View source for James Robart

{{Short description|American judge}}
{{Use mdy dates|date=February 2017}}
{{Infobox judge
| honorific-prefix    = 
| name                = James Louis Robart
| honorific-suffix    = 
| image               = James L. Robart.jpg
| alt                 = 
| caption             = 
| office              = [[Senior status|Senior Judge]] of the [[United States District Court for the Western District of Washington]]
| term_start          = June 28, 2016
| term_end            = 
| office1             = Judge of the [[United States District Court for the Western District of Washington]]
| term_start1         = June 21, 2004
| term_end1           = June 28, 2016
| appointer1          = [[List of federal judges appointed by George W. Bush|George W. Bush]]
| predecessor1        = [[Thomas Samuel Zilly]]
| successor1          = ''vacant''
| pronunciation       = 
| birth_name          = James Louis Robart
| birth_date          = {{Birth date and age|1947|09|02}}
| birth_place         = [[Seattle, Washington|Seattle]], [[Washington (state)|Washington]]
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| education           = [[Whitman College]] ([[Bachelor of Arts|BA]])<br>[[Georgetown University]] ([[Juris Doctor|JD]])
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'''James Louis Robart''' (born September 2, 1947) is a [[United States federal judge|Senior United States District Judge]] of the [[United States District Court for the Western District of Washington]].

==Early life and education==
Robart was born in [[Seattle, Washington|Seattle]], [[Washington (state)|Washington]], in 1947.<ref name="FJC">{{cite web|url=https://www.fjc.gov/history/judges/robart-james-l.|title=Robart, James L. - Federal Judicial Center|website=www.fjc.gov}}</ref> Robart's father, Victor Robart, worked for [[Standard Oil of California]] as a ship captain.<ref name="Luthy">Dana Luthy, [http://www.fba-wdwash.org/newsletters/FBASummer04.pdf Profile of Judge James L. Robart], Federal Bar Association of the Western District of Washington News, Vol. 27, No. 1 (Summer 2004), pp. 11 & 13.</ref> James Robart grew up in the Richmond Beach neighborhood of [[Shoreline, Washington]], and graduated from Shoreline High School, where he was [[student body president]].<ref name="Luthy"/> He attained the rank of [[Eagle Scout (Boy Scouts of America)|Eagle Scout]].<ref name="Luthy"/>

Robart received a [[Bachelor of Arts]] degree ''magna cum laude'' from [[Whitman College]] in 1969 and a [[Juris Doctor]] from [[Georgetown University Law Center]] in 1973.<ref name = "5 things" /><ref name="Brunner"/> As a law student, he was administrative editor of the ''[[Georgetown Law Journal]]''.<ref name = "5 things" /> He also was a [[legislative assistant]] to United States Representative [[John Dellenback]] and worked with [[Henry M. Jackson|Henry M. "Scoop" Jackson]] on the [[Alaska Native Claims Settlement Act]].<ref name="Luthy"/>

==Legal career==
From 1973 to 2004, Robart was in private practice in Seattle with the [[law firm]] of Lane Powell Moss & Miller (later Lane Powell Spears Lubersky LLP and then [[Lane Powell PC]]).<ref name="Luthy"/><ref name = "5 things" /> He specialized in civil litigation.<ref name="Luthy"/> He was the chair of the firm's Litigation Department from 1992 to 1998,<ref name="Luthy"/> and was managing partner at the firm in 2003 and 2004.<ref name = "5 things" /> As an attorney, Robart tried numerous cases, including high-profile litigation related to Washington's [[List of Washington initiatives to the people#1999|Initiative 695]],<ref name = "5 things" /> in which he successfully represented the cities of [[Bainbridge Island, Washington|Bainbridge Island]], [[Bremerton, Washington|Bremerton]] and [[Lakewood, Washington|Lakewood]] in both the trial court and the [[Washington Supreme Court]].<ref name="Luthy"/> He did [[Pro bono publico|pro bono]] work with Evergreen Legal Services, and independently represented Southeast Asian refugees.<ref name = "5 things" /> He is a fellow of the [[American College of Trial Lawyers]].<ref name="Luthy"/>

