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Stalwart  liberal judge of 9th Circuit

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Updated: November 25, 2012 11:51AM

SEATTLE — Judge Betty Binns Fletcher, considered a liberal stalwart of the 9th U.S. Circuit Court of Appeals for decades, has died at age 89, a spokesman for the court said Tuesday.

Ms. Fletcher died Monday night. The cause was not immediately known, 9th Circuit spokesman David Madden said.

Appointed to the bench by President Jimmy Carter in 1979, she was known for rulings upholding affirmative action, allowing claims of workplace discrimination to proceed, overturning death penalty cases and protecting the environment. She was one of the first female partners at a major law firm in the country, and the second woman appointed to the 9th Circuit.

“She had experienced discrimination herself in her life, and her perspective included looking out for the downtrodden, the little person — but always within the framework of the law,” Seattle U.S. District Judge Robert Lasnik said.

Ms. Fletcher kept hearing cases until the end, he added, and she remained sharp even as her body failed her.

Many of Ms. Fletcher’s favorite opinions were overturned by an increasingly conservative U.S. Supreme Court, her son, 9th Circuit Judge William A. Fletcher, wrote in a 2010 tribute. He called it her “distinguished record of reversals.”

“Mom has tried not only to do justice in the case before her, but also to shape the law to do justice in the cases that will come after,” he wrote.

She was also known for getting back at Republicans in the U.S. Senate who held up her son’s appointment to the 9th Circuit in the 1990s.

In 1996, Republican Utah Sen. Orrin Hatch insisted that because of an obscure, 19th century anti-nepotism law, Betty Fletcher needed to take senior, or semi-retired, status before her son could join the court. That would free up Ms. Fletcher’s seat to be filled with an appointee acceptable to then Republican U.S. Sen. Slade Gorton of Washington.

Ms. Fletcher agreed — but instead of slowing down as a semi-retired judge, she maintained a full caseload.

“Throughout her life people underestimated her,” said Seattle U.S. Attorney Jenny Durkan. “The thought that taking senior status would mute her voice or her ideas was a huge miscalculation.”


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