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Office of Legal Counsel

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Mar 5 1988
Saturday 9:00 a.m. EDT    

Panel II: The Ninth Amendment and Its Relation to Natural Rights

1988 National Student Symposium

Charlottesville, VA
Speakers:
Randy E. Barnett • Charles J. Cooper
Topics:
Constitution • Federalism • Philosophy • Separation of Powers
Sponsors:
Virginia Student Chapter
  • In-Person Event
Nov 7 1987
Saturday 5:30 p.m. EDT    

Closing Address by Hon. Edwin Meese III

Foreign Affairs and the Constitution

Washington, DC
Speakers:
Michael A. Carvin • Edwin Meese
Topics:
Constitution • Federalist Society • Foreign Policy • Founding Era & History • International Law & Trade • Separation of Powers • Federalism & Separation of Powers • International & National Security Law
  • In-Person Event
Apr 4 1987
Saturday 4:00 p.m. CDT    

Panel V: The Conflict Between Text and Precedent in Constitutional Adjudication [Archive Collection]

1987 National Student Symposium

Chicago, IL
Speakers:
Lea Brilmayer • Charles J. Cooper • Frank H. Easterbrook • Patrick E. Higginbotham • Michael Kinsley • Stephen Reinhardt
Topics:
Constitution • Jurisprudence • Philosophy • Supreme Court
Sponsors:
Chicago Student Chapter
  • In-Person Event
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James Madison Portrait
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Speaker Information
Randy E. Barnett

Randy E. Barnett

Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution

Biography

Randy E. Barnett is the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center and is the Faculty Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.


Professor Barnett’s publications includes thirteen books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is Felony Review: Tales of True Crime and Corruption in Chicago (2026). His other books on the Constitution include: A Life for Liberty: The Making of an American Originalist (2024); The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021) (with Evan Bernick); An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (2019) (with Josh Blackman); Restoring the Lost Constitution: The Presumption of Liberty (2nd ed. 2013); Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016); and Constitutional Law: Cases in Context (5th ed. forthcoming 2027) (with Josh Blackman). His books on contracts are The Oxford Introductions to U.S. Law: Contracts (2010) and Contracts: Cases and Doctrine (7th ed. 2021) (with Nate Oman). And he is the author of The Structure of Liberty: Justice and the Rule of Law (2nd ed. 2014).

In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act in NFIB v. Sebelius. He’s appeared in numerous documentaries and portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable: The Movie. On X he is @RandyEBarnett

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Speaker Information
Charles J. Cooper

Charles J. Cooper

Founding Partner, Cooper & Kirk PLLC

Biography

Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).

After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.

In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.

Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.

Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.

In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.

Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.

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Speaker Information
Michael A. Carvin

Michael A. Carvin

Biography

In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California. 

Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.

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Speaker Information
Edwin Meese

Edwin Meese

Ronald Reagan Distinguished Fellow Emeritus, The Heritage Foundation

Biography

Edwin Meese III, the prominent conservative leader, thinker and elder statesman, continues a quarter-century formal association with The Heritage Foundation as the leading think tank’s Ronald Reagan Distinguished Fellow Emeritus.

In that capacity, Meese oversees special projects and acts as an ambassador for Heritage within the conservative movement.

Meese was chairman of Heritage’s Center for Legal and Judicial Studies from its founding in 2001 until what he calls his “semi-retirement” on Feb. 1, 2013.

He joined Heritage in 1988 as the think tank's first Ronald Reagan Distinguished Fellow -- the only policy chair in the country to be officially named for the 40th president. His work focused on keeping President Reagan’s legacy of conservative principles alive in public debate and discourse.

The legal center now bears his name, in recognition of Meese’s contributions to the rule of law and the nation’s understanding of constitutional law. Its mission is to educate government officials, the media and the public about the Constitution and legal principles -- and how they affect public policy.

Perhaps best known as U.S. attorney general during Reagan’s second term, Meese’s service to the conservative icon stretched from the California governor’s mansion in 1966 to the White House in 1981 before he went to the Department of Justice four years later.

