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Distinguished Tulane Law alumnus Judge Martin Feldman has died

January 27, 2022 4:00 PM
 | 
Alina Hernandez ahernandez4@tulane.edu

 

 

U.S. District Judge Martin Feldman, a Tulane Law alumnus who spent nearly four decades on the federal bench and left his mark on dozens of landmark cases, has died, two days shy of his 88th birthday.

Feldman (A&S ‘55, L’57), a judge on the U.S. District Court for the Eastern District of Louisiana, was a prominent and distinguished jurist who heard and ruled on cases that touched on almost every conceivable public issue, from free speech to the Deepwater Horizon disaster to tax fraud and states’ rights.

He died Wednesday of a heart attack following a bout with pneumonia at the age of 87.

Feldman left an almost equal legacy at Tulane. He was a long-time member and trusted advisor on the law Dean’s Advisory Board, chaired the Tulane Law Review’s Board of Advisory Editors from 2000 to 2013, and taught for many years in Tulane’s summer program at Cambridge.

“His passing is an enormous loss to the bench, to Tulane, and to his many friends and colleagues on the Dean’s Advisory Board and far beyond,” said law Dean David Meyer.

Those who knew him recall Feldman as a devout student of the English language, of the letter of the law, and, on a more personal note, an impeccable dresser known for his bow ties and bespoke suits.

Feldman was devoted to Tulane students, mentoring them through their legal studies and hiring many as law clerks throughout the years. He was inducted into the Tulane Law Hall of Fame in 2016.

In 2004, just as he marked 20 years on the bench, the Law Review published a special commemoration to Feldman that included tributes from U.S. Supreme Court Justice Antonin Scalia, a close friend of Feldman’s, and Professor Tony Weir, a renowned scholar at Trinity College, Cambridge University. Both lauded Feldman’s professional accomplishments, commitment to justice and his advancement of the rule of law in America.

Then-Tulane Law Dean Lawrence Ponoroff wrote at the time: “Up close and beneath that dignified, stately exterior and personification of judicial politesse, [Feldman] is one of the most decent and caring men I've had the privilege to know. From the day I was appointed Dean, Marty let it be known that whatever I needed, he would be there for me. And he's been true to his word. From his active participation on my Dean's Advisory Board, to his role as Chair of the Board of Advisory Editors of the Tulane Law Review, to his vital assistance in bringing Supreme Court Justices to the Law School and our summer-abroad programs, to his help and support in building the endowment for the Mitchell Franklin Professorship, and more, Marty has leant his time, influence, and considerable talents to helping the Law School in every way possible.”

Feldman was nominated to the federal bench by President Ronald Reagan in 1983.  He was  known for his sharp intellect and quit wit, often challenging prosecutors and defense attorneys alike over what he saw as overreach or inaccurate interpretations of the law. He believed in limited government and was widely respected as a fair and exacting jurist, who as recently as two weeks ago was issuing lengthy rulings and lining up cases on his docket.

“We will deeply miss his presence, his keen intellect, and his razor-sharp wit.  He was a dear friend to Tulane, to the Law Review, and to me, personally,” said Tulane Law Professor Ron Scalise (TC '97, L'00), the Review’s faculty advisor.  

Although Feldman was known for being a demanding and plain-spoken judge, he was also notably kind and generous.  Scalise recounts that he was a law student on the Review when he first met Feldman but got to know the judge well when Scalise studied at Cambridge in 2002. 

“Marty was a huge Anglophile and a fixture in our Cambridge summer program.  Over the years, he had developed close friendships with lawyers, judges, and academics in England,” Scalise said. “As soon as he knew I was going to Cambridge, Marty reached out to his friends to make sure I was welcomed with open arms.  That meant I not only had introductions to world-class intellects at Cambridge but also world-class tailors on Savile Row!”

Among his most recent notable cases, in 2020 Feldman upheld Gov. John Bel Edwards’ emergency orders to close bars in response to the COVID-19 pandemic, rejecting a claim by several New Orleans and Houma bar owners that the orders were unconstitutional.

Just this month, Feldman wrote a 29-page ruling saying that a wetlands damage lawsuit against oil companies should be heard in state court in Plaquemines Parish, not in federal court as the companies wanted.

Feldman was born in St. Louis, Missouri and came to New Orleans and Tulane University at the age of 17 to study biblical archaeology and linguistics, ultimately switching his major to English, hoping he would be a poet.  He received both his bachelor’s and law degree from Tulane. In 1957, just as he graduated from law school, the iconic civil rights pioneering jurist and Tulane Law graduate Judge John Minor Wisdom (L’29) hired Feldman as his first law clerk to help him in the Fifth Circuit.

His long-time friend and colleague, Greg Grimsal (A&S '72, L'79) recalled the 1994 dedication of the Fifth Circuit Courthouse where Feldman delivered some remarks.  Feldman reflected on how clerking for Judge Wisdom impacted his life. Judge Feldman remarked:  “For me, the law became a world of consequence, enlightenment, and joy.” 

"His consequential, enlightened and joyous engagement with the law was central to Judge Feldman’s personality and left as its monument a singular record of achievement, not to mention a host of now-brokenhearted and grieving friends," Grimsal said. 

Feldman was a U.S. Army Reserve JAG Captain from 1957-63, and during those years established his own private practice handling mostly tax law and complex commercial litigation cases before joining the federal bench. 

He worked a feverish docket, and according Nola.com/The Times-Picayune, he had declined to take “senior status” at the age of 65, which would have allowed him a lighter docket, even after a car accident left him with broken ribs and kept him off his feet for weeks. His current caseload had trial dates well into the spring.

In 2010, Feldman joined 10 other judges appointed by Supreme Court Chief Justice John Roberts to serve on the U.S. Foreign Intelligence Surveillance Court, where he remained active until 2017.

The Chief Judge of the Eastern District, Nannette Jolivette Brown (L'88, L'98), hailed Feldman's long and distinguished judicial career in a statement.

"He willingly shared his knowledge and experience mentoring every new district judge appointed to this court. Sitting alongside him on the bench, while he was training you was a rite of passage for new judges,” Brown said. “Once you earned his love and respect, he always supported you and was there for you. He will be so deeply and sorely missed. However, he leaves along legacy of accomplishments and friendships."

The courthouse's flags will fly at half-staff in honor of Judge Feldman, she said.

Judge Feldman was preceded in death by his wife, Melanie Pulitzer Feldman, a well-known interior designer. He is survived by two children.

Funeral arrangements are pending, according to his office.