• Source: Bruce M. Selya

Bruce Marshall Selya (born May 27, 1934) is a senior United States circuit judge of the United States Court of Appeals for the First Circuit and former chief judge of the United States Foreign Intelligence Surveillance Court of Review who is known for his distinctive writing style.




Education and career


Born in Providence, Rhode Island to a Jewish family, he attended Nathan Bishop middle school and Classical High School in Providence.
Selya received an Artium Baccalaureus degree from Harvard University in 1955. He received a Bachelor of Laws from Harvard Law School in 1958. He was a law clerk for Judge Edward William Day the Chief Judge of the United States District Court for the District of Rhode Island from 1958 to 1960. He was in private practice of law in Providence from 1960 to 1982. He was a Judge of Probate in Lincoln, Rhode Island from 1965 to 1972.




Federal judicial service


Selya was nominated by President Ronald Reagan on July 27, 1982, to a seat on the United States District Court for the District of Rhode Island vacated by Judge Raymond James Pettine. He was confirmed by the United States Senate on August 18, 1982, and received commission the same day. His service was terminated on November 24, 1986, due to elevation to the court of appeals.
Selya was nominated by President Reagan on September 26, 1986, to the United States Court of Appeals for the First Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the Senate on October 8, 1986, and received commission on October 14, 1986.
In 1996, Selya hired future Supreme Court Justice Ketanji Brown Jackson to a year-long clerkship with the First Circuit Court of Appeals in Providence.
In 2000, Chief Justice William Rehnquist appointed Selya to the Judicial Panel on Multidistrict Litigation, a position Selya held until 2004. In 2005, Chief Justice John Roberts appointed Selya to the United States Foreign Intelligence Surveillance Court of Review, and in 2008 Selya was appointed by Supreme Court Chief Justice Roberts to the chief judgeship of the Court of Review. As the United States Foreign Intelligence Surveillance Court is not an adversarial court and (with few exceptions) only hears argument from the United States government, the Court of Review solely hears appeals from that court when the government is denied a warrant for wiretap surveillance of suspected terrorists or spies.
Judge Selya assumed senior status at the end of 2006. Then Senator Lincoln Chafee recommended that former Rhode Island Supreme Court Justice Robert Flanders be nominated to replace Selya. President George W. Bush interviewed Flanders, U.S. District Judge William E. Smith, and Rhode Island Supreme Court Justice Paul A. Suttell for the position, before selecting Judge Smith as the nominee. Rhode Island Senator Sheldon Whitehouse asserted that, due to the President's failure to work with Whitehouse and fellow Democratic senator Jack Reed in selecting a consensus candidate, the vacancy left by Selya's departure would not be filled during Bush's tenure. On October 6, 2009, President Barack Obama formally nominated O. Rogeriee Thompson to Selya's seat on the First Circuit. She was confirmed by the Senate in a 98–0 vote on March 17, 2010.
In 2022, Selya's career of 36 years was said to be the longest in the history of the first circuit.




Writing style


As a private practitioner, Selya was often lulled to sleep by the legalese and boilerplate rhetoric in judicial opinions, a matter he has sought to remedy since ascending to the bench: "I made a commitment to myself that I would attempt to prove that sound jurisprudence and interesting prose are not mutually exclusive." Selya disclaims "lexiphanicism for its own sake." For Selya, precision is a precondition for his use of a word, and "[i]f it does not fit, I won't submit."
Selya's writing style is not without its critics. Boston attorney Harvey A. Silverglate has written that his opinions are "well known" for their "remarkably judgmental but politically naive language," and that "[i]t is not unusual to see Selya gratuitously criticize, in sarcastic and sometimes grandiloquent fashion, a party or witness. He has earned a reputation for tossing around both his power and trademark one-hundred-dollar words."
Some examples can be found in a 2008 National Law Journal article.




Notable opinions


One of Selya's recent opinions, Ungar v. PLO, has been singled out by The Green Bag as a notable example of good judicial writing. A representative sampling of recent opinions includes Aguilar v. ICE, 510 F.3d 1 (1st Cir. 2007) (immigration law and federal jurisdiction); Havlik v. Johnson & Wales University, 509 F.3d 25 (1st Cir. 2007) (education law); Alexander v. Brigham & Women's Physicians Org., 513 F.3d 37 (1st Cir. 2008) (employee benefits); United States v. Martin, 520 F.3d 87 (1st Cir. 2008) (federal sentencing guidelines); Connectu LLC v. Zuckerberg, 522 F.3d 82 (1st Cir. 2008) (civil procedure); Rio Mar Assocs., LP, SE v. UHS of Puerto Rico, Inc., 522 F.3d 159 (1st Cir. 2008) (tort law); Morales v. Sociedad Española de Auxilio Mutuo y Beneficencia, 524 F.3d 54 (1st Cir. 2008) (administrative and medical law); and Doe v. MIT, 46 F.4th 61 (1st Cir. 2022) (test for pseudonymity in civil cases).




See also


List of Jewish American jurists




References






Sources


Bruce Marshall Selya at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.

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• Libertarian Party of New Hampshire
• List of current United States circuit judges
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