Mary Murphy Schroeder

Mary Murphy Schroeder (born December 4, 1940) is an American attorney and jurist who has served on the United States Court of Appeals for the Ninth Circuit since 1979. Appointed by President Jimmy Carter, she became the first woman to hold the position of chief judge on that circuit, serving in that capacity from 2000 to 2007. After assuming senior status at the end of 2011, Judge Schroeder continues to hear cases and remains an active participant in the federal judiciary. Her career spans private practice, state appellate service, extensive involvement with the American Law Institute, and a record of decisions on environmental law, intellectual property, civil rights, and criminal procedure.

Early life and legal career

Mary Murphy Schroeder was born in Boulder, Colorado, in 1940. She pursued undergraduate studies at Swarthmore College, receiving a Bachelor of Arts degree in 1962. Continuing her education in the Midwest, she earned a Juris Doctor from the University of Chicago Law School in 1965, where she was one of only six women in her graduating class. In recognition of her professional contributions, Swarthmore awarded her an honorary Doctor of Laws (LL.D.) in May 2006.

Following law school, Schroeder entered federal service as a trial attorney with the United States Department of Justice Civil Division, a position she held from 1965 until 1969. She then returned to the judiciary for a brief clerkship in 1970, serving Justice Jesse Addison Udall of the Arizona Supreme Court. The following year marked her entry into private practice when she joined the Phoenix firm Lewis & Roca; she was promoted to partner in 1973.

Schroeder’s judicial career began at the state level with her appointment to the Arizona Court of Appeals in 1975. She served on that intermediate appellate court for four years, developing a reputation for thorough legal analysis and contributing to the development of Arizona jurisprudence until her federal elevation in 1979.

Beyond her courtroom work, Schroeder has been active in professional organizations. She was elected to the American Law Institute (ALI) in 1974 and later joined its Council in 1993. Within ALI she has served as an adviser on several Restatement projects, including the Third Restatement of Agency, the Third Restatement of the Law of Consumer Contracts, and Principles of Government Ethics. Her leadership extended to the National Association of Women Judges, where she held the presidency for the 1998‑99 term.

Federal appellate service

President Jimmy Carter nominated Schroeder to a newly created seat on the United States Court of Appeals for the Ninth Circuit on May 3, 1979. The Senate confirmed her nomination on September 25, 1979, and she received her commission the following day. Her appointment placed her among the early cohort of women serving at the federal appellate level.

During her tenure as an active judge, Schroeder contributed to a broad spectrum of legal issues before the Ninth Circuit. In 2000, she became the circuit’s first female chief judge, a role she fulfilled until 2007. As chief judge, she oversaw administrative functions for one of the nation’s largest appellate courts and guided policy decisions affecting the court’s operation.

Schroeder assumed senior status on December 31, 2011, thereby reducing her caseload while retaining the authority to hear cases and author opinions. Even in senior status, she has continued to shape Ninth Circuit jurisprudence through participation in panels addressing complex statutory and constitutional questions.

Her service on the bench has been recognized by a range of professional honors. In 2023, the American Law Institute presented her with the John Minor Wisdom Award for distinguished contributions to the law. The Arizona State Bar Association honored her with the James A. Walsh Outstanding Jurist Award, and the American Bar Association bestowed upon her its Margaret Brent Award. Additionally, she received the Joan Dempsey Klein National Association of Women Judges Honoree of the Year Award. Two awards at Arizona State University’s law school—the Mary M. Schroeder Public Interest Prize and the Judge Mary M. Schroeder Federal Practice Award—bear her name in acknowledgment of her impact on legal education and public service.

Jurisprudence and legacy

Judge Schroeder’s judicial output reflects engagement with a diverse array of substantive areas. In environmental law, she authored opinions concerning the northern spotted owl case, addressing the application of the Endangered Species Act to forest management practices. Her decisions in intellectual property matters include an appellate review of the Napster file‑sharing platform’s alleged copyright infringements.

A notable civil‑rights contribution came through her authorship of a coram nobis opinion that vacated the World War II convictions of Gordon Hirabayashi, who had been prosecuted for defying curfew and relocation orders imposed on Japanese Americans. This decision underscored the court’s willingness to revisit historical injustices.

Schroeder has also addressed religious‑freedom claims, as illustrated in CAPEEM v. Torlakson, where she rejected a challenge asserting that California public schools misrepresented Hinduism. In employment law, her opinion in Jespersen v. Harrah’s Operating Co. held that an employer’s grooming standards requiring women to wear makeup did not constitute facial discrimination under Title VII of the Civil Rights Act.

Criminal procedure and constitutional rights have featured prominently in her docket. In 2015, she found that a district court’s policy of indiscriminately shackling defendants during pre‑trial hearings violated the Due Process Clause; this ruling was affirmed by an en banc panel before being vacated by the United States Supreme Court. The following year, she authored a unanimous opinion upholding California’s ten‑day waiting period for firearm purchases under intermediate scrutiny—a standard later superseded by subsequent legal developments.

More recently, in May 2021, Schroeder ruled that the Environmental Protection Agency had failed to adequately evaluate lead exposure standards and ordered a reconsideration of both drinking water and soil lead levels. Her opinion emphasized the agency’s duty to align regulatory actions with congressional intent to protect children from lead poisoning.

Beyond her written opinions, Judge Schroeder’s legacy includes mentorship of younger attorneys and judges, contributions to legal scholarship through ALI Restatement projects, and advocacy for gender equity within the judiciary. Her career reflects a sustained commitment to public service across federal, state, and academic arenas, and her continued activity as a senior judge ensures that her influence on Ninth Circuit jurisprudence endures.

In her personal life, Schroeder is married to Milton Schroeder, a professor at the Sandra Day O’Connor College of Law. The couple has two daughters, Katherine and Caroline. Her professional achievements, combined with her ongoing engagement in legal education and reform, position her as a prominent figure in contemporary American jurisprudence.