Tales from the 10th

John G. Roberts, Jr., Chief Justice of the United States Supreme Court, reflected on his career and work as a judge at the Tenth Circuit Bench-Bar Conference Fireside Chat on September 2, 2022. This podcast features excerpts from that discussion. Incoming Tenth Circuit Chief Judge Jerome A. Holmes and outgoing Chief Judge Timothy M. Tymkovich interviewed Justice Roberts for this program.  Justice Roberts began by responding to news media comments about the Supreme Court’s legitimacy after decisions during the 2021-22 Term changing established precedents. Those decisions included the Court’s landmark ruling overturning abortion rights established in Roe v. Wade, 410 U.S. 113 (1973), in Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 597 U.S. __ (2022).  This podcast also features Justice Roberts’ comments about: 1)         his role presiding over the Judicial Conference of the United States and serving as Chancellor of the Smithsonian Institution; 2)         his work in the early 1980’s as a law clerk for Justice William Rehnquist, including law clerks’ basketball games in that era with Justice Byron White; 3)         his work in private practice and the U.S. Solicitor General’s office as an appellate specialist before becoming a judge; 4)         why he enjoys the job as Supreme Court Chief Justice, and his explanation of the behind-the-scenes collegiality which exists among the current justices;  5)         how he seeks to write court decisions that are clear for both lawyers and non-lawyers; and6)         how he deals with welcoming new justices to the Court and its decision making process, and with the stress of deciding complex cases.

U.S. District Judge Bruce S. Jenkins shares in this episode recorded in 2023 his recollections at age 95 about the most important case he ever worked on—the hard-fought Utah “Downwinders” lawsuit.   The U.S. Atomic Energy Commission (AEC) conducted above-ground testing of nuclear devices in 1953 in southern Nevada. Ranchers living southern Utah, downwind of the Nevada nuclear testing filed five lawsuits against the United States government in 1955-56, seeking damages for harm to their sheep herds from exposure to radioactive fallout. In the lead case, U.S. District Judge Sherman Christensen rejected the claims, ruling the plaintiffs failed to prove the government was negligent.  Bulloch v. United States, 145 F.Supp. 824 (D. Utah. 1956). Judge Christensen reopened the case more than 20 years later after evidence of AEC deception in 1956 came to light in 1979 congressional hearings, but the Tenth Circuit reversed that decision, and the Supreme Court declined to review the case.. See Bulloch v. United States, 95 F.R.D. 123 (D. Utah 1982), and 763 F.2d 1115 (10th Cir. 1985) (en banc), cert denied, 474 U.S. 1086 (1986). Meanwhile, in 1979 a group of nearly 1,200 plaintiffs filed a new lawsuit called Irene Allen v. United States, challenging their exposure to the downwind radiation from the AEC testing.  After a remarkable 13-week bench trial, Judge Jenkins issued a 225-page decision finding in favor of claims by 24 “bellwether” plaintiffs against the federal government. 588 F.Supp. 247 (D. Utah 1984). The trial transcript spans over 7,000 pages, with more than 54,000 pages of exhibits.  Judge Jenkins spent 17 months preparing his written decision. The government appealed Judge Jenkins’ ruling to the Tenth Circuit, which reversed, holding that the government could not be sued for such claims because of sovereign immunity concepts, and the Supreme Court declined to hear the case.  816 F.2d 1417 (10th Cir. 1987), cert denied, 484 U.S. 1004 (1988). Judge Jenkins’ ruling nevertheless prompted Congress to pass the Radiation Exposure Compensation Act in 1990 to create a trust fund to compensate Downwinders. In this podcast episode Judge Jenkins reflects on the complex trial testimony in Allen, and on scientific uncertainty and the evolution of scientific knowledge. He also discusses how he approached learning about the scientific concepts the Allen case required him to consider. Judge Jenkins also comments on the Tenth Circuit’s reversal of his decision, which paradoxically prompted Congress to act to provide reimbursement to the injured downwinders.  