Robart has been president of the Seattle Children's Home and former trustee of the Children's Home Society of Washington.<ref name="RosenbergLayne">Mica Rosenberg & Nathan Layne, [https://www.reuters.com/article/us-usa-trump-immigration-judge-idUSKBN15K009 'So-called judge' derided by Trump known for fairness, work with youth], Reuters (February 4, 2017).</ref>

Robart has been a trustee of his ''alma mater'' Whitman College, and was chair of the college's Board of Overseers.<ref name="Luthy"/>

==Federal judicial service==
On December 9, 2003, Robart was nominated by President [[George W. Bush]] to a seat on the [[United States District Court for the Western District of Washington]] vacated by [[Thomas S. Zilly]].<ref name="FJC"/> He received a unanimous "well-qualified" rating from the [[American Bar Association]]'s [[Standing Committee on the Federal Judiciary]].<ref>Trevor Hughes, [https://www.usatoday.com/story/news/2017/02/04/meet-james-robart-judge-who-halted-trumps-immigration-ban/97491632/ Meet James Robart, the judge who halted Trump's immigration ban], ''USA Today'' (February 4, 2017).</ref><ref>[http://www.americanbar.org/content/dam/aba/migrated/2011_build/federal_judiciary/ratings108.authcheckdam.pdf Ratings of Article III Judicial Nominees: 108th Congress], American Bar Association Standing Committee on the Federal Judiciary (last updated January 10, 2008).</ref> Robart was unanimously confirmed by the [[United States Senate]] on June 17, 2004, and received his commission on June 21, 2004. He took [[senior status]] on June 28, 2016.<ref name="FJC"/><ref name="5 things">{{cite news|url=http://www.cnn.com/2017/02/04/politics/judge-james-robart-travel-ban-profile/|title=James Robart: 5 things to know about judge who blocked travel ban|last=Brocchetto|first=Marilia|date=February 4, 2017|publisher=CNN|access-date=4 February 2017}}</ref><ref>{{cite web|title=Presidential Nomination: James Louis Robart|url=https://georgewbush-whitehouse.archives.gov/news/nominations/1351.html|publisher=White House|access-date=February 5, 2017|language=en}}</ref>

==Notable cases==

Robart presided over a case in which a [[street performer]] (busker) raised a constitutional challenge to [[Seattle Center]] rules regulating performers' conduct. In 2005, Robart held that some of the regulations, such as those requiring performers to wear badges and barring them from performing within 30 feet of people waiting in line, were a prior restraint and violated performers' constitutional right to [[Freedom of speech in the United States|freedom of speech]].<ref name="Shukovsky">Paul Shukovsky, [http://www.seattlepi.com/local/article/Seattle-Center-limits-on-street-performers-OK-d-1261157.php Seattle Center limits on street performers OK'd], ''Seattle Post-Intelligencer'' (January 9, 2008).</ref> On appeal, a three-judge panel of the Ninth Circuit initially reversed in a 2-1 decision, holding that the regulations were valid.<ref name="Shukovsky"/> After a rehearing ''en banc'',<ref>{{cite court|litigants=Berger v. City of Seattle|vol=533|reporter=F.3d|opinion=1030|pinpoint= |court=9th Cir. (en banc)|date=2008|url=https://scholar.google.com/scholar_case?case=12368684704842740570}}</ref> the Ninth Circuit upheld Robart's ruling, concluding that the challenged rules did not "qualify as reasonable time, place, or manner restrictions" under the current record.<ref>{{cite court|litigants=Berger v. City of Seattle|vol=569|reporter=F.3d|opinion=1029|pinpoint= |court=9th Cir. (en banc)|date=2009|url=https://scholar.google.com/scholar_case?case=12021124308690069166}}</ref>

In 2005, in the case of ''ASF Inc. v. City of Seattle'', Robart struck down the City of Seattle's effective ban on [[strip club]]s, finding that the city's 17-year moratorium on granting adult entertainment licenses constituted an unconstitutional [[prior restraint]].<ref>Mike Lewis, [http://www.seattlepi.com/local/article/Judge-strikes-down-ban-on-strip-clubs-1182831.php Judge strikes down ban on strip clubs: City instead will keep pushing for 4-foot rule], ''Seattle Post-Intelligence'' (September 12, 2005).</ref><ref>{{cite court|litigants=ASF Inc. v. City of Seattle|vol=408|reporter=F. Supp. 2d|opinion=1102|pinpoint= |court=W.D. Wash.|date=2005|url=https://scholar.google.com/scholar_case?case=12452860086175344187}}</ref>

