Harry Pregerson

Judicial philosophy

Pregerson's judicial philosophy is frequently characterized as liberal. The conservative commentator Hugh Hewitt criticized him for "judicial activism" and "rules with his heart instead of his head."

Involvement in California recall election

Pregerson was part of a unanimous three-judge panel that ordered the postponement of the 2003 California recall election based on the equal protection clause of the Fourteenth Amendment because in the recall, six counties would use the antiquated punched cards voting system. The decision, however, was subsequently overturned by the en banc court of Ninth Circuit. Eventually, the recall was successful in removing Gray Davis from governorship, and Arnold Schwarzenegger became the new governor of California.

Federalism

Pregerson is a supporter of federalism and favors restraints on the power of federal government. He wrote the majority decision in the Ninth Circuit panel on Gonzales v. Raich, holding that the Interstate Commerce Clause forbade the federal government from interfering with state laws that permitted the use of medical marijuana. The ruling was later overturned by the Supreme Court, however, which held that it is within Congressional power to regulate intrastate activities that are seen to influence interstate commerce, including using homegrown marijuana for medical purposes.

Pregerson's first ruling on Raich was based on federalism rather than his opinion on the merit of medical marijuana. In 2007, after Raich was decided by the Supreme Court, Angel Raich sued Alberto Gonzales again for substantive due process violation because the Controlled Substance Law deprived her fundamental right to life. Pregerson ruled against Raich this time, arguing it is still untimely to call using medical marijuana a "fundamental right" that is "implicit within the concept of ordered liberty" as only a minority of states legalized medical marijuana.

In the case United States v. Reynard, the circuit court upheld the DNA Analysis Backlog Elimination Act of 2000. Pregerson wrote a dissent, arguing that the act was an unconstitutional exercise of federal power.

Civil procedure

In 2007, Pregerson authored the panel majority decision that affirmed the class action certification in Dukes v. Wal-Mart Stores, Inc., a case involving female employees suing Wal-Mart Corporation for gender discrimination. He wrote that although the class action suit had a massive class, "mere size does not render the case unmanageable." The decision did not address the employees' claim but only affirmed its class action status. Wal-Mart stated that it would seek an appeal. The decision was then reheard by an en banc panel of the Ninth Circuit, which also narrowly upheld class certification, but certification was ultimately reversed by the Supreme Court.

Honors

In 2002 the California Legislature named the interchange between Interstate 110 (California) and Interstate 105 (California) the "Judge Harry Pregerson Interchange" in honor of Pregerson, the longest-serving judge in the history of the Ninth Circuit. When district judge, he supervised the settlement of the federal lawsuit against the Century Freeway, enabling the construction of the interchange. Judge Pregerson's name is now on signs at the interchange. In 1992 the UCLA Alumni Association awarded Pregerson "Community Service Award" for his efforts helping homeless families to house in Salvation Army shelters.

As a World War II veteran, Pregerson is an advocate for veterans' interests, and has worked on behalf of homeless veterans. In 2001 the Department of Veterans Affairs honored him and the then-Acting Secretary Hershel Gober presented Pregerson with a token of appreciation with the VA seal.

Personal life

Pregerson's son, Dean Pregerson, is a federal district judge for the Central District of California.