Richard R. Clifton

Richard R. Clifton is a senior United States circuit judge on the Ninth Circuit Court of Appeals. Appointed by President George W. Bush in 2002, he served as an active‑service judge until assuming senior status at the end of 2016 and continues to hear cases. His career spans private practice, academic teaching, and more than two decades of federal appellate service, during which he has participated in a range of decisions involving constitutional issues, civil liberties, and administrative law.

Early life and legal career

Born in 1950, Richard Randall Clifton pursued his undergraduate education at Princeton University, where he earned an Artium Baccalaureus degree. He continued his studies at Yale Law School, receiving a Juris Doctor. Following graduation, Clifton secured a clerkship with Judge Herbert Choy of the United States Court of Appeals for the Ninth Circuit, gaining early exposure to appellate practice and the federal judiciary’s procedural framework.

After completing his clerkship, Clifton returned to Hawaii, establishing a private law practice in Honolulu. In this capacity he represented clients across a variety of civil matters, developing a reputation within the local legal community. Concurrently, he contributed to legal education as an adjunct professor at the William S. Richardson School of Law, University of Hawaiʻi. His teaching role allowed him to share practical insights with law students while remaining engaged in contemporary legal scholarship.

Clifton’s professional trajectory combined courtroom experience with academic involvement, positioning him for consideration for a federal judgeship. His background reflects both the regional ties to Hawaii and the broader national perspective acquired through his education and early clerkship on the Ninth Circuit.

Federal appellate service

President George W. Bush nominated Clifton to the United States Court of Appeals for the Ninth Circuit on September 4, 2001, designating him to fill the vacancy created by Judge Cynthia Holcomb Hall’s departure. The nomination marked Bush’s first appointment to that circuit. Following Senate deliberations, the United States Senate confirmed Clifton on July 30, 2002 by a unanimous vote of 98–0, underscoring bipartisan support for his qualifications. He received his commission the same day and entered active service as a circuit judge.

During his tenure as an active‑service judge, Clifton contributed to numerous panels addressing a wide spectrum of legal issues. In 2006 he sat on the panel that upheld the imprisonment of journalist Josh Wolf, a case involving questions of press freedom and criminal contempt. His participation in that decision reflected the court’s role in balancing First Amendment protections against judicial authority.

In early February 2017, amidst nationwide debate over Executive Order 13769, Clifton, together with Judges William Canby and Michelle Friedland, heard oral arguments on a request from the Trump administration to stay a temporary restraining order issued in State of Washington v. Trump. The hearing was broadcast live across the country, illustrating the public interest in the case. Two days later, the three‑judge panel denied the administration’s motion for a stay, allowing the restraining order to remain in effect.

Clifton also engaged with Second Amendment jurisprudence. In July 2018 he authored a dissent when the Ninth Circuit majority held that Hawaii’s licensing requirement for openly carrying firearms violated constitutional protections. His dissent articulated an alternative view on the balance between public safety regulations and individual gun‑ownership rights.

The following year, in July 2019, Clifton again joined Judge Michelle T. Friedland in upholding a district court order halting portions of the construction of President Donald Trump’s border wall. The decision was later reviewed by the Supreme Court, which reversed the Ninth Circuit’s ruling by a 5‑3 vote, reflecting divergent judicial perspectives on executive authority and statutory interpretation.

Later that same year, on November 29, 2019, Clifton issued an order temporarily staying the execution of Barry Lee Jones, who had been convicted of sexual assault, child abuse, and felony murder. The stay exemplified the appellate court’s capacity to intervene in capital‑punishment cases pending further review.

After more than fourteen years of active service, Judge Clifton assumed senior status on December 31, 2016. Senior judges retain the authority to hear cases, often handling reduced caseloads while providing continuity and institutional memory for their courts. Since taking senior status, he has continued to sit on panels and contribute to the Ninth Circuit’s docket.

Jurisprudence and legacy

Judge Clifton’s judicial record reflects a consistent engagement with complex constitutional questions and high‑profile administrative disputes. His opinions and dissents demonstrate an analytical approach grounded in statutory interpretation, precedent, and the specific facts presented before the court. Across cases involving press freedom, immigration policy, gun regulation, border security, and capital punishment, his reasoning has emphasized careful consideration of both individual rights and governmental interests.

While serving on a circuit that encompasses a vast geographic area and diverse legal issues, Clifton’s contributions have helped shape the development of federal law in the western United States. His participation in decisions concerning executive orders and immigration enforcement illustrates the Ninth Circuit’s pivotal role in reviewing national policies with far‑reaching consequences. Similarly, his involvement in Second Amendment litigation underscores the ongoing judicial dialogue over firearm regulation at both state and federal levels.

Clifton’s background as a practitioner in Honolulu and an adjunct law professor informs his perspective on the practical implications of appellate rulings for litigants and legal practitioners alike. By maintaining an active presence on the bench after assuming senior status, he continues to mentor newer judges and provide seasoned insight into the court’s procedural dynamics.

Overall, Judge Richard R. Clifton’s career embodies a blend of regional experience, academic involvement, and sustained federal appellate service. His body of work contributes to the jurisprudential fabric of the Ninth Circuit, influencing legal interpretations that affect millions of residents within its jurisdiction. As a senior judge, his ongoing participation ensures that institutional expertise remains available to address evolving legal challenges while upholding the principles of judicial independence and impartiality.