Diarmuid Fionntain O'Scannlain
Encyclopedia
Diarmuid Fionntain O'Scannlain (born March 28, 1937) is a judge on the United States Court of Appeals for the Ninth Circuit
. His chambers are located in Portland, Oregon
.
from St. John's University in 1957, a J.D.
from Harvard University
in 1963, and an LL.M. from the University of Virginia School of Law
in 1992. He was in the United States Army
Reserve, JAG Corps from 1955-78.
In September 1960, O'Scannlain attended the founding conference of Young Americans for Freedom
, held at William F. Buckley, Jr.
's estate in Sharon, Connecticut. At that conference O'Scannlain was elected to serve on YAF's original Board of Directors.
He was a tax attorney for the Standard Oil Company of New Jersey and New York City from 1963-65, and in private practice in Portland, Oregon
from 1965 to 1969. He was a Deputy state attorney general of Oregon State Department of Justice from 1969-71, then an Oregon public utility commissioner from 1971-73, and finally Director of the Oregon Department of Environmental Quality from 1973-74.
representing Oregon's 1st congressional district
, but lost to Democrat Les AuCoin
, the first time the district had ever elected a Democrat.
He returned to private practice in Portland from 1975-86, also working as a consultant to the Office of the President-Elect of the United States from 1980-81, and as a team leader for the President's Private Sector Survey on Cost Control/Grace Commission from 1982-83. He chaired an advisory panel for the U.S. Secretary of Energy from 1983-85.
nominated O'Scannlain to a seat on the United States Court of Appeals for the Ninth Circuit
vacated by Judge Robert Boochever
. O'Scannlain was confirmed by the Senate
on September 25, 1986, and received his commission on September 26, 1986.
O'Scannlain is a strong supporter of splitting the Ninth Circuit.
In 2006, he was one of the judges in the panel that upheld the imprisonment of journalist Josh Wolf
.
ed a pregnant woman. He was joined by Judge Cynthia Holcomb Hall
in a contested 2–1 decision (judge Marsha Berzon dissented).
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. His chambers are located in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
.
Early life
Born in New York, New York, O'Scannlain 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 St. John's University in 1957, 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 Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
in 1963, and an LL.M. from the University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
in 1992. He was in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Reserve, JAG Corps from 1955-78.
In September 1960, O'Scannlain attended the founding conference of Young Americans for Freedom
Young Americans for Freedom
Young Americans for Freedom is a 501 non-profit organization and is now a project of Young America's Foundation. YAF is an ideologically conservative youth activism organization that was founded in 1960, as a coalition between traditional conservatives and libertarians...
, held at William F. Buckley, Jr.
William F. Buckley, Jr.
William Frank Buckley, Jr. was an American conservative author and commentator. He founded the political magazine National Review in 1955, hosted 1,429 episodes of the television show Firing Line from 1966 until 1999, and was a nationally syndicated newspaper columnist. His writing was noted for...
's estate in Sharon, Connecticut. At that conference O'Scannlain was elected to serve on YAF's original Board of Directors.
He was a tax attorney for the Standard Oil Company of New Jersey and New York City from 1963-65, and in private practice in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
from 1965 to 1969. He was a Deputy state attorney general of Oregon State Department of Justice from 1969-71, then an Oregon public utility commissioner from 1971-73, and finally Director of the Oregon Department of Environmental Quality from 1973-74.
Run for Congress
In 1974, O'Scannlain was the Republican candidate for the United States House of RepresentativesUnited 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...
representing Oregon's 1st congressional district
Oregon's 1st congressional district
Oregon's 1st congressional district consists of the northwest corner of Oregon. It includes Clatsop, Columbia, Washington, and Yamhill counties, and southwest Portland, part of Multnomah County, which belonged to the 3rd district before the 2002 redistricting....
, but lost to Democrat Les AuCoin
Les AuCoin
Walter Leslie "Les" AuCoin , is an American politician and the first Democrat elected to the U.S. House of Representatives from since it was formed in 1882. The seat has been held by a Democrat ever since....
, the first time the district had ever elected a Democrat.
He returned to private practice in Portland from 1975-86, also working as a consultant to the Office of the President-Elect of the United States from 1980-81, and as a team leader for the President's Private Sector Survey on Cost Control/Grace Commission from 1982-83. He chaired an advisory panel for the U.S. Secretary of Energy from 1983-85.
Federal judicial service
On August 11, 1986, President Ronald ReaganRonald 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....
nominated O'Scannlain to a seat on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
vacated by Judge Robert Boochever
Robert Boochever
Robert Boochever was a United States federal judge and a Justice of the Alaska Supreme Court.Born in New York City, New York, Boochever received a B.A. from Cornell University in 1939, where he was a member of the Quill and Dagger society, and an LL.D. from Cornell Law School in 1941...
. O'Scannlain was confirmed 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 September 25, 1986, and received his commission on September 26, 1986.
O'Scannlain is a strong supporter of splitting the Ninth Circuit.
In 2006, he was one of the judges in the panel that upheld the imprisonment of journalist Josh Wolf
Josh Wolf
Josh Wolf is a journalist and video blogger.Josh Wolf is also the name of:* Josh Wolf , comic appearing on season 4 of Last Comic Standing...
.
Rulings
In a controversial March 2010 case, O'Scannlain joined the majority opinion that Seattle police officers did not employ excessive force when they taserTaser
A Taser is an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Its manufacturer, Taser International, calls the effects "neuromuscular incapacitation" and the devices' mechanism "Electro-Muscular Disruption technology"...
ed a pregnant woman. He was joined by Judge Cynthia Holcomb Hall
Cynthia Holcomb Hall
Cynthia Holcomb Hall was a United States federal judge.-Early life and career:Born in Los Angeles, California, Hall received an A.B. from Stanford University in 1951, an LL.B. from Stanford Law School in 1954, and an LL.M. from New York University School of Law in 1960...
in a contested 2–1 decision (judge Marsha Berzon dissented).