Elbert Parr Tuttle (July 17, 1897 – June 23, 1996) was the Chief United States circuit judge of the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

from 1960 to 1967, when that court became known for a series of decisions crucial in advancing the

civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...

African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

s during the

civil rights movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...

. A

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

from

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

, he was among the judges that became known as the "

Fifth Circuit Four The "Fifth Circuit Four" (or simply "The Four") were four judges of the United States Court of Appeals for the Fifth Circuit who, during the late 1950s, became known for a series of decisions (which continued into the late 1960s) crucial in advanci ...

". At that time, the Fifth Circuit included not only

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...

Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...

, and

Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...

(its jurisdiction ), but also

Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...

, Georgia,

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

, and the

Panama Canal Zone The Panama Canal Zone ( es, Zona del Canal de Panamá), also simply known as the Canal Zone, was an unincorporated territory of the United States, located in the Isthmus of Panama, that existed from 1903 to 1979. It was located within the terr ...

Education and early career

Tuttle was born in

Pasadena Pasadena ( ) is a city in Los Angeles County, California, northeast of downtown Los Angeles. It is the most populous city and the primary cultural center of the San Gabriel Valley. Old Pasadena is the city's original commercial district. Its ...

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

. In 1906, his family moved to

Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...

where he attended

Punahou School Punahou School (known as Oahu College until 1934) is a private, co-educational, college preparatory school in Honolulu, Hawaii. More than 3,700 students attend the school from kindergarten through twelfth grade, 12th grade. Protestant missionar ...

. In October 1910, he and his brother Malcolm built and flew the first glider in Hawaii. Tuttle graduated from

Cornell University Cornell University is a private statutory land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and Andrew Dickson White, Cornell was founded with the intention to teach an ...

Ithaca Ithaca most commonly refers to: *Homer's Ithaca, an island featured in Homer's ''Odyssey'' *Ithaca (island), an island in Greece, possibly Homer's Ithaca *Ithaca, New York, a city, and home of Cornell University and Ithaca College Ithaca, Ithaka ...

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

in 1918 with a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree. Tuttle was the editor in chief of

The Cornell Daily Sun ''The Cornell Daily Sun'' is an independent daily newspaper published in Ithaca, New York by students at Cornell University and hired employees. ''The Sun'' features coverage of the university and its environs as well as stories from the Associa ...

. He was also the founder of the Beta Theta chapter of

Pi Kappa Alpha Pi Kappa Alpha (), commonly known as PIKE, is a college fraternity founded at the University of Virginia in 1868. The fraternity has over 225 chapters and colonies across the United States and abroad with over 15,500 undergraduate members over 30 ...

Fraternity A fraternity (from Latin language, Latin ''wiktionary:frater, frater'': "brother (Christian), brother"; whence, "wiktionary:brotherhood, brotherhood") or fraternal organization is an organization, society, club (organization), club or fraternal ...

at Cornell and was a member of the

Sphinx Head Society The Sphinx Head Society is the oldest senior honor society at Cornell University. Sphinx Head recognizes Cornell senior men and women who have demonstrated respectable strength of character on top of a dedication to leadership and service at Corn ...

. He then fought in

World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

in the

United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...

Air Service from 1918 to 1919. Tuttle received a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

from

Cornell Law School Cornell Law School is the law school of Cornell University, a private Ivy League university in Ithaca, New York. One of the five Ivy League law schools, it offers four law degree programs, JD, LLM, MSLS and JSD, along with several dual-deg ...

, where he served as editor-in-chief of the ''

Cornell Law Quarterly The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Rev ...

'', in 1923. He was a reporter for the ''

New York Evening World The ''New York World'' was a newspaper published in New York City from 1860 until 1931. The paper played a major role in the history of American newspapers. It was a leading national voice of the Democratic Party. From 1883 to 1911 under publ ...

'' for several years while attending law school.

Later career

After graduating from law school, he moved to

Atlanta Atlanta ( ) is the capital and most populous city of the U.S. state of Georgia. It is the seat of Fulton County, the most populous county in Georgia, but its territory falls in both Fulton and DeKalb counties. With a population of 498,715 ...

, to practice law with the law firm of Sutherland, Tuttle & Brennan from 1923 to 1953 (the firm is now

Eversheds Sutherland Eversheds Sutherland is a global multinational law practice created by a combination of law firms Eversheds LLP and Sutherland Asbill & Brennan LLP, in February 2017, and is one of the 50 largest law practices in the world. History 1988 to 20 ...

). Tuttle worked on tax litigation and also did ''pro bono'' work, including with the

American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...

, and took on numerous civil rights cases. Tuttle served as a

colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge of ...

in the

from 1941 to 1946, in

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, declining a desk job. He was severely injured after engaging in hand-to-hand combat in Okinawa on the island of

Ie Shima , previously romanized in English as Ie Shima, is an island in Okinawa Prefecture, Japan, lying a few kilometers off the Motobu Peninsula on Okinawa Island. The island measures in circumference and covers . As of December 2012 the island had ...

. He was awarded numerous medals for his service including the

Purple Heart The Purple Heart (PH) is a United States military decoration awarded in the name of the President to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, w ...

with

Oak Leaf Cluster An oak leaf cluster is a ribbon device to denote preceding decorations and awards consisting of a miniature bronze or silver twig of four oak leaves with three acorns on the stem. It is authorized by the United States Armed Forces for a speci ...

, the

Legion of Merit The Legion of Merit (LOM) is a military award of the United States Armed Forces that is given for exceptionally meritorious conduct in the performance of outstanding services and achievements. The decoration is issued to members of the eight ...

