Frank Minis Johnson Jr. (October 30, 1918 – July 23, 1999) was a
United States district judge
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
and United States Circuit Judge serving 1955 to 1999 on 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 ...
and
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
* ...
. He made landmark civil rights rulings that helped end
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 ...
and
disenfranchisement
Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...
of African Americans in the South. In the words of journalist and historian
Bill Moyers
Bill Moyers (born Billy Don Moyers, June 5, 1934) is an American journalist and political commentator. Under the Johnson administration he served from 1965 to 1967 as the eleventh White House Press Secretary. He was a director of the Counci ...
, Judge Johnson "altered forever the face of the South."
Early life, education and career
Johnson was born in 1918 and grew up in
Haleyville in northern
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 ...
, long an independent-minded part of the state.
Winston County had opposed secession from the Union during the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
.
While a student, he was asked by a staunchly Democratic classmate why he insisted upon being a Republican, to which Johnson replied that there were "so few of us that one day I might be a federal judge." Another classmate
George C. Wallace
George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who served as the 45th governor of Alabama for four terms. A member of the Democratic Party, he is best remembered for his staunch segregationist and ...
, future governor of the state, overheard the remark and replied, "Well, that'll be the day. I'll be governor by then." Wallace would prove to be Johnson's ''
bête noire'' during the civil rights era of the 1960s.
Johnson graduated from the
University of Alabama
The University of Alabama (informally known as Alabama, UA, or Bama) is a Public university, public research university in Tuscaloosa, Alabama. Established in 1820 and opened to students in 1831, the University of Alabama is the oldest and la ...
and later the
University of Alabama School of Law
The University of Alabama School of Law, (formerly known as the Hugh F. Culverhouse Jr. School of Law at The University of Alabama) located in Tuscaloosa, Alabama is a nationally ranked top-tier law school and the only public law school in the sta ...
with 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 ...
in 1943, and was admitted to the bar.
He married Ruth Jenkins, a classmate from the University of Alabama. Johnson served 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 ...
in
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
during
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 ...
, while his wife Ruth served in the
WAVES
Waves most often refers to:
*Waves, oscillations accompanied by a transfer of energy that travel through space or mass.
* Wind waves, surface waves that occur on the free surface of bodies of water.
Waves may also refer to:
Music
* Waves (ban ...
as an adviser to Hollywood directors making films about the war.
After military service, Johnson entered private law practice in
Jasper
Jasper, an aggregate of microgranular quartz and/or cryptocrystalline chalcedony and other mineral phases,Kostov, R. I. 2010. Review on the mineralogical systematics of jasper and related rocks. – Archaeometry Workshop, 7, 3, 209-213PDF/ref> ...
, Alabama from 1946 to 1953. Unlike most white voters of the time in Alabama, he became active in politics with the
Republican Party, serving as a delegate to the
1948 Republican National Convention
The 1948 Republican National Convention was held at the Municipal Auditorium, in Philadelphia, Pennsylvania, from June 21 to 25, 1948.
New York Governor Thomas E. Dewey had paved the way to win the Republican presidential nomination in the pr ...
. He managed Alabama's "Veterans for Eisenhower" group during the 1952 campaign. Johnson was known as a foe of the Democratic Party's segregationist policies. He was appointed as the
United States Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
for the
Northern District of Alabama from 1953 to 1955, during 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, ...
's administration.
Federal trial judicial service
Johnson received a
recess appointment
In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...
from 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 October 22, 1955, to a seat on the
vacated by Judge
Charles Kennamer. He was nominated to the same position on January 12, 1956. 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 January 31, 1956, and received his commission on February 1, 1956. He served as Chief Judge from 1966 to 1979. His service terminated on July 12, 1979, due to his elevation to the Fifth Circuit.
Notable district court case and incidents
In 1956, Johnson ruled in favor of
Rosa Parks
Rosa Louise McCauley Parks (February 4, 1913 – October 24, 2005) was an American activist in the civil rights movement best known for her pivotal role in the Montgomery bus boycott. The United States Congress has honored her as "the ...
