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Morgan Christen
Morgan Christen
Morgan Christen
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Morgan Brenda Christen (born December 5, 1961) is an American lawyer and jurist who serves as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit. She previously served as a state court judge on the Alaska Supreme Court from 2009 to 2012 and on the Alaska Superior Court from 2002 to 2009.[2]

Key Information

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Christen was born in 1961 in Chehalis, Washington.[3] She graduated from the University of Washington in 1983 with a Bachelor of Arts degree in international studies. She then attended the Golden Gate University School of Law, graduating with a Juris Doctor in 1986.[1] She is married to James Torgerson and has one child.[4]

After graduating from law school, Christen was a law clerk to Alaska Superior Court judge Brian Shortell from 1986 to 1987. From 1987 to 2002, she was in private practice at the law firm Preston Gates & Ellis, becoming a partner in 1993.[1]

Judicial career

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Alaska state judicial service

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Christen was a judge on the Alaska Superior Court from 2002 to 2009. In 2009, she was one of two candidates recommended by the seven-member Alaska Judicial Council to replace Justice Warren Matthews on the Alaska Supreme Court.[5] Christen was opposed by anti-abortion advocacy groups due to her service as a Planned Parenthood board member in the mid-1990s.[2][5] Nonetheless, on March 4, 2009, Governor Sarah Palin selected Christen to fill the vacancy on the Alaska Supreme Court.[5]

Federal judicial service

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On May 18, 2011, President Barack Obama nominated Christen to the seat on the Ninth Circuit vacated by Andrew Kleinfeld, who assumed senior status on June 12, 2010.[6] On September 8, 2011, the Senate Judiciary Committee reported her nomination out of committee by a voice vote. The Senate confirmed Christen by a 95–3 vote on December 15, 2011.[7] She received her commission on January 11, 2012[8] and maintains her chambers in Anchorage.[9]

See also

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References

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Morgan Christen

View on Grokipedia
from Grokipedia
Morgan Brenda Christen is an American jurist serving as a United States circuit judge on the Court of Appeals for the Ninth Circuit, with chambers in Anchorage, Alaska. Nominated by President Barack Obama on May 18, 2011, to fill the vacancy left by Andrew J. Kleinfeld, she was confirmed by the Senate on December 17, 2011, and received her commission on January 11, 2012. Prior to her federal appointment, Christen served as a justice on the Alaska Supreme Court from 2009 to 2011 and as a judge on the Alaska Superior Court from 2002 to 2009, including as presiding judge of the Third Judicial District from 2005 to 2009. Before ascending to the bench, she practiced law in Anchorage, Alaska, from 1987 to 2002, handling cases in both federal and state courts. Christen, the first woman from Alaska to serve on the Ninth Circuit, earned her B.A. from the University of Washington and her J.D. from the University of Puget Sound School of Law; she was born and raised in Washington state before relocating to Alaska for her legal career.

Background

Early life and education

Morgan Christen was born in 1961 in Chehalis, Washington, and raised in the state. She commenced her undergraduate education at Richmond College in London in 1979 and pursued studies abroad in Leningrad, Russia, and Beijing, China. Christen earned a Bachelor of Arts degree from the Jackson School of International Studies at the University of Washington in 1983. She obtained her from School of Law in 1986.

Clerkship and private practice

Following her graduation from Golden Gate University School of Law in 1986, Christen served as a to Alaska Judge Brian Shortell from 1986 to 1987. Christen then entered private practice in Anchorage, Alaska, joining the firm Preston Gates & Ellis (later K&L Gates after mergers), where she focused on civil litigation in both state and federal courts from 1987 to 2002. During this period, she handled a diverse caseload including commercial disputes, employment matters, and tort claims, representing clients in appellate proceedings as well.

