Chester J. Straub

Chester J. Straub was a United States circuit judge who served on the United States Court of Appeals for the Second Circuit from 1998 to 2008. Born in Brooklyn, New York, in 1937, he had a multifaceted career that included military service, private legal practice, state legislative service in New York, and a decade on the federal appellate bench. Appointed by President William J. Clinton, a Democrat, Straub was confirmed by the Senate in 1998 and assumed senior status in 2008. He passed away in 2024 at the age of 87.

Early life and legal career

Chester John Straub was born on May 12, 1937, in Brooklyn, New York City. He pursued his undergraduate education at St. Peter's College, where he earned a Bachelor of Arts degree in 1958. He then attended the University of Virginia School of Law, receiving his Bachelor of Laws in 1961. Following his legal education, Straub served his country as a First Lieutenant in United States Army Intelligence and Security from 1961 to 1963, fulfilling his military obligation during the early years of the Cold War.

After completing his military service in 1963, Straub entered private practice with the prominent New York law firm Willkie Farr & Gallagher. He would remain with this firm for more than three decades, becoming a partner in 1971. His legal practice focused primarily on litigation, work before regulatory agencies, and governmental affairs, areas that would serve him well in his later public service roles. During his time in private practice, Straub also pursued a parallel career in public service through elected office.

Beginning in 1967, while still maintaining his legal practice, Straub served as a member of the New York State Assembly. He represented his Brooklyn constituency through three legislative sessions, sitting in the 177th, 178th, and 179th New York State Legislatures from 1967 to 1972. His service in the Assembly provided him with valuable experience in the legislative process and public policy. In 1972, an opportunity arose when Senator Edward S. Lentol received a nomination to the State Supreme Court for Kings County. The Kings County Democratic organization selected Straub to replace Lentol as their nominee for the State Senate seat. Straub won the election and transitioned to the upper chamber of the state legislature, where he served from 1973 to 1975 in the 180th and 181st New York State Legislatures. This combination of legal practice and legislative service gave Straub a comprehensive understanding of both the creation and interpretation of law, experience that would inform his later judicial work.

Federal appellate service

After more than two decades away from elected office and continuing his distinguished career in private practice, Straub was nominated to the federal judiciary. On February 11, 1998, President Bill Clinton nominated him to a seat on the United States Court of Appeals for the Second Circuit. The vacancy had been created by Judge Joseph M. McLaughlin. The Senate confirmed Straub's nomination on June 1, 1998, and he received his commission two days later, on June 3, 1998. He thereby joined one of the most influential federal appellate courts in the nation, with jurisdiction over New York, Connecticut, and Vermont.

Straub served as an active circuit judge for a decade. During this period, he participated in numerous panels hearing appeals on a wide range of federal legal questions, as is typical for circuit judges who handle matters spanning criminal law, civil litigation, constitutional questions, and administrative law. The Second Circuit, based in New York City, is known for handling a significant volume of complex commercial litigation, securities cases, and matters of national importance, and Straub contributed to this work throughout his active service.

On July 16, 2008, Straub assumed senior status, a form of semi-retirement available to federal judges who meet certain age and service requirements. Senior status judges continue to hear cases and contribute to the work of their courts, but typically carry a reduced caseload and do not participate in the administrative governance of the circuit. Straub remained in senior status until his death in 2024, representing more than a quarter-century of total service to the federal judiciary.

Jurisprudence and legacy

During his tenure on the Second Circuit, Straub participated in several cases that addressed significant constitutional and policy questions. His judicial approach in these matters demonstrated particular attention to questions of governmental authority and the scope of judicial review.

In early 2006, Straub was assigned to a three-judge panel that heard arguments in a case concerning the Partial-Birth Abortion Ban Act of 2003. The Second Circuit became one of three federal appellate courts to review district court decisions striking down the Act as unconstitutional. In this case, Straub was the sole dissenting voice among the nine circuit judges across the three circuits who considered the issue, voting to reverse the district court and uphold the Act. The case was subsequently consolidated with others and resolved by the Supreme Court.

Later in 2006, Straub authored an opinion for a unanimous panel in a case examining the constitutionality of warrantless, suspicionless searches of subway riders in New York City. The searches had been implemented as a counterterrorism measure. Writing for the panel, Straub concluded that these searches were justified under the special needs doctrine and therefore did not violate the Fourth Amendment's protections against unreasonable searches and seizures. This decision addressed the tension between security concerns in the post-September 11 environment and traditional Fourth Amendment protections.

In 2012, while serving in senior status, Straub participated in a case challenging Section 3 of the Defense of Marriage Act, which defined marriage for federal purposes as between one man and one woman. The panel majority, in an opinion written by Chief Judge Dennis Jacobs, held that this provision was unconstitutional. Straub dissented, becoming the only judge among six circuit judges who considered such challenges to find the law constitutional. In his dissent, he articulated reasons he believed Congress could have had for enacting the statute and expressed views about the appropriate role of courts in addressing contested social policy questions where political debate was ongoing. The Supreme Court subsequently reviewed the case and affirmed that Section 3 was unconstitutional.

Chester J. Straub died on July 13, 2024, in Bronxville, New York, at the age of 87. His career reflected a commitment to public service across multiple domains: military service, private legal practice, state legislative office, and more than two decades on the federal bench.