In 2011, Robart dismissed a lawsuit brought by [[phone book]] companies against the City of Seattle. The companies challenged the city's law that created a "yellow book" opt-out registry, allowing residents to cancel deliveries of phone books. Robart found that the ordinance was a permissible restraint on [[commercial speech]].<ref>Vanessa Ho, [http://www.seattlepi.com/local/article/Phone-book-company-loses-court-fight-against-1444734.php Phone book company loses court fight against Seattle], ''Seattle Post-Intelligencer'' (June 29, 2011).</ref><ref>{{cite court|litigants=Dex Media West, Inc. v. City of Seattle|vol=793|reporter=F. Supp. 2d|opinion=1213|pinpoint= |court=W.D. Wash.|date=2011|url=https://scholar.google.com/scholar_case?case=8971267840397066766}}</ref> On appeal, however, the [[U.S. Court of Appeals for the Ninth Circuit]], disagreed and reversed.<ref>{{cite court|litigantsDex Media West, Inc. v. City of Seattle|vol=696|reporter=F.3d|opinion=952|pinpoint= |court=9th Cir.|date=2012|url=http://lawprofessors.typepad.com/files/11-35399.pdf}}</ref>

In 2012 Robart presided over a [[breach of contract]] matter between [[Microsoft]] and [[Motorola]], which determined a [[reasonable and non-discriminatory licensing|reasonable and non-discriminatory]] royalty rate for a portfolio of [[Essential patent|standard essential patents]], including for several [[IEEE 802.11|802.11]] ("WiFi") and [[H.264]] video-encoding patents.<ref>{{cite court|litigants=Microsoft Corp. v. Motorola, Inc.|vol=854|reporter=F. Supp. 2d|opinion=993|pinpoint= |court=W.D. Wash.|date=2012|url=https://scholar.google.com/scholar_case?case=1924127322342213140}}</ref><ref>{{cite news|url=http://articles.chicagotribune.com/2012-11-21/business/sns-rt-us-microsoft-google-trialbre8ak03b-20121120_1_motorola-patents-google-s-motorola-mobility-video-patents|title=Microsoft vs. Google trial over patents ends|last=Dembiczak|first=Lisa|date=November 21, 2012|work=Chicago Tribune|access-date=5 February 2017}}</ref><ref>{{cite news|url=http://www.ibtimes.com/microsoft-vs-motorola-patent-trial-first-phase-draws-close-judge-set-royalty-rate-894434|title=Microsoft Vs Motorola Patent Trial First Phase Draws To A Close; Judge To Set Royalty Rate|last=Ramnathan|first=Valli Meenkshi|date=November 21, 2012|work=International Business Times|access-date=5 February 2017}}</ref>

In August 2016, Robart presided over a 2012 [[consent decree]] requiring the [[Seattle Police Department]] to address federal allegations of [[Police brutality in the United States|police bias]]. During the hearing, he said "black lives matter."<ref>{{cite news|url=http://www.seattletimes.com/seattle-news/crime/in-tongue-lashing-federal-judge-wont-let-guild-hold-police-reform-hostage/|title=Federal judge declares 'black lives matter' during hearing over Seattle police reform|last=Miletich|first=Steve|date=August 15, 2016|work=Seattle Times|access-date=5 February 2017}}</ref>