His Heritage “hats” kept Meese among the major conservative voices in national policy debates at an age when most men and women enjoyed quiet retirements.

In 2006, for example, Meese was named to the Iraq Study Group, a special presidential commission dedicated to examining the best resolutions for America's involvement in Iraq. In the past few years he wrote and spoke about constitutional topics ranging from religious liberty to the responsibility of Supreme Court justices.

Immediately after Reagan's death in 2004, and in the years since, Meese often agreed to major media appearances to discuss the lasting impact of his old friend, mentor and boss. He has summarized the Reagan legacy in three accomplishments: Reagan cut taxes and kept them low. He worked to defeat and end the Soviet Union and its worldwide push for communism. And he restored America's faith in itself after years of failure and "malaise."

"I admired him as a leader and cherish his friendship," Meese wrote in a 2004 essay for Heritage members and supporters. "Ronald Reagan had strong convictions. He was committed to the principles that had led to the founding of our nation. And he had the courage to follow his convictions against all odds." <[>Edwin Meese III was born Dec. 2, 1931, to Edwin Jr. and Leone Meese in Oakland, Calif. He graduated from Yale University in 1953 and holds a law degree from the University of California-Berkeley.

Meese spent much of his adult life working for Reagan, first after the former actor, sports announcer and athlete was elected as California’s governor in 1966 and then when he sought and won the presidency in 1980.

Reagan never forgot Meese's loyalty and hard work. During a press conference at which reporters questioned Meese's actions at the Justice Department, Reagan replied: "If Ed Meese is not a good man, there are no good men."

During the Reagan governorship, Meese served as executive assistant and chief of staff from 1969 through 1974 and as legal affairs secretary from 1967 through 1968. He previously was deputy district attorney in Alameda County, Calif.

From January 1981 to February 1985, Meese held the position of counsellor to the president -- the senior job on the White House staff -- and functioned as Reagan's chief policy adviser. In 1985, he received Government Executive magazine's annual award for excellence in management.

Meese served as the 75th attorney general of the United States from February 1985 to August 1988. As the nation's chief law enforcement officer, he directed the Justice Department and led international efforts to combat terrorism, drug trafficking and organized crime.

Meese’s relationship with Heritage began when he met with senior management to discuss the think tank's landmark policy guide, Mandate for Leadership, prepared for the incoming administration. Meese later recalled that Reagan personally handed out copies of the 1,093-page book to members of his Cabinet and asked them to read it. Nearly two-thirds of Mandate's 2,000 recommendations would be adopted or attempted by the Reagan administration.

More than a decade after joining Heritage, Meese assumed the chairmanship of its Center for Legal and Judicial Studies. Under his guidance, the center counseled White House staffers, Justice Department officials and Senate Judiciary Committee members on the importance of filling judicial vacancies with qualified men and women who are committed to interpreting the Constitution according to the founding document's original meaning.

The center became known for hosting "moot court" practice sessions to sharpen the arguments of attorneys slated to bring important cases before the Supreme Court. Those cases addressed constitutional issues ranging from property rights to racial preferences in primary and secondary schools to restrictions on free speech in campaign finance law.

Meese headed the legal center's Advisory Board for the writing and editing of the best-selling book, The Heritage Guide to the Constitution (Regnery, 2005). In it, 109 experts walked readers through a clause-by-clause analysis of the Constitution. Sen. Tom Coburn (R-Okla.) was among those keeping the reference work handy during Judiciary Committee hearings on Supreme Court nominees.

Meese's other books include “Leadership, Ethics and Policing” (Prentice Hall, 2004); “Making America Safer” (Heritage, 1997); and “With Reagan: The Inside Story” (Regnery Gateway, 1992).He wrote the Introduction to a well-received 2010 book on the “overcriminalization” trend, “One Nation Under Arrest,” by Heritage veterans Paul Rosenzweig and Brian W. Walsh.

He also is a distinguished visiting fellow at the Hoover Institution at Stanford University in California and lectures, writes and consults throughout the United States on a variety of subjects.