State judicial service

Alaska Superior Court

Morgan Christen was appointed to the Alaska Superior Court, the state's trial court of general jurisdiction, in 2001 by Democratic Governor Tony Knowles from a list of nominees recommended by the Alaska Judicial Council. Her appointment followed a merit selection process involving screening by the nonpartisan Judicial Council, which evaluates candidates based on qualifications, integrity, and judicial temperament. She served in the Third Judicial District, based in Anchorage, handling a broad docket including criminal trials, civil cases exceeding $100,000, family law matters, and proceedings. From 2005 to 2009, Christen served as presiding of the Third Judicial District, overseeing operations for the district that encompasses Anchorage and processes approximately 70 percent of Alaska's caseload. In this administrative capacity, she managed court resources, assigned cases among s, implemented efficiency measures, and coordinated with state agencies on judicial administration amid growing caseloads driven by in the urban Anchorage area. Her tenure as presiding emphasized procedural fairness and access to , including initiatives to reduce backlogs in high-volume areas like criminal and domestic relations cases. Christen was subject to Alaska's merit retention system, facing voter review every six years for judges; she was retained in the 2004 and 2008 general elections without opposition, reflecting judicial performance evaluations by the Judicial Council that rated her highly for and legal knowledge. During her service, she presided over trials involving complex issues such as resource extraction disputes, claims, and public safety prosecutions, though specific case outcomes remain largely unreported outside trial records due to the court's non-appellate nature. She left the in 2009 upon elevation to the .

Alaska Supreme Court

Morgan Christen was appointed to the by Governor on March 4, 2009, to fill the vacancy created by the retirement of Warren Matthews. The appointment elevated her from the , where she had served since 2002, making her the second woman to join the state's highest court since 's statehood in 1959. As a justice, Christen participated in reviewing direct civil appeals from the superior courts and exercising discretionary review over criminal appeals, contributing to the court's role in interpreting 's constitution and statutes. Her tenure on the lasted from 2009 to 2011, during which she handled a range of cases involving state law, including civil disputes and constitutional matters. Christen was retained through Alaska's merit-based judicial retention system, facing no significant challenges to her position during this period. In May 2011, President nominated her to the Court of Appeals for the Ninth Circuit, prompting her departure from the following Senate in December 2011.

Federal judicial service

Nomination and confirmation

President Barack Obama nominated Morgan Christen, then an Associate Justice of the Alaska Supreme Court, to serve as a United States Circuit Judge for the Ninth Circuit on May 18, 2011, to fill the vacancy left by Judge Andrew J. Kleinfeld assuming senior status. The nomination was sent to the Senate that day as Presidential Nomination PN555 in the 112th Congress. The Senate Judiciary Committee held confirmation hearings on July 13, 2011, during which Christen testified and received bipartisan support, including endorsements from Alaska's U.S. Senators (R) and (D). The committee advanced her nomination following the hearing. Despite the initial progress, Christen's confirmation faced a delay of 202 days amid broader partisan tensions over judicial nominations in the Republican-controlled and divided . The full confirmed her on December 15, 2011, by a vote of 95-3, with opposition from Senators (R-SC), (R-UT), and (R-KY).

Tenure and caseload

Morgan Christen received her commission as a Circuit Judge for the Ninth Circuit on January 11, 2012, following unanimous reporting from the Senate Judiciary Committee and confirmation by the full Senate on December 15, 2011, in a 95-3 vote. Her tenure, which began upon assuming the seat vacated by Andrew J. Kleinfeld, has extended over 13 years as of 2025, making her one of three active Ninth Circuit judges with chambers in —the only state fully within the circuit's jurisdiction but geographically distant from its primary hubs in . The Ninth Circuit, encompassing federal district courts in , , , , , , , , Washington, , and the , maintains the largest caseload of any U.S. court of appeals, with over 12,000 appeals filed annually in recent years, including heavy volumes in , criminal, civil rights, and environmental disputes. Christen's caseload, handled in three-judge panels or occasionally proceedings, reflects this breadth, with a focus on appeals from Alaska's districts that often involve indigenous land claims, resource extraction, and federal-tribal relations, alongside routine circuit-wide matters such as petitions and administrative reviews. Individual judge-level caseload statistics are not routinely published by the Administrative Office of the U.S. Courts, but Ninth Circuit judges typically participate in 100-150 cases per year, authoring or concurring in a subset of published opinions. Christen's service includes administrative roles, such as membership on the Ninth Circuit's Executive Committee, which oversees caseload distribution and court operations amid ongoing debates over the circuit's size and backlog—issues that have prompted repeated calls for splitting the court since the . Her remote location necessitates frequent travel to for oral arguments and meetings, a logistical challenge noted in circuit reports, yet she has maintained full participation without reported delays in case resolution.

