Miner was nominated by President
Ronald Reagan on July 28, 1981, to a seat on the
United States District Court for the Northern District of New York vacated by Judge
James Thomas Foley. He was confirmed by the
United States Senate on September 25, 1981, and received commission on September 28, 1981. His service was terminated on August 2, 1985, due to elevation to the court of appeals.
Supreme Court consideration In 1987 after
Robert Bork’s Supreme Court nomination was rejected by
the Senate, President Reagan considered appointing Miner. Miner was alongside eventual nominee
Anthony Kennedy and
Ralph K. Winter Jr. one of three candidates considered acceptable by the Senate’s Democratic majority under the leadership of
Joe Biden and
Robert Byrd. Miner was, however, opposed by some Senate Republicans, and drew strong opposition from
anti-abortion and
right-to-work groups, because of his refusal to state his position on abortion. The seat, formerly held by
Lewis F. Powell Jr, ultimately went to Kennedy.
Notable case In January 1987 Miner and
Jon O. Newman heard
Salinger v. Random House, deciding that with unpublished works the right of the copyright owner to control publication took precedence over the right of "
fair use". This was interpreted as setting the right of an individual to privacy ahead of the public right to know. ==Death==