Alfred Theodore Goodwin

Alfred Theodore Goodwin was a United States circuit judge who served on the United States Court of Appeals for the Ninth Circuit from 1971 until his death in 2022. Born in 1923 in Bellingham, Washington, he had a distinguished legal career that spanned more than seven decades, including service on the Oregon state judiciary before his appointment to the federal bench by President Richard M. Nixon, a Republican. Goodwin served as Chief Judge of the Ninth Circuit from 1988 to 1991 and became known for authoring significant opinions in constitutional law and intellectual property cases. At the time of his death at age 99, he was the oldest federal judge still hearing cases and among the longest-serving judges in the history of the federal judiciary.

Early life and legal career

Goodwin was born on June 29, 1923, in Bellingham, Washington. His early adulthood coincided with World War II, during which he served as a captain in the United States Army. Following his military service, he pursued higher education at the University of Oregon, where he earned a Bachelor of Arts degree in 1947. He continued his studies at the University of Oregon School of Law, receiving his Juris Doctor in 1951.

After completing his legal education, Goodwin entered private practice as an attorney in Eugene, Oregon, where he worked for approximately five years. This period of private practice provided him with foundational experience in the legal profession and established his presence in Oregon's legal community. His work during these years positioned him for subsequent judicial appointments.

Goodwin's transition to the judiciary began in 1955 when he was appointed to serve on the Oregon Circuit Court, a trial-level state court. He served in this capacity for five years, gaining experience in managing courtroom proceedings and deciding cases at the trial level. His performance on the circuit court led to his elevation to the Oregon Supreme Court in 1960. Governor Mark Hatfield appointed Goodwin to the state's highest court on March 18, 1960, to fill a vacancy created by the departure of Hall S. Lusk, who had been appointed to the United States Senate. Later that same year, Goodwin stood for election to retain his seat and won a full six-year term. He demonstrated his continued support among Oregon voters by winning re-election in 1966, securing another six-year term on the state supreme court.

Goodwin served on the Oregon Supreme Court for nearly a decade, during which time he participated in numerous decisions affecting state law and developed a reputation as a thoughtful jurist. His tenure on the state's highest court came to an end on December 19, 1969, when he resigned to accept a federal judicial appointment.

Federal appellate service

President Richard M. Nixon nominated Goodwin to serve as a United States District Judge for the District of Oregon on September 22, 1969. The nomination was to fill a seat that had been vacated by Judge John Kilkenny. The United States Senate confirmed Goodwin's appointment on December 10, 1969, and he received his commission the following day. His service on the federal district court was relatively brief, lasting just over two years, as he was elevated to the appellate bench in late 1971.

On November 3, 1971, President Nixon nominated Goodwin to the United States Court of Appeals for the Ninth Circuit, again to a seat previously held by Judge John Kilkenny. The Senate confirmed this appointment on November 23, 1971, and Goodwin received his commission on November 30, 1971. This appointment marked the beginning of what would become an extraordinarily long tenure on one of the nation's largest and most influential federal appellate courts.

The Ninth Circuit covers a vast geographic area encompassing multiple western states and territories, and handles a substantial portion of the federal appellate caseload. As a circuit judge, Goodwin participated in three-judge panels that reviewed appeals from federal district courts and administrative agencies, addressing questions of federal law across a wide range of subject matters.

In 1988, Goodwin assumed the position of Chief Judge of the Ninth Circuit. Chief Judge James R. Browning had stepped down from the chief judgeship while Goodwin remained eligible under the age requirements to succeed him. Goodwin took office as Chief Judge on June 15, 1988. As Chief Judge, he held administrative responsibilities for the circuit in addition to his judicial duties, overseeing court operations and representing the circuit in the federal judiciary. He served in this leadership role until January 31, 1991, when he assumed senior status.

Senior status is a form of semi-retirement available to federal judges who meet certain age and service requirements. Judges on senior status maintain their judicial commissions and may continue to hear cases, though they typically carry reduced caseloads and are not counted against the court's authorized judgeships. Remarkably, Goodwin remained active in hearing cases for more than three decades after taking senior status, continuing to participate in the work of the Ninth Circuit until his death in 2022.

Jurisprudence and legacy

During his five decades on the Ninth Circuit, Goodwin authored numerous opinions addressing diverse areas of federal law. Among his most widely known decisions was his majority opinion in a case involving the Pledge of Allegiance that ultimately reached the United States Supreme Court as Elk Grove Unified School District v. Newdow. In that case, Goodwin's panel opinion concluded that the recitation of the Pledge of Allegiance with the phrase "under God" in public schools violated the Establishment Clause of the First Amendment. The decision generated substantial public attention and controversy. The Supreme Court ultimately reversed the Ninth Circuit's ruling, though on procedural grounds rather than reaching the constitutional merits that Goodwin's opinion had addressed.

Goodwin also authored a significant opinion in the area of intellectual property and the right of publicity. In White v. Samsung Electronics America, decided in 1992, he wrote for a Ninth Circuit panel in a case brought by Vanna White, the television personality known for her role on the game show Wheel of Fortune. The case involved a Samsung advertisement that featured a robot dressed in a manner evocative of White's appearance and performing actions associated with her television role. Goodwin's opinion found in favor of White, concluding that Samsung's commercial use constituted an actionable appropriation of her identity. The decision became an important precedent in California law regarding the right of publicity and the extent to which commercial entities may invoke or suggest celebrity identities in advertising.

Beyond these prominent cases, Goodwin participated in countless other appeals during his tenure, contributing to the development of federal law across the Ninth Circuit's jurisdiction. His longevity on the bench meant that he witnessed and participated in significant changes in American law and society over more than half a century of federal judicial service.

Goodwin died on December 27, 2022, at the age of 99. His death marked the end of a judicial career of exceptional length and dedication. At the time of his passing, he held the distinction of being the oldest federal judge still actively hearing cases and was among the longest-serving judges in the history of the federal judiciary. His service spanned appointments by a Republican president during the early 1970s through the third decade of the twenty-first century, encompassing an era of profound transformation in American law and the federal courts.