John Lewis Smith Jr.

U.S. District Court for the District of Columbia district Deceased · served 1966–1983 Appointed by Lyndon B. Johnson (Democratic) 20 signed orders read

Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Smith decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He accepted a prophylactic employment-suitability rule when it rationally advanced the government’s stated objective.

“Congress may enact prophylactic measures such as § 1-316, to achieve an otherwise legitimate goal, without violating the due process clause.”

He evaluated qualified immunity against the objective legal landscape at the time of the challenged surveillance.

“The objective record in this case reflects a rational national security concern.”

Cautions

He refused to let the government introduce an information-disclosure exemption after deliberately omitting it in the initial proceedings.

“The exception should not apply when the exemption was available but the government, as the result of a deliberate, tactical decision, simply chose not to assert it.”

He applied laches where the patent owner had prolonged notice of possible infringement but failed to investigate or sue.

“plaintiff’s lack of curiosity with regard to the use of his patent is remarkable.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Smith v. Nixon
· 1984-03-16
Judgment on the pleadings (defendants) Granted in part

“ORDERED that defendants’ motion is granted in all other respects.”

Monongahela Power Co. v. Marsh
· 1988-09-08
Motion for reconsideration (defendants) Denied

“For the reasons set forth in the following discussion, the Court has concluded that the motion for reconsideration must be denied.”

Walker v. Jones
· 1988-05-19
Motion to strike jury demand (defendants) Denied

“In view of the foregoing, the Court concludes that the defendants’ ‘Motion to Strike Jury Demand’ must be denied.”

Barnett v. Webster
· 1983-03-31
Preliminary injunction (plaintiffs) Denied

“plaintiffs’ motion for preliminary injunction is denied.”

Summary judgment (defendants) Granted

“Accordingly, defendants’ .motion for summary judgment is granted, and the amended complaint is dismissed.”

Falkowski v. Equal Employment Opportunity Commission
· 1988-08-02
Stipulated dismissal (all parties) Moot / procedural

“ORDERED, that this action be and hereby is dismissed with prejudice.”

McGarvey v. District of Columbia
· 1979-03-30
Summary judgment (plaintiff) Denied

“Accordingly, plaintiff’s motion for summary judgment is denied and defendants’ motion for summary judgment is granted.”

Summary judgment (defendants) Granted
Founding Church of Scientology of Washington, D. C., Inc. v. National Security Agency
· 1980-05-19
Summary judgment (defendant National Security Agency) Granted

“For the reasons set forth above, and it appearing to the Court that there are no genuine issues as to material facts in this *953case, defendant’s motion for summary judgment is granted.”

Lykins v. Rose
· 1984-09-28
Summary judgment (plaintiff) Granted

“Accordingly, plaintiff’s motion for summary judgment is granted, and defendant’s motion for summary judgment is denied.”

Summary judgment (defendant) Denied
United States v. Kim
· 1979-06-15
Motion to dismiss indictment (defendant) Granted

“For the reason that Kim was entitled to assert his constitutional privilege in refusing to answer the specific question posed by the committee, the indictment is dismissed.”

Clark v. Snow
· 1979-05-02
Motions to dismiss (defendants) Granted

“ORDERED that defendants’ motion to dismiss is granted and the action is dismissed.”

Baker v. United States
· 1975-02-26
Summary judgment (plaintiffs) Denied

“Ordered that plaintiffs’ Motion for Summary Judgment be, and the same hereby is, denied;”

Motions to dismiss (defendants) Granted

“Ordered that defendants’ Motion to Dismiss be, and the same hereby is, granted without prejudice.”

Smith v. Nixon
· 1987-07-31

He ordered expungement of private wiretap logs after finding that the harm from continued retention outweighed the government’s interest.

A historical record

Judge Smith no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.