Judicial record and philosophy

Notable state decisions

In State v. Olson, 249 P.3d 324 ( 2011), Justice Christen authored the holding that exigent circumstances permitted a warrantless entry into a residence during a welfare check. Police responded to reports of yelling, banging, and pleas for help from neighbors, observing broken glass and signs of violence upon arrival; Christen reasoned that the officers' actions were justified by an objectively reasonable belief in an immediate threat to occupants' safety, distinguishing the case from routine checks requiring warrants. In West v. State, Board of Game, 256 P.3d 526 ( 2010), Christen wrote the opinion affirming for the Board of Game against conservation groups challenging regulations on caribou hunting units. The court found plaintiffs failed to demonstrate standing or genuine disputes of material fact regarding the Board's compliance with statutory subsistence preferences, emphasizing to agency expertise in resource management absent clear legal error. Christen also authored Alaskans for a Common Sense Government, Inc. v. Municipality of Anchorage, 248 P.3d 483 ( 2011), vacating a Civil Rule 82 attorney fee award against a initiative group after it succeeded on appeal. She held that the superior court's initial denial of fees did not preclude reconsideration but required alignment with prevailing party status post-remand, underscoring procedural fairness in fee-shifting under 's rules. Her brief tenure limited the volume of authored opinions, but these reflect a pragmatic approach balancing individual rights, administrative deference, and procedural equity; Christen recused herself from politically sensitive cases, such as challenges to abortion-related initiatives, citing prior affiliations with to avoid conflicts.

Key federal opinions

In Gonzales & Gonzales Bonds & Insurance Agency, Inc. v. Department of (July 18, 2024), Judge Christen dissented from the panel's reversal of a district court , which held that the Federal Vacancies Reform Act (FVRA) did not preclude Secretary from ratifying a prior acting secretary's immigration bond regulation. She argued that the FVRA's text, structure, and purpose clearly barred such , as the Act's provisions prohibit acting officials from performing non-delegable functions like issuing regulations and limit to prevent circumvention of confirmation requirements. Christen contended that the majority's interpretation effectively rendered the FVRA's bar inoperative, undermining Congress's intent to ensure accountability for significant agency actions. In Doe I v. Cisco Systems, Inc. (July 7, 2023), Christen filed a partial and partial in a case alleging corporate of and under the (ATS) and Trafficking Victims Protection Act (TVPA) related to Cisco's equipment to Chinese authorities targeting practitioners. She joined the majority in affirming dismissal of the TVPA claims for lack of aiding-and-abetting liability but dissented from reaching broader ATS grounds, advocating affirmance on the narrower basis that U.S. decisions occurred domestically and did not proximately cause overseas harms. This approach emphasized factual causation over expansive extraterritorial liability theories. Christen authored the majority opinion for an en banc panel in United States v. Valenzuela (July 9, 2019), holding that a district court's resentencing analysis—considering a defendant's post-conviction rehabilitation without adequately weighing statutory sentencing factors—violated constitutional requirements under the Sixth Amendment and Apprendi v. New Jersey. The court vacated the sentence and remanded, stressing that judicial fact-finding at resentencing must align with jury-determined elements for enhancements exceeding the statutory maximum. This decision reinforced limits on judicial discretion in federal sentencing post-Booker. In Stewart v. Aranas (May 4, 2022), Christen concurred in the judgment affirming for prison officials in an Eighth Amendment deliberate indifference claim over a detainee's untreated broken arm, but only because defendants had not cross-appealed the district court's ruling on the first prong of the deliberate indifference test. She criticized the majority for unnecessarily opining on the second prong (medical need severity) absent a cross-appeal, arguing it exceeded the scope of review and risked advisory opinions. This concurrence highlighted procedural constraints on appellate in civil litigation.

Approach to constitutional interpretation

Christen has described her approach to constitutional interpretation as beginning with the plain language of the , which she regards as fixed and enduring rather than subject to alteration by judges. During her 2011 Senate confirmation hearing for the Ninth Circuit, she testified that judges must interpret and apply the law, including the , as written, without substituting personal policy preferences or rewriting its terms. This textual emphasis aligns with principles of fidelity to the document's original wording, as she stated it is not within a judge's power to change those words. She further emphasized judicial restraint, approaching cases with an open mind and adhering to binding while deciding only the specific controversy presented, avoiding broader overreach. In practice, this manifested in her decision in Brown v. Eldorado Corp. (2006), where she upheld a state tort reform statute capping non-economic damages, determining its constitutionality under the based on legislative authority rather than her own views on optimal policy outcomes. Christen has consistently affirmed that judicial decisions must follow the , setting aside personal beliefs to ensure impartiality. Critics, including conservative commentators, have questioned the consistency of this restraint in her federal opinions, such as in Doe v. (2024), where her majority ruling was characterized as expanding judicial intervention in educational policy under equal protection claims, potentially diverging from strict textual limits. However, her stated methodology prioritizes the Constitution's text and over evolving societal interpretations, reflecting a commitment to judicial humility in constitutional .

