Thomas Whelan

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This is the page for the federal judge of the Southern District of California. If you are looking for the New York supreme court justice, please see: Thomas F. Whelan.


Thomas Whelan
Image of Thomas Whelan
United States District Court for the Southern District of California (senior status)
Tenure

2010 - Present

Years in position

14

Prior offices
United States District Court for the Southern District of California

Education

Bachelor's

University of San Diego, 1961

Law

University of San Diego School of Law, 1965

Personal
Birthplace
San Diego, Calif.


Thomas Whelan is a federal judge in the United States District Court for the Southern District of California. He joined the court in 1998 after being nominated by President Bill Clinton. Whelan assumed senior status on August 15, 2010.[1]

Education

Whelan graduated from the University of San Diego with his bachelor's degree in 1961 and his J.D. degree in 1965.[1]

Professional career

Whelhan began his legal career as a contracts administrator, planner, and estimator for General Dynamics Corp., from 1961 to 1969 before becoming deputy district attorney for San Diego County from 1969 to 1989. Whelan was a judge on the San Diego County Superior Court from 1990 to 1998.[1]

Judicial career

Southern District of California

On the recommendations of U.S. Senators Dianne Feinstein and Barbara Boxer, Whelan was nominated by Bill Clinton on June 4, 1998, to a seat vacated by Judge John Rhoades. Whelhan was confirmed by the U.S. Senate on October 21, 1998, on a majority voice vote and received commission on October 22, 1998.[2]

Noteworthy cases

California Proposition 12 (2018)

See also: National Pork Producers Council v. Ross

On December 5, 2019, the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF) filed a legal complaint requesting the U.S. District Court for Southern California to invalidate Proposition 12 on the grounds that the citizen-initiated measure violated the Interstate Commerce Clause (Article I, Section 8) of the U.S. Constitution.[3] On April 27, 2020, Judge Thomas Whelan dismissed the case. He said that Proposition 12 was not directed at interstate commerce and did not call for uniform practices throughout the U.S. Judge Whelan wrote, "Thus, Proposition 12 does not regulate extraterritorially because it does not target solely interstate commerce and it regulates in-state and out-of-state conduct equally. Although there are upstream effects on out-of-state producers, those effects are a result of regulating in-state conduct." Judge Whelan also rejected the argument that Proposition 12 would be a substantial burden on pork producers, stating, "[a]lthough Proposition 12’s regulations may burden pork producers and result in a less efficient mode of operation, there is no burden on interstate commerce merely because it is less profitable than a preferred method of operation."[4]

See also

External links

Footnotes

Political offices
Preceded by:
John Rhoades
Southern District of California
1998–2010
Succeeded by:
Gonzalo P. Curiel