This episode is part two of the Excerpts from the Oral History of Hal Haddon. This covers Hal Haddon's description of his work on seven nominating commissions to identify candidates for federal judicial appointments in Colorado under Presidents Carter, Clinton, and Obama, and on the founding of the Colorado Criminal Defense Bar in 1978.  In Hal Haddon's Oral History he was interviewed by Stephanie Howard. The full Oral History can be found here at 10thCircuitHistory.org

This episode is part one of two of the Excerpts from the Oral History of Hall Haddon. This episode covers two important cases in Hal Haddon's  oral history that he handled as a public defender: 1) People v. Sneed (in the early 1970s, which altered the law of first-degree murder in Colorado), and 2) U.S. v. Cameron Bishop (a capital crime charged for “sabotage of a war utility” during a time of a war emergency in 1975, which arose from a nonviolent Vietnam war protest; Haddon assisted Michael Tigar with the trial). In Hal Haddon's Oral History he was interviewed by Stephanie Howard. The full Oral History can be found here at 10thCircuitHistory.org

Judge David M. Ebel shares his stories as a lawyer and a judge. He also tells about the call he received from President Reagan asking him to accept the position as  a Court of Appeals Judge for the Tenth Circuit.   

Judge David M. Ebel shares his stories as a law clerk and friend to former U.S. Supreme Court Justice Byron R.  White (1917-2002). Tune in to learn more about Justice White's storied career including his achievements as an athlete, scholar, lawyer and judge.  To learn more about Justice White, read this special tribute appearing within the Historical Society's spring/summer 2017 newsletter authored by Judge Ebel. The article was released on the 100th anniversary of the Byron White U.S. Courthouse in Denver.  To inquire about courthouse visits and tours, call 303/844.2067. 

In Part 2 of this special two-part episode, hear the late Justice Ruth Bader Ginsburg tell the incredible story of how she came to challenge a discriminatory provision of the Tax Code in the Tenth Circuit case of Moritz v.  Commissioner of Internal Revenue.  Read more about Moritz and RBG's now famous 2010 "fireside chat" in Volume IX, Issue 1 (2019) of the Tenth Circuit Historical Society's newsletter: http://www.10thcircuithistory.org/newsletters

In Part 1 of this special two-part episode, retired Tenth Circuit Judge Robert H. Henry shares the events leading up to Ruth Bader Ginsburg's famous speech about the Moritz case, which helped launch her career. Our guest also shares special observations about the inspiring partnership and marriage of Ruth and Martin Ginsburg. Read more about Moritz and RBG's now famous 2010 "fireside chat" in Volume IX, Issue 1 (2019) of the Tenth Circuit Historical Society's newsletter: http://www.10thcircuithistory.org/newsletters

On this episode, the Honorable Judge Bobby R. Baldock shares the story of the Byron White Courthouse in downtown Denver, home to the U.S. Court of Appeals for the Tenth Circuit. Learn about how the Court enlisted Congress to secure the space and undertook a remarkable renovation. Please note :After the initial recording of this episode, Judge Baldock desired to clarify three points for our listeners: The year construction of the Byron White Courthouse was completed was 1916Senator Stevens was from Alaska not ArizonaThe special bench desired for the remodel of the historical courtroom was found within the Ninth Circuit Court in MontanaThe two brochures Judge Baldock talked about are locate here:Byron White United State Courthouse Brochure 1Byron White United State Courthouse Brochure 2Visit the Historical Society Website for more information. http://www.10thcircuithistory.org/

To learn more about Judge Baldock, check back with the  Tenth Circuit Historical Society for the upcoming Oral History of Judge Bobby R. Baldock. Website for any other information.http://www.10thcircuithistory.org/

A new podcast brought to you by the Tenth Circuit Historical Society and the U.S. Court of Appeals for the Tenth Circuit.Featuring Alleen VanBebber www.10thcircuithistory.org