Robart was assigned to ''[[Microsoft v. United States (2016 lawsuit)|Microsoft v. United States]]'', a case brought in 2016 by [[Microsoft Corp.]] (with support by other tech companies, including [[Apple Inc.|Apple]], [[Google]], and [[Amazon.com Inc.|Amazon]]) against the [[U.S. Department of Justice]], challenging the provision of the federal [[Stored Communications Act]] that bars companies from alerting customers to [[Sneak and peek warrant|secret government surveillance of their emails]]. In February 2017, Robart denied the government's [[motion to dismiss]], finding that Microsoft had made a plausible [[First Amendment to the United States Constitution|First Amendment]] argument that these "gag orders" were akin to "permanent injunctions preventing speech from taking place before it occurs" and therefore failed [[strict scrutiny]]. Robart wrote: "The public debate has intensified as people increasingly store their information in the [[Cloud computing|cloud]] and on devices with significant storage capacity. Government surveillance aided by [[Internet service provider|service providers]] creates unique considerations because of the vast amount of data service providers have about their customers."<ref>
*Kartikay Mehrotra, [https://www.bloomberg.com/news/articles/2017-02-09/microsoft-can-pursue-suit-over-u-s-sneak-and-peek-searches Microsoft Allowed to Sue U.S. Government Over E-mail Surveillance], Bloomberg (February 9, 2017).
*Josh Gerstein, [http://www.politico.com/blogs/under-the-radar/2017/02/microsoft-lawsuit-gag-orders-court-ruling-234855 Court backs Microsoft suit over surveillance gag orders], ''Politico'' (February 9, 2017).
*Peter A. Crusco, [http://www.newyorklawjournal.com/id=1202779992099/Indefinite-Gag-Orders-Under-the-Stored-Communications-Act?slreturn=20170203115034 Indefinite Gag Orders Under the Stored Communications Act], ''[[New York Law Journal]]'' (February 27, 2017).</ref>

On February 3, 2017, Robart granted a temporary restraining order against President [[Donald Trump]]'s [[Executive Order 13769|executive order on travel and immigration]],<ref>http://www.ca9.uscourts.gov: [https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860 ''State of Washington & State of Minnesota v. Trump''] {{Webarchive|url=https://web.archive.org/web/20170205221335/https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860 |date=February 5, 2017 }}</ref><ref>{{cite news|title=Judge to hear state's lawsuit against Trump's immigration ban Friday|url=http://www.kiro7.com/news/local/judge-to-hear-states-lawsuit-against-trumps-immigration-ban-friday/490555631|publisher=KIRO|date=February 3, 2017}}</ref> pending review of a [[Washington v. Trump|lawsuit]] brought by Washington Attorney General [[Bob Ferguson (politician)|Bob Ferguson]].<ref>{{cite news|last1=Person|first1=Daniel|title='No One Is Above the Law': Federal Judge in Seattle Puts Trump's Immigration Order On Ice |url=http://www.seattleweekly.com/news/no-one-is-above-the-law-seattle-federal-judge-puts-trumps-immigration-order-on-ice/|work=Seattle Weekly|date=February 3, 2017}}</ref> Trump responded via [[Twitter]], calling the opinion "ridiculous" and disparaging Robart as a "so-called judge".<ref name="RosenbergLayne"/><ref name="Brunner">Jim Brunner, [http://www.seattletimes.com/seattle-news/politics/judge-who-stalled-travel-ban-is-a-highly-regarded-gop-appointee/ Trump's 'so-called judge' is a highly regarded GOP appointee], ''Seattle Times'' (February 4, 2017).</ref><ref>Julie Page, [http://www.seattletimes.com/nation-world/nation-politics/trump-lashes-out-a-federal-judge-over-ruling-on-travel-ban/ Trump's criticism of judge shows limits of staff's influence], Associated Press (February 4, 2017).</ref> Trump's personal attack on Judge Robart prompted criticism from members of Congress and commentators who said that it endangered the [[independence of the judiciary]].<ref>
*[[Martha Minow]] & [[Robert Post (law professor)|Robert Post]], [https://www.bostonglobe.com/opinion/2017/02/10/standing-for-called-law/VLbDYmrwpdjCn8qs5FPJaK/story.html Standing up for 'so-called' law], ''Boston Globe'' (February 10, 2017).
*[[Joe Scarborough]], [https://www.washingtonpost.com/blogs/post-partisan/wp/2017/02/05/joe-scarborough-trumps-reckless-shot-at-a-federal-judge/ Trump's reckless shot at a federal judge], ''Washington Post'' (February 5, 2017).
*[[Eric Posner]], [https://www.nytimes.com/2017/02/04/opinion/gorsuch-must-condemn-trumps-attack-on-a-judge.html Gorsuch Must Condemn Trump's Attack on a Judge], ''New York Times'' (February 4, 2017).
*Sahil Kapur. [https://www.bloomberg.com/politics/articles/2017-02-05/democrats-see-opening-against-gorsuch-in-trump-attack-on-judge Democrats See Opening Against Gorsuch in Trump Judge Attack], Bloomberg Politics (February 5, 2017).</ref> On February 9, a three-judge panel of the Ninth Circuit unanimously upheld Robart's order and rejected the federal government's request for an emergency stay pending appeal.<ref>{{cite news|first=Matt |last=Zapotosky|url=https://www.washingtonpost.com/world/national-security/federal-appeals-court-maintains-suspension-of-trumps-immigration-order/2017/02/09/e8526e70-ed47-11e6-9662-6eedf1627882_story.html|title=Federal appeals court rules 3 to 0 against Trump on travel ban|work=[[The Washington Post]]|date=February 9, 2017}}</ref><ref>{{cite court|litigants=State of Washington v. Trump|vol=847|reporter=F.3d|opinion=1151|pinpoint= |court=9th Cir.|date=2017|url=http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860}}</ref>