Reception and controversies

Achievements and praise

Christen earned American Jurisprudence Awards in and during her studies at School of Law in 1986. As a state judge, she received the Alaska Supreme Court's Community Outreach Award in 2008 for her efforts to enhance public understanding of the judiciary and support services. She was also honored as Philanthropist of the Year in 2004, recipient of the Light of Hope Award, and awarded the Athena Award by the Anchorage Chamber of Commerce for leadership and community contributions. In 2009, the of Anchorage named her a Woman of Achievement. Her appointment to the in 2009 by Republican Governor reflected bipartisan recognition of her judicial qualifications. President nominated her to the U.S. Court of Appeals for the Ninth Circuit in May 2011, describing her as an "outstanding candidate" who would serve with "integrity and distinction." The rated her unanimously "Well Qualified" for the federal position. Senate confirmation followed on December 15, 2011, by a 95-3 vote, marking her as the first woman from to serve on the Ninth Circuit. Republican Senator endorsed her nomination, citing Christen's "track record of impartial, intelligent and fair judgments." During her tenure on the , she authored approximately 40 opinions, demonstrating substantial scholarly output in state . Colleagues have described her as possessing a "keen legal mind" and an "outstanding record of ."

Criticisms and ideological critiques

Criticisms of Judge Christen have primarily emanated from conservative commentators and organizations, who have characterized certain of her opinions as exemplifying liberal . During her 2009 nomination to the by Governor , Jim Minnery, president of Protect Alaska's Constitution (an affiliate of ), publicly attacked her qualifications, alleging insufficient experience and ideological unsuitability, though defenders countered that she excelled in judicial evaluations and bar surveys. In the high-profile case of (2015–2022), Christen joined panels and voted to deny en banc rehearing, upholding the district court's against high school coach Joseph Kennedy's post-game prayers on the field, which the Ninth Circuit deemed disruptive to school endorsement of religion under the Establishment Clause; the unanimously reversed in 2022, ruling 6–3 that the prayers constituted protected private speech under the Free Exercise and Free Speech Clauses, prompting broader critiques of the Ninth Circuit's hostility toward religious expression. Christen's authorship of the en banc majority opinion in Project Veritas v. Schmidt (2025), affirming Oregon's ban on non-consensual recordings of conversations, drew fire from free-speech advocates; she emphasized risks of manipulated or selectively edited videos proliferating online, but critics, including , argued the ruling curtailed and First Amendment protections, with the denying in October 2025. Conservative legal analyst Ed Whelan faulted Christen's majority opinion in a policy case for allegedly misstating that a school bathroom ban "turns entirely on a student's or status," claiming it ignored and rationales independent of identity. National Review's "This Day in Liberal " series has spotlighted her rulings, such as deeming a municipal ordinance's exemptions for body-worn camera footage sufficiently clear under public-records laws, as overreaching . Ideologically, analyses of her state-court contributions, including patterns, peg Christen as having a liberal leaning (score of -0.18 on a scale where negative denotes left-of-center), more so than the Alaskan judicial average, though her federal tenure lacks comprehensive ideological scoring and features occasional dissents aligning with stricter administrative oversight, as in challenging dilutions of the Federal Vacancies Reform Act.