, the

Bronze Star The Bronze Star Medal (BSM) is a United States Armed Forces decoration awarded to members of the United States Armed Forces for either heroic achievement, heroic service, meritorious achievement, or meritorious service in a combat zone. Wh ...

, and the Bronze Service Arrowhead. Tuttle retired as a brigadier general and was often called "The General" by those who worked closely with him. After the War, Tuttle became more involved in politics, working with the Republican Party because of his opposition to

segregation Segregation may refer to: Separation of people * Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space * School segregation * Housing segregation * Racial segregation, separation of humans ...

, which he associated mostly with southern Democrats. He was a general counsel for the

United States Department of the Treasury The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and t ...

from 1953 to 1954.

Federal judicial service

Tuttle was nominated by President

Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...

on July 7, 1954, to the

, to a new seat authorized by 68 Stat. 8. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on August 3, 1954, and received his commission the next day. He served as Chief Judge from 1960 to 1967 and was a member of the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...

from 1961 to 1967. He assumed

senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...

on June 1, 1968. He was reassigned by

operation of law The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...

to the

United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...

on October 1, 1981, pursuant to 94 Stat. 1994. His service terminated on June 23, 1996, due to his death in Atlanta.

Georgia gubernatorial election dispute

In the aftermath of the disputed

1966 Georgia gubernatorial election The 1966 Georgia gubernatorial election was held on November 8, 1966. After an election that exposed divisions within the Georgia Democratic Party (giving the Georgia Republican Party a shot at the Governor's Mansion for the first time in the tw ...

between Democrat

Lester Maddox Lester Garfield Maddox Sr. (September 30, 1915 – June 25, 2003) was an American politician who served as the 75th governor of the U.S. state of Georgia from 1967 to 1971. A populist Democrat, Maddox came to prominence as a staunch segregationis ...

and Republican

Bo Callaway Howard Hollis Callaway (April 2, 1927 – March 15, 2014) was an American businessman and politician. He served as a Republican member for the 3rd district of Georgia of the United States House of Representatives. He also served as the 11th Un ...

, Tuttle joined Judge

Griffin Bell Griffin Boyette Bell (October 31, 1918 – January 5, 2009) was the 72nd Attorney General of the United States, having served under President Jimmy Carter. Previously, he was a U.S. circuit judge of the United States Court of Appeals for the Fift ...

, later the

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

, in striking down the Georgia constitutional provision requiring that the legislature chose the governor if no

general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...

candidate receives a majority of the vote. The judges concluded that a malapportioned legislature might "dilute" the votes of the candidate with a plurality, in this case Callaway. Bell compared legislative selection to the former

County Unit System The county unit system was a voting system used by the U.S. state of Georgia to determine a victor in statewide primary elections from 1917 until 1962. History Though the county unit system had informally been used since 1898, it was formally enac ...

, a kind of electoral college formerly used in Georgia to select the governor but invalidated by the U.S. Supreme Court. Bell and Tuttle granted a temporary suspension of their ruling to permit appeal to the U.S. Supreme Court and stipulated that the state could resolve the deadlock so long as the legislature not make the selection. In a five-to-four decision known as ''Fortson v. Morris'', the high court struck down the Bell-Tuttle legal reasoning and directed the legislature to choose between Maddox and Callaway. Two liberal justices,

William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...

and

Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rhod ...

, had argued against legislative selection of the governor, but the court majority, led this time by

Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A ...

took the

strict constructionist In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). Strict sense of the term ...

line and cleared the path for Maddox's ultimate election.

Honors

The Elbert P. Tuttle U.S. Court of Appeals Building was named in his honor in 1989. For his work in civil rights cases in the South, Tuttle received the

Presidential Medal of Freedom The Presidential Medal of Freedom is the highest civilian award of the United States, along with the Congressional Gold Medal. It is an award bestowed by the president of the United States to recognize people who have made "an especially merito ...

in 1981. He has a star on Atlanta's

International Civil Rights Walk of Fame The International Civil Rights Walk of Fame, is a historic promenade that honors activists involved in the Civil Rights Movement and other national and global civil rights activists. It was created in 2004, and is located at the Martin Luther Kin ...

References

Bibliography

*Jack Bass,
The 'Fifth Circuit Four'
, ''The Nation'', May 3, 2004, p. 30-32. * Anne Emanuel
Elbert Parr Tuttle: Chief Jurist of the Civil Rights Revolution
University of Georgia Press, Fall 2011. * Nina Totenberg
Elbert Parr Tuttle, Quiet Civil Rights 'Revolutionary'
NPR, October 5, 2011.
New Georgia Encyclopedia: Elbert Parr TuttleEleventh Circuit profileStuart A. Rose Manuscript, Archives, and Rare Book Library
Emory University
Elbert P. Tuttle papers, 1917-1995
{{DEFAULTSORT:Tuttle, Elbert 1897 births 1996 deaths Wikipedia articles incorporating text from the Biographical Directory of Federal Judges Judges of the United States Court of Appeals for the Fifth Circuit Judges of the United States Court of Appeals for the Eleventh Circuit United States court of appeals judges appointed by Dwight D. Eisenhower 20th-century American judges Presidential Medal of Freedom recipients United States Army Air Service pilots of World War I United States Army personnel of World War II Recipients of the Legion of Merit Punahou School alumni Cornell Law School alumni Cornell University alumni Georgia (U.S. state) Republicans United States Army colonels