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Harry Pregerson
Harry Pregerson.jpg
Senior Judge of the United States Court of Appeals for the Ninth Circuit
In office
December 11, 2015 – November 25, 2017
Judge of the United States Court of Appeals for the Ninth Circuit
In office
November 2, 1979 – December 11, 2015
Appointed by Jimmy Carter
Preceded by Seat established by 92 Stat. 1629
Succeeded by Daniel P. Collins
Judge of the United States District Court for the Central District of California
In office
December 7, 1967 – November 6, 1979
Appointed by Lyndon B. Johnson
Preceded by Seat established by 80 Stat. 75
Succeeded by Cynthia Holcomb Hall
Personal details
Born (1923-10-13)October 13, 1923
Los Angeles, California
Died November 25, 2017(2017-11-25) (aged 94)
Los Angeles, California
Education University of California, Los Angeles (BA)
UC Berkeley School of Law (LLB)

Harry Pregerson (born October 13, 1923 – died November 25, 2017) was an important U.S. federal judge. He was appointed to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter in 1979. Judge Pregerson was known as one of the most open-minded judges. He was praised and sometimes criticized for always following his own strong beliefs, even if it meant going against past court decisions.

Early Life and Education

Harry Pregerson was born and grew up in Los Angeles, California. His father worked for the post office. His parents were Jewish immigrants who came from Ukraine.

Pregerson served as a First Lieutenant in the United States Marine Corps during World War II. He was badly hurt in a major battle called the Battle of Okinawa in 1945. After the war, he used the G.I. Bill to go to college. He earned a Bachelor of Arts degree from the University of California, Los Angeles in 1947. Then, he got his law degree from the UC Berkeley School of Law in 1950.

He worked as a private lawyer in Los Angeles from 1951 to 1953. He then practiced law in Van Nuys, California, until 1965. In 1965, Pregerson became a judge on the Los Angeles Municipal Court. The next year, he moved to the Los Angeles County Superior Court, where he served until 1967.

Federal Judge Service

President Lyndon B. Johnson chose Harry Pregerson to be a judge for the United States District Court for the Central District of California. This happened on November 29, 1967. The United States Senate approved his appointment on December 7, 1967. He started his work as a federal judge that same day. He served in this role until November 6, 1979.

Later, President Jimmy Carter nominated Pregerson to the United States Court of Appeals for the Ninth Circuit. This was on August 28, 1979. The Senate approved him on October 31, 1979, and he began his new role on November 2, 1979. He took on a "senior status" role on December 11, 2015. This means he worked a reduced schedule. His time as a judge ended on November 25, 2017, when he passed away in Los Angeles.

Judge Pregerson's Beliefs

Judge Pregerson's way of thinking as a judge was often called "liberal." This means he often focused on protecting individual rights and ensuring fairness for everyone. During his hearing to become a judge, he told the United States Senate Committee on the Judiciary something very important. He said his conscience was guided by things like the Ten Commandments, the Bill of Rights, the Boy Scout Oath, and the Marine Corps Hymn. He even said that if he had to choose between following his conscience or the law, he would follow his conscience. Some people praised him for this, while others felt he was too focused on his personal feelings.

California Recall Election Role

Judge Pregerson was part of a group of three judges who made a big decision about the 2003 California recall election. They ordered the election to be delayed. This was because some counties were still using old-fashioned punched card voting machines. The judges felt this was unfair and violated the Equal Protection Clause of the Fourteenth Amendment. This part of the Constitution says everyone should be treated equally under the law. However, a larger group of judges from the Ninth Circuit later overturned this decision. The recall election went ahead, and Gray Davis was removed as governor. Arnold Schwarzenegger then became the new governor of California.

Supporting Gender Equality

Judge Pregerson wrote a strong opinion in a case called Jespersen v. Harrah's Operating Co. The case was about a woman who worked at a casino. The casino had a rule that women, but not men, had to wear makeup. The main group of judges said this was not sex discrimination. But Judge Pregerson disagreed.

He wrote that the casino's rule seemed to say that women's natural faces were not good enough. He felt it suggested women needed makeup to look "neat, attractive, and professional." He believed this rule was based on an old idea, or "gender-based stereotype," that women's faces are somehow "incomplete" without makeup. He strongly felt that the rule was unfair and based on stereotypes about how women should look.

Fighting for Fairness in Lawsuits

In 2007, Judge Pregerson wrote a key decision in a very large lawsuit called Dukes v. Wal-Mart Stores, Inc. This case involved many female employees who were suing Walmart for gender discrimination. They claimed Walmart treated women unfairly. Judge Pregerson's decision allowed this case to move forward as a "class action" lawsuit. This means many people with similar complaints can sue together as one group.

He explained that even though the group of employees was huge, the case could still be managed. His decision did not say whether Walmart was guilty or not. It only allowed the women to continue their lawsuit as a large group. Walmart tried to appeal this decision, and eventually, the highest court, the Supreme Court, reversed the class action status.

Honors and Recognition

In 2002, the California State Legislature honored Judge Pregerson. They named the busy freeway connection between I-110 and I-105 the "Judge Harry Pregerson Interchange." This was to recognize him as the longest-serving judge in the Ninth Circuit's history. When he was a district judge, he helped settle a big lawsuit about the Century Freeway. This allowed the construction of this important interchange. You can still see his name on signs at the interchange today.

In 1992, the UCLA Alumni Association gave Pregerson a "Community Service Award." This was for his work helping homeless families find shelter with the Salvation Army.

As a World War II veteran, Pregerson cared deeply about veterans' issues. He worked hard to help homeless veterans. In 2001, the United States Department of Veterans Affairs honored him for his dedication.

Personal Life

Harry Pregerson was the son of immigrants from Ukraine who were Jewish. His wife, Bernardine, was a scientist who studied tiny living things (a microbiologist). His son, Dean Pregerson, also became a federal district judge. His daughter, Katie Rodan, is a skin doctor and helped start a well-known skin-care brand. Harry Pregerson passed away on November 25, 2017, due to breathing problems.

See also

  • List of Jewish American jurists
  • List of United States federal judges by longevity of service
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