Daniel Anthony Manion

American judge (1942–2024)

Daniel Anthony Manion (February 1, 1942 – August 31, 2024) was an American lawyer, politician, and jurist who served as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit .

He also served in the Indiana Senate from 1978 to 1982.

Early life and education

[(https://en.wikipedia.org/w/index.php?title=Daniel_Anthony_Manion&action=edit&section=1 "Edit section: Early life and education")
]

The elder son of Clarence and Virginia Manion, Daniel Manion received his Bachelor of Arts degree from the University of Notre Dame in 1964. 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 ("Gina") O'Brien Manion, was a well-known owner and trainer of Arabian horses.

At Notre Dame, Manion was a three-time champion in the Bengal Bouts , a boxing tournament begun by legendary football coach Knute Rockne . Following graduation, Manion served in the United States Army during the Vietnam War , when he was deployed.

Career

[(https://en.wikipedia.org/w/index.php?title=Daniel_Anthony_Manion&action=edit&section=2 "Edit section: Career")
]

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 Juris Doctor in 1973. After a brief stint in the state attorney general's office as a clerk and then a deputy state attorney general, Manion entered the private practice of law, where he remained until his confirmation as a federal judge. He also served as an Indiana state senator from 1978 to 1982.

Federal judicial service

[(https://en.wikipedia.org/w/index.php?title=Daniel_Anthony_Manion&action=edit&section=3 "Edit section: Federal judicial service")
]

On February 21, 1986, President Ronald Reagan nominated Manion to the United States Court of Appeals for the Seventh Circuit , to a seat vacated by Judge 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."

The ABA rated Manion "qualified/unqualified." Criticism of him as a nominee came for spelling and grammatical errors in legal briefs submitted to the Senate Judiciary Committee and for his support for the John Birch Society . He became the first of President Reagan's judicial nominees to fail to win support from the Judiciary Committee. The nomination was controversial; Manion was confirmed 48–46 on June 26, 1986, and reaffirmed 50–49 on July 23, 1986, with Vice President George Bush casting a tie-breaking vote .

Manion received his commission on July 24, 1986. He assumed senior status on December 18, 2007. His service was terminated on August 31, 2024, due to his death.

Notable decisions

[(https://en.wikipedia.org/w/index.php?title=Daniel_Anthony_Manion&action=edit&section=4 "Edit section: Notable decisions")
]

• Ernst v. City of Chicago, 837 F.3d 788 (7th Cir. 2016). (ruling in favor of female paramedics who brought Title VII gender-discrimination lawsuit against the City of Chicago)
• 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 Community School 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 Wisconsin 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)
• _Planned Parenthood of Indiana

…