Judge Betty Fletcher – Turtle Talk

Judge Nelson’s Comments on Judge Betty Fletcher

November 13, 2012Matthew L.M. Fletcher

An excerpt:

Betty and I were on calendar together the week before she died. I could tell that she was not feeling well, but nonetheless, as we discussed the cases at our post-hearing conference, she was her usual brilliant self. She had what she termed a distinguished record of reversals by the U.S. Supreme Court, often joined by me. One such case was National Resources Defense Council v. Winter that we heard in 2008 together with Judge Stephen Reinhardt. This was an environmental case and if you knew Betty, you knew that she was a passionate environmentalist. She and her sisters were the first women to hike the Wonderland Trail, a rugged 93-mile trail that includes a complete loop around Mount Rainier, the highest mountain in Washington state. I understand that one of her eight grandchildren later followed in her footsteps.

The Natural Resources case was about mammals, especially whales. Environmental organizations were concerned about the Navy’s use of high-intensity, mid-frequency sonar exercises that would cause serious harm to various mammals in Southern California waters. Similar exercises around the world had caused the beaching and deaths of many whales. The environmentalists brought a motion for a preliminary injunction in the district court seeking to prevent this activity. The district court judge, while allowing the training activities to continue, imposed restrictive conditions on them. Betty, in a bold, thoughtful, level-headed, fearless and eloquent 45-page opinion, affirmed the district court. Judge Reinhardt and I concurred. I should mention that at oral argument, Betty was superb. When an attorney challenged the court’s right to tell the Navy what to do, Betty, never confrontational, simply smiled and said something to the effect that it was the court’s duty to protect the planet.

We were reversed, of course, by the U.S. Supreme Court, in a 5-4 opinion. As her son, Willie, now a judge on our court, later commented: “Damn the whales, full speed ahead.”

NYTs Obit: Betty Fletcher

October 25, 2012Matthew L.M. Fletcher

Here.

Judge Canby Tribute to Judge Betty Fletcher: “The Concept of Equality in Indian Law”

March 23, 2010Matthew L.M. Fletcher

Judge William Canby’s Indian law-related tribute to Judge Betty Fletcher appears in the Washington Law Review. Here is the article:

Canby Article

Seattle Weekly Profile of Judge Betty Fletcher

August 22, 2009August 22, 2009Matthew L.M. Fletcher

From the Seattle Weekly:

Judge Betty’s Revenge

Ten years ago, federal judge Betty Fletchersaid she would step aside. It was late in the Clinton administration, and Congressional Republicans, who’d long had it in for the left-leaning 9th Circuit Court of Appeals, where Fletcher presides, were refusing to confirm the President’s nomination of Fletcher’s son William to the same Circuit as his mother. They called it “nepotism.”

As a concession, Fletcher, then 76, agreed to take a form of quasi-retirement known as “senior status.” There are loose rules governing “senior” judges, who only have to work one-quarter time to receive full pay. Accordingly, most cut back dramatically and spend the extra time at country clubs or with their grandchildren.

“Let’s just say Betty Fletcher is having the last laugh,” says Nan Aron, president of the Alliance for Justice, a liberal Washington, D.C.–based group that monitors judicial nominations. Fletcher’s son was confirmed, but she never did reduce her caseload. Today, the white-haired, Seattle-based jurist—who over the course of her career was the first woman in the city to hold virtually every title she assumed—still hears some 620 cases a year, even as she uses a walker to get around her chambers. And she continues to be a thorn in the side of conservative interests. Last year, for example, she bucked President George W. Bush and the U.S. Navy by authoring the opinion of a three-judge panel upholding restrictions on sonar exercises said to harm marine life. The year before that, she tossed out the Bush administration’s proposed fuel-efficiency standards for SUVs and “light trucks” as too weak, writing that environmental laws required the administration to take into account greenhouse-gas emissions.

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Honoring Senior Ninth Circuit Judge Betty Fletcher

February 13, 2009Matthew L.M. Fletcher

From How Appealing:

“Washington Legal Community to Honor Senior Circuit Judge Betty Binns Fletcher”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued a news release that begins, “The Washington state legal community and invited guests from across the country will gather next month in Seattle to honor Senior Circuit Judge Betty Binns Fletcher of the United States Court of Appeals for the Ninth Circuit.” It appears that Senior Judge Fletcher’s son, Ninth Circuit Judge William A. Fletcher, won’t be recused from participating in the event, as he’s slated to deliver the keynote address.

A sampling of cases in which Judge B. Fletcher wrote an opinion:

Cholla Ready Mix, Inc. v. Chivish, 382 F.3d 969 (9th Cir. 2004)

Boozer v. Wilder, 381 F.3d 931 (9th Cir. 2004)

AT&T Corp. v. Coeur d’Alene Tribe, 283 F.3d 1156 (9th Cir. 2002), 295 F.3d 899 (9th Cir. 2002)

State v. Hicks, 196 F.3d 1020 (9th Cir. 1999)