Arthur Raymond Randolph (born November 1, 1943) is an American lawyer and jurist serving as a senior U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia.
In 1979, Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct of the United States House of Representatives, remaining in this position until 1980.
He held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985–90), Utah (1986–1990) and Montana (1983–1990).
[5] Randolph was nominated by President George H. W. Bush on May 8, 1990, to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by Judge Spottswood William Robinson III.
[9] In 2006, Judge Randolph found that a rule by Security and Exchange Commission requiring hedge funds to consider natural persons as clients was arbitrary and capricious.
[10] In June 2017, Randolph partially dissented when the court found that the Foreign Sovereign Immunities Act did not prevent the survivors of a Holocaust victim from suing to recover art stolen by Nazi plunderers.
In Al Odah, Judge Randolph wrote for a unanimous panel that the detainees at Guantanamo Bay did not have rights under the United States Constitution.
The United States Congress subsequently passed the Detainee Treatment Act, which was intended to reverse the effect of the Supreme Court's decision in Rasul.
Again, the United States Congress passed legislation, this time the Military Commissions Act of 2006, to reverse the effect of the Supreme Court's ruling.
[13] In March 2017, Randolph argued that the public has no First Amendment right to access prisoners' court filings when the court, unanimous in judgment but in divided opinions, found that the press could not access classified video of Jihad Ahmed Mustafa Dhiab being force fed during the Guantanamo Bay hunger strikes.