As both attorney general and counsellor to Reagan, Meese was a member of the Cabinet and the National Security Council. He served as chairman of the Domestic Policy Council and the National Drug Policy Board. After Reagan won the White House in the 1980 election, Meese headed the transition team. During the campaign, he was the Reagan-Bush Committee's senior official.

Meese had a career outside government and politics. From 1977 to 1981, he was a law professor at the University of San Diego, where he also directed the Center for Criminal Justice Policy and Management.

He was an executive in the aerospace and transportation industry as vice president for administration of Rohr Industries Inc. in Chula Vista, Calif. He left Rohr to return to the practice of law, doing corporate and general work in San Diego County.

A retired colonel in the Army Reserve, Meese remains active in numerous civic and educational organizations.

He and his wife, Ursula, have two grown children and reside in McLean, Va.



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Lea Brilmayer

Lea Brilmayer

Howard M. Holtzmann Professor of International Law, Yale Law School

Biography

Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. In addition to teaching Contracts to first-year students, she also teaches Conflict of Laws and International Courts and Tribunals, as well as seminars on the laws of war and on African current affairs. Her degrees include a B.A. in mathematics and a J.D. from the University of California at Berkeley, as well as an LL.M. from Columbia Law School. Brilmayer has taught at a number of different law schools as either a professor or visiting professor, including the University of Texas, the University of Chicago, the University of Michigan, Columbia Law School, Harvard Law School, and the New York University School of Law (where she led a weekly seminar on International Jurisprudence.) She is a member of the Texas and Supreme Court bars. She has given numerous endowed lectures at other American law schools and has also taught twice at the summer session of the Hague Academy of International Law.

During her first decade of teaching, her writing interests mainly concerned conflict of laws (in particular, personal jurisdiction and choice of law); federal jurisdiction; and jurisprudence. Her conflict of laws writings have included one theoretical book on the subject and a leading casebook (in the more recent editions, co-authored with Jack Goldsmith). Together with a group of Yale student contributors, she published An Introduction to Jurisdiction in the American Federal System. Her writings on the conflict of laws have resulted in her being asked on a number of occasions to testify before Congressional committees, most recently on the Full Faith and Credit implications of same sex marriage. More recently, her interests have gradually turned to international law and international relations, and she is frequently cited for her academic writings about nationalism and the international legal status of secessionist movements. Her research in international jurisprudence has also led to two books, Justifying International Acts and American Hegemony: Political Morality in a One-Superpower World.

In addition to her academic interests, Brilmayer carries on an active life in interstate and international adjudication.  In addition to contributing to amicus briefs, she has served as counsel of record before the United States Supreme Court and has been an expert consultant on many lower and intermediate appellate court cases. For the last decade she has served as lead counsel in several international public (state-to-state) arbitrations dealing with island sovereignty, maritime delimitation, land boundaries, and mass claims for violations of the laws of war.

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Charles J. Cooper

Charles J. Cooper

Founding Partner, Cooper & Kirk PLLC

Biography

Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).

After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.

In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.

Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.

Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.

In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.

Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.

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Frank H. Easterbrook

Frank H. Easterbrook

U.S. Court of Appeals, Seventh Circuit

Biography

Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.



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Patrick E. Higginbotham

Patrick E. Higginbotham

Senior Judge, United States Court of Appeals, Fifth Circuit

Biography

Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.

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Michael Kinsley

Michael Kinsley

Contributing Writer, Vanity Fair

Biography

Michael Kinsley is a Contributing Writer for Vanity Fair, where his column appears monthly. Over a long career in the media, he has been Managing Editor of the Washington Monthly, Editor of the New Republic, and Editorial and Opinion Editor of the Los Angeles Times. He was the Founding Editor of Slate, one of the first on-line magazines. For over six years Kinsley was the liberal host of Crossfire, a CNN show where he sparred with Pat Buchanan five days a week. He played a similar role for many years with William F. Buckley on PBS’s Firing Line. He has written for The New Yorker, Conde Nast Traveler, and other publications.

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Stephen Reinhardt

Stephen Reinhardt

U.S. Court of Appeals, Ninth Circuit

Biography

Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.

Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.



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