Milan Smith

Milan Smith
Name	Milan Smith
Office	Senior Judge of the United States Court of Appeals for the Ninth Circuit
Term start	September 30, 2022
Office1	Judge of the United States Court of Appeals for the Ninth Circuit
Term start1	December 27, 2006
Term end1	September 30, 2022
Appointed	George W. Bush
Predecessor	Procter Ralph Hug Jr.
Successor	Tasha Chutkan
Birth name	Milan Dale Smith Jr.
Birth date	July 20, 1942
Birth place	Pendleton, Oregon
Party	Republican
Alma mater	Brigham Young University (BA), University of California, Los Angeles (JD)

Milan Smith is a Senior Judge of the United States Court of Appeals for the Ninth Circuit. Appointed to the Ninth Circuit by George W. Bush in 2006, he assumed senior status in 2022. Smith is noted for opinions addressing federal statutory interpretation, administrative law, and constitutional questions arising within the Ninth Circuit's jurisdiction, which includes states such as California, Arizona, and Nevada.

Early life and education

Born in Pendleton, Oregon, Smith was raised in a family with roots in the Pacific Northwest and later relocated within the region for secondary education. He earned a Bachelor of Arts from Brigham Young University and served in professional capacities before attending law school. Smith received his Juris Doctor from the University of California, Los Angeles School of Law, where he participated in activities that connected him to regional legal institutions and bar associations in California and neighboring states.

Legal career

After graduating from UCLA School of Law, Smith entered private practice and litigated in state and federal courts across the Ninth Circuit region, representing clients in matters involving corporations, regulatory agencies, and commercial disputes. He served as counsel in cases before trial courts in Los Angeles County and federal districts such as the United States District Court for the Central District of California. Smith litigated matters touching on statutory claims under federal statutes administered by agencies like the Securities and Exchange Commission and the Environmental Protection Agency, and he appeared before appellate tribunals including the California Supreme Court and federal circuit panels prior to his judicial appointment. He also engaged with bar organizations such as the American Bar Association and state bar associations in California and Oregon.

Federal judicial service

Nominated by President George W. Bush to the Ninth Circuit in 2006 to fill a seat vacated by Judge Procter Ralph Hug Jr., Smith was confirmed by the United States Senate and received his commission on December 27, 2006. On the Ninth Circuit, he served on panels addressing appeals from federal districts in jurisdictions including California, Arizona, Alaska, Hawaii, Nevada, Idaho, Montana, Oregon, and Washington. Smith assumed senior status on September 30, 2022, continuing to hear appeals while reducing his caseload. During his tenure, he participated in en banc considerations and administrative governance within the Ninth Circuit, interacting with circuit colleagues such as Judges Alex Kozinski, Stephen Reinhardt, and M. Margaret McKeown on multimember panels and internal committee work.

Notable opinions and jurisprudence

Smith authored and joined numerous published opinions that shaped Ninth Circuit precedent on topics including administrative law under the Administrative Procedure Act, immigration law arising under statutes like the Immigration and Nationality Act, and constitutional questions implicating the First Amendment and Fourth Amendment. He wrote opinions clarifying standards for judicial review of agency action, engaging with Supreme Court precedents such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and Skidmore v. Swift & Co. in his statutory interpretations. In immigration appeals, his decisions examined discretionary relief under provisions of the Immigration and Nationality Act and stayed consistent with circuit precedent shaped by decisions from the Supreme Court of the United States and other circuits. Smith also addressed patent disputes and intellectual property claims, referencing Federal Circuit and Supreme Court guidance in areas influenced by cases like eBay Inc. v. MercExchange, L.L.C. and Alice Corp. v. CLS Bank International.

Several of Smith's opinions have been notable for their stylistic clarity and for occasionally drawing responses in high-profile en banc or certiorari-stage litigation involving parties such as state governments, federal agencies, and private corporations. His writings often engage with precedents from courts including the United States Court of Appeals for the Federal Circuit and the Supreme Court of the United States, and they are cited in subsequent district court and appellate decisions within the Ninth Circuit and beyond.

Scholarly contributions and public engagement

Beyond his judicial opinions, Smith has contributed to legal discourse through lectures and panel appearances at institutions such as law schools in the Ninth Circuit region, and he has participated in conferences sponsored by organizations including the Federal Judicial Center and the American Bar Association. He has engaged with scholarly debates on appellate procedure, separation of powers issues, and administrative law doctrine, interacting with academics from institutions like Stanford University, University of California, Berkeley, and Harvard Law School at seminars and continuing legal education programs. His public engagement has included discussions with state judiciaries and bar sections concerning appellate practice and judicial administration.

Personal life and recognitions

Smith is married and has family ties in the Southwest and Pacific Northwest. During his career he has received recognition from legal organizations and bar associations for his service on the federal bench, including acknowledgments from circuit bar groups and judicial conferences. He is listed in legal directories and has been the subject of profiles in regional legal publications covering judicial appointments under President George W. Bush and Ninth Circuit developments. Smith continues to contribute to the judiciary in senior status and remains a participant in appellate panels and judicial education efforts.

Category:Judges of the United States Court of Appeals for the Ninth Circuit Category:Brigham Young University alumni Category:University of California, Los Angeles School of Law alumni Category:1942 births Category:Living people