References

  1. https://www.fjc.gov/history/judges/christen-morgan
  2. https://www.ca9.uscourts.gov/judicial-council/judges-seniority-list/
  3. https://obamawhitehouse.archives.gov/the-press-office/2011/05/18/president-obama-nominates-justice-morgan-christen-united-states-court-ap
  4. https://afj.org/nominee/morgan-christen/
  5. https://www.dailyjournal.com/judicial_profile/8320
  6. https://ballotpedia.org/Morgan_Christen
  7. https://www.iadclaw.org/assets/1/7/marketing_announcement_-_Judicial_Perspective-11_9_16.pdf
  8. https://www.latimes.com/local/la-xpm-2011-may-19-la-me-0519-ninth-circuit-nominee-20110519-story.html
  9. https://www.law.berkeley.edu/article/federal-judges-visit-enlightens-students-on-clerkships-mentoring/
  10. https://www.americanbar.org/groups/judicial/resources/judges-journal/2024-summer/we-can-do-better/
  11. https://www.id.uscourts.gov/content_fetcher/print_pdf.cfml?Content_ID=2749
  12. https://www.adn.com/commentary/article/palin-christen-and-political-fallout/2009/03/09/
  13. https://obamawhitehouse.archives.gov/the-press-office/2011/05/18/nominations-sent-senate
  14. https://www.congress.gov/nomination/112th-congress/555
  15. https://www.murkowski.senate.gov/press/videos/watch/justice-morgan-christen-testimony-during-judicial-nomination-hearing
  16. https://ballotpedia.org/Justices_Christen_and_Gleason_nominated_for_federal_judgeship
  17. https://www.seattletimes.com/nation-world/after-202-day-delay-senate-confirms-judge-for-appeals-court-seat/
  18. https://www.adn.com/alaska-news/article/senate-confirms-alaska-justice-us-appeals-court/2011/12/15/
  19. https://www.findlaw.com/legalblogs/ninth-circuit/senate-confirms-morgan-christen-for-ninth-circuit-in-95-3-vote/
  20. http://www.ktoo.org/2011/12/15/christen-confirmed-to-9th-circuit-court-of-appeals/
  21. https://alaskapublic.org/news/2011-12-16/senate-confirms-judge-morgan-christen
  22. https://cdn.ca9.uscourts.gov/datastore/uploads/ce9/471-Ninth_Circuit_Christen_Investiture.pdf
  23. https://cdn.ca9.uscourts.gov/datastore/judicial-council/publications/AnnualReport2022.pdf
  24. https://cdn.ca9.uscourts.gov/datastore/judicial-council/publications/AnnualReport2020.pdf
  25. https://hls.harvard.edu/events/meet-the-judge-judge-morgan-christen-u-s-court-of-appeals-for-the-ninth-circuit/
  26. https://courts.alaska.gov/media/outreach/ops/sp-6552.pdf
  27. https://law.justia.com/cases/alaska/supreme-court/2010/s-13184-1.html
  28. https://courts.alaska.gov/media/outreach/ops/sp-6569.pdf
  29. https://ballotpedia.org/Justice_Christen_recuses_herself_from_abortion_initiative_case
  30. https://iptp-production.s3.amazonaws.com/media/documents/2024.07.18_Gonzales__Gonzales_Bonds__Ins._Agency_Inc._v._U.S._Dept_of_Homeland_Sec.pdf
  31. https://www.yalejreg.com/nc/ninth-circuit-review-reviewed-fvra-eviscerated-albeit-less-so-than-in-other-circuits/
  32. https://cdn.ca9.uscourts.gov/datastore/opinions/2023/07/07/15-16909.pdf
  33. https://cdn.ca9.uscourts.gov/datastore/opinions/2019/07/09/16-10150.pdf
  34. https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/04/20-15586.pdf
  35. https://www.govinfo.gov/content/pkg/CHRG-112shrg76350/html/CHRG-112shrg76350.htm
  36. https://www.nationalreview.com/bench-memos/this-day-in-liberal-judicial-activism-september-9-8/
  37. https://www.congress.gov/112/chrg/shrg76350/CHRG-112shrg76350.pdf
  38. https://www.latimes.com/archives/la-xpm-2011-dec-16-la-me-1216-judge-christen-20111216-story.html
  39. https://www.adn.com/commentary/article/minnery-wrong-attack-judge-christen/2009/03/05/
  40. https://cdn.ca9.uscourts.gov/datastore/opinions/2018/01/25/16-35801.pdf
  41. https://cdn.ca9.uscourts.gov/datastore/opinions/2025/01/07/22-35271.pdf
  42. https://www.reuters.com/legal/government/us-supreme-court-rebuffs-project-veritas-challenge-oregon-ban-secret-recordings-2025-10-06/
  43. https://x.com/EdWhelanEPPC/status/1965397025157157303
  44. https://www.nationalreview.com/bench-memos/this-day-in-liberal-judicial-activism-december-4/
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