On December 23, 2017, Robart granted a nationwide injunction that blocks [[Presidency of Donald Trump|the administration]]’s restrictions on the process of [[Family reunification|reuniting refugee families]] and partially lifted a ban on refugees from 11 mostly Muslim countries.<ref>{{cite news|work=The Washington Post|url=https://www.washingtonpost.com/national/religion/judge-partially-lifts-trump-administration-ban-on-refugees/2017/12/23/d8ed123a-e843-11e7-927a-e72eac1e73b6_story.html|archive-url=https://web.archive.org/web/20171224033819/https://www.washingtonpost.com/national/religion/judge-partially-lifts-trump-administration-ban-on-refugees/2017/12/23/d8ed123a-e843-11e7-927a-e72eac1e73b6_story.html|url-status=dead|archive-date=December 24, 2017|title=Judge's partial lifting of Trump ban gives refugees hope|date=December 23, 2017}}</ref>

On July 24, 2020 Robart granted a restraining order on behalf of the justice department overruling a Seattle city ban on the use of teargas and impact munitions.

==Personal life==

Robart married Mari Jalbing in November 1980.<ref name="Luthy"/> The two have been [[foster parent]]s for many years, mostly for children from [[southeast Asia]].<ref name="RosenbergLayne"/><ref>[https://www.congress.gov/108/chrg/shrg95617/CHRG-108shrg95617.htm Presentation of James L. Robart, Nominee To Be District Judge for the Western District of Washington, by Hon. Patty Murray, a U.S. Senator from the State of Washington], S. Hrg. 108-135, Pt. 6, [[United States Senate Committee on the Judiciary]], 108th Congress.</ref>

Robart is an avid fisherman and has for many years taken annual fishing trips to [[Langara Island]], [[British Columbia]].<ref name="Luthy"/> He is also a frequent reader of biographies, citing [[William Manchester]]'s [[The Last Lion: Winston Spencer Churchill|unfinished Churchill biography]] as his favorite.<ref name="Luthy"/> He is known for often wearing a [[bow tie]] along with his judicial robes.<ref name="RosenbergLayne"/><ref name="Brunner"/>

==References==
{{Reflist|33em}}

==External links==
*{{FJC Bio|nid=1392161}}

{{s-start}}
{{s-legal}}
{{s-bef|before=[[Thomas Samuel Zilly]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States District Court for the Western District of Washington]]}}|years=2004–2016}}
{{s-vac}}
{{s-end}}

{{United States 9th Circuit senior district judges}}
{{Authority control}}

{{DEFAULTSORT:Robart, James Louis}}
[[Category:1947 births]]
[[Category:Living people]]
[[Category:Georgetown University Law Center alumni]]
[[Category:Judges of the United States District Court for the Western District of Washington]]
[[Category:Lawyers from Seattle]]
[[Category:United States district court judges appointed by George W. Bush]]
[[Category:21st-century American judges]]
[[Category:Whitman College alumni]]