order against federal law enforcement officers dispatched in response to protests in Portland, Oregon. Rosenblum requested the order to prevent federal officers from engaging in "unconstitutional police state-type tactics" and to "immediately stop federal authorities from unlawfully detaining Oregonians."[6][7] Mosman wrote in his ruling that the case brought by Rosenblum was "a very different case" than those typically filed by protesters "contending the police violated their First and Fourth Amendment rights and seeking redress by money damages and injunctive relief," and that the case was "a highly unusual one with a particular set of rules." He continued on to say that the state of Oregon was "not seeking redress for any harm that has been done to protesters. Instead, it seeks an injunction against future conduct, which is also an extraordinary form of relief." He concluded that the State of Oregon "has not shown it is vindicating an interest that is specific to the state itself" and therefore lacked standing for a temporary restraining order.[8]
FISA court approves surveillance of Trump campaign aide (2016)
On July 21, 2018, the United States Department of Justice released a redacted version of the application it submitted to the United States Foreign Intelligence Surveillance Court (FISA court) requesting permission to surveil Carter Page, a foreign policy advisor for Donald Trump's 2016 presidential campaign, as part of its investigation into Russian interference in the 2016 presidential election. The order authorizing the surveillance was approved in October 2016. The judges that approved the application were Rosemary Collyer, Michael Mosman, Anne Conway, and Raymond J. Dearie, all of whom were appointed to serve on the FISA court by Chief Justice John Roberts, a George W. Bush (R) appointee.[9][10]
Vatican employer case (2012)
- See also: United States District Court for the District of Oregon (John V. Doe v. The Holy See, et al., Case No. CV 02-430-MO)
- See also: United States District Court for the District of Oregon (John V. Doe v. The Holy See, et al., Case No. CV 02-430-MO)
Judge Mosman ruled that the Vatican is not the employer of Catholic priests, rendering alleged sexual abuse victims unable to pursue claims against the Vatican for financial damages due to actions of Catholic priests.[11] Judge
Mosman handed down the ruling on August 20, 2012, in the last remaining major U.S. sex abuse case against the Vatican. Cases filed against the Vatican in Kentucky and Wisconsin were dropped in previous years.[12]
The case, Doe v. See, centered primarily on whether or not an employee-employer relationship existed between the Vatican and Fr. Andrew Ronan. The plaintiff, identified only as John V. Doe in court documents, alleged that Fr. Ronan sexually assaulted him in the 1960s in Portland, Oregon.[11] Ronan died in 1992, leaving Doe able only to pursue claims against The Vatican, the diocese of Portland, and the Archdiocese of Chicago; the latter two cases were previously dismissed.[13]
In 2006, Judge Mosman ruled that Doe’s case against the Vatican could proceed, but his attorneys would be required to prove that the Vatican was indeed Ronan’s employer.[11] Mosman’s 2012 ruling, however, ended Doe’s case. Instead of an employer-employee relationship, Mosman found that the relationship was more akin to that of the Oregon State Bar, which has control over attorneys only through sanctions and disbarment. Neither the Oregon Bar or the Vatican actually has the ability to fire a member of their organizations.[13]
See also
- United States District Court for the District of Oregon
- United States Court of Appeals for the 9th Circuit
External links
Footnotes
- ↑ USCourts.gov,"Future Judicial Vacancies," accessed February 1, 2021
- ↑ 2.0 2.1 2.2 Federal Judicial Center, "Biography of Judge Michael W. Mosman," accessed May 24, 2017
- ↑ United States Congress, "PN 601 — Michael W. Mosman — The Judiciary," accessed May 24, 2017
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed May 24, 2017
- ↑ Security News, "Judge Mosman Named to Foreign Intelligence Surveillance Court," May 9, 2013
- ↑ NBC News, "Judge denies Oregon push to limit federal agents during arrests," July 25, 2020
- ↑ The Oregonian, "Judge denies Oregon attorney general’s motion to restrict federal police actions," July 24, 2020
- ↑ Case No. 3:20-cv-01161-MO, "Opinion and Order," July 24, 2020
- ↑ NPR, "What You Need To Know About The Much-Discussed Carter Page FISA Document," July 23, 2018
- ↑ Law and Crime, "Judges Who Approved Carter Page FISA Warrants Were All Nominated by GOP Presidents," July 22, 2018
- ↑ 11.0 11.1 11.2 National Public Radio "Judge: Vatican Did Not 'Employ' Abusive Priest," August 20, 2012
- ↑ Associated Press, "In Vatican victory, judge rules priests are not employees in Oregon sex abuse case," August 20, 2012
- ↑ 13.0 13.1 DFW Catholic.org, "Federal judge demises abuse lawsuit against Vatican," August 21, 2012
| Political offices | ||
|---|---|---|
| Preceded by - |
United States District Court for the District of Oregon 2003-2021 |
Succeeded by - |
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Oregon • U.S. Bankruptcy Court: District of Oregon
State courts:
Oregon Supreme Court • Oregon Court of Appeals • Oregon Circuit Courts • Oregon Tax Court • Oregon County Courts • Oregon Justice Courts • Oregon Municipal Courts
State resources:
Courts in Oregon • Oregon judicial elections • Judicial selection in Oregon