Daniel Anthony Manion

Daniel Anthony Manion (born February 1, 1942) is a senior jurist on the United States Court of Appeals for the Seventh Circuit^[1] whose chambers are located in South Bend, Indiana.^[2]

Education and early career

Daniel Manion received his B.A. from the University of Notre Dame in 1964.^[1] His father, Clarence Manion (1896-1979), was dean of Notre Dame Law School and president of the Manion Forum, a conservative radio and television program. His mother, Virginia O'Brien Manion, was a well-known owner and trainer of Arabian horses.^[3]

At Notre Dame, Daniel Manion was a participant in the Bengal Bouts, a boxing tournament.^[4] Following graduation, Manion served in the Army in the Vietnam War. He was appointed the Director of Industrial Development for the Indiana Department of Commerce in 1968. While serving in this position, Manion attended night school at Indiana University Robert H. McKinney School of Law, receiving his J.D. in 1973. After a brief stint in the state attorney general's office, Manion entered the private practice of law, where he remained until his confirmation.^[1] He served as an Indiana state senator from 1978–82.^[1]

Nomination and judicial career

On February 21, 1986, President Ronald Reagan nominated Manion for the bench, to a seat vacated by Wilbur Frank Pell, Jr.. In a radio address to the nation, President Reagan stated, "I know [Daniel Manion] to be a person who has the ability and determination to become the kind of judge the American people want in the Federal courts; one who believes in the rule of law, who reveres the Constitution, and whose sense of fairness and justice is above reproach."^[5]

The ABA rated Manion "qualified/unqualified".^[6] The nomination was controversial,^[3] but Manion was confirmed on June 26, 1986,^[1][3] and received his commission on July 24, 1986.^[1] Manion assumed senior status on December 18, 2007,^[1] but continues to hear cases regularly.

Notable decisions

• Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015). (Manion, J., dissenting)

(applying strict scrutiny to local ordinance prohibiting possession of semi-automatic rifles)

• Norton v. City of Springfield, 768 F.3d 713, 718 (7th Cir. 2014). (Manion, J., dissenting)

(concluding that anti-panhandling ordinance prohibiting “immediate requests for monetary donations” was content-based and subject to strict scrutiny)

• Hayden v. Greensburg Comm. Sch. Corp., 743 F.3d 569, 583 (7th Cir.). (Manion, J., concurring in part and dissenting in part)

(concluding that Indiana high school boys basketball coach’s short haircut policy did not violate the Equal Protection Clause)

• Planned Parenthood of Wisc. v. Van Hollen, 738 F.3d 786, 799 (7th Cir. 2013). (Manion, J., concurring in part and in the judgment)

(concluding that the rational basis standard of review applied in challenge to Wisconsin law requiring that abortion doctors possess admitting privileges at hospitals within 30 miles from where they perform abortions)

• Vance v. Rumsfeld, 653 F.3d 591, 627 (7th Cir. 2011). (Manion, J., concurring in part and dissenting in part)

(Disagreeing that Bivens remedy was available for alleged torture of detainees by American military personnel in war zone in the absence of Congressional authorization and expressing "serious reservations" about the majority’s holding that Secretary Rumsfeld may be held personally liable for the alleged actions of his subordinates under the plaintiffs' allegation)

• Sherman ex. rel. Sherman v. Koch, 623 F.3d 501 (7th Cir. 2010).

(Upholding Illinois "moment of silence" law)

• Books & Suetkamp v. City of Elkhart, 235 F.3d 292, 311 (7th Cir. 2000). (Manion, J., concurring in part and dissenting in part)

(Disagreeing that application of Lemon test compelled removal of Ten Commandments from near City Hall)

Notable former law clerks

• Steve Dillard, Judge, Court of Appeals of Georgia
• Len Munsil, former candidate for governor of Arizona

Family

Manion is married to Ann Murphy Manion, a member of the second class of women to gain entrance to the University of Notre Dame, graduating magna cum laude in 1977. The couple has four children.

Manion's younger brother, Christopher Manion (born c. 1946), was a Republican member of the Foreign Relations Committee staff, who had been chosen by Senator Helms (R-NC).^[7] Before this he served as assistant to the director of Rockford College in Illinois. In the 1990s, Christopher Manion was director of legislation at the American Council for Health Care Reform, which opposed President Clinton's health reform plans.^[8]

References

External links

• Appearances on C-SPAN