, striking down the "blacks in the back of the bus" law of the city of
Montgomery Alabama, as unconstitutional. In orders issued in 1961 and 1962, he ordered the desegregation of bus depots (such as the
Montgomery Greyhound station) and the
Montgomery Regional Airport
Montgomery Regional Airport (Dannelly Field) is a civil-military airport seven miles southwest of Montgomery, the capital of Alabama. Owned by the Montgomery Airport Authority, it is used for general aviation and military aviation, and sees tw ...
in Alabama's Middle judicial district. In 1961 he ordered the
Ku Klux Klan
The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
and
Montgomery police to stop the beating and harassment of Freedom Riders attempting to integrate interstate bus travel.
In March 1965, Judge Johnson ruled that activists had the right to undertake the
Selma to Montgomery march
The Selma to Montgomery marches were three protest marches, held in 1965, along the 54-mile (87 km) highway from Selma, Alabama, to the state capital of Montgomery. The marches were organized by nonviolent activists to demonstrate the ...
as a means to petition the government, overturning Governor
George Wallace
George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who served as the 45th governor of Alabama for four terms. A member of the Democratic Party, he is best remembered for his staunch segregationist and ...
's prohibition of the march as contrary to public safety. Thousands of sympathizers traveled to Selma to join the march, which had 25,000 participants by its last leg into Montgomery on March 25, 1965. It was considered integral to gaining passage by Congress of the
Voting Rights Act of 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
.
Judge Johnson received death threats and ostracism for his role in advancing civil rights, and was protected by
federal marshals for nearly two decades. A
burning cross
In modern times, cross burning or cross lighting is a practice which is associated with the Ku Klux Klan. However, it was practiced long before the Klan's inception. Since the early 20th century, the Klan burned crosses on hillsides as a way to i ...
was placed on his lawn in 1956 following the Rosa Parks decision, and his mother's house was bombed in 1967, although she was not hurt.
FBI director nomination
In 1977 President Carter and Attorney General
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 ...
asked Johnson to become
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
Director when Director
Clarence M. Kelley stepped down. But, the day after Carter nominated him, Johnson was found to have an
aneurysm
An aneurysm is an outward bulging, likened to a bubble or balloon, caused by a localized, abnormal, weak spot on a blood vessel wall. Aneurysms may be a result of a hereditary condition or an acquired disease. Aneurysms can also be a nidus (s ...
, or abnormal swelling, of his abdominal
aorta
The aorta ( ) is the main and largest artery in the human body, originating from the left ventricle of the heart and extending down to the abdomen, where it splits into two smaller arteries (the common iliac arteries). The aorta distributes ...
. His nomination had to be withdrawn and
William H. Webster
William Hedgcock Webster (born March 6, 1924) is an American attorney and jurist who most recently served as chair of the Homeland Security Advisory Council from 2005 until 2020. He was a United States district judge of the United States Distric ...
was nominated in his place.
Federal appellate judicial service
Johnson was nominated by President
Jimmy Carter
James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
on April 2, 1979, to 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 ...
, to a new seat established by 92 Stat. 1629. He was confirmed by the Senate on June 19, 1979, and received his commission on June 21, 1979. His service terminated on October 1, 1981, due to reassignment to the Eleventh Circuit.
Johnson was reassigned to the newly established
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
* ...
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 ...
on October 1, 1981. 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 October 30, 1991. He was succeeded on the bench by Judge
Edward Earl Carnes
Edward Earl Carnes (born June 3, 1950) is a Senior United States circuit judge of the United States Court of Appeals for the Eleventh Circuit.
Education and legal career
Carnes received his Bachelor of Science degree from the University of Al ...
. His service terminated on July 23, 1999, upon his death.
Johnson additionally served on the
Temporary Emergency Court of Appeals
The Temporary Emergency Court of Appeals was established by the United States Congress in December 1971 with exclusive jurisdiction to hear appeals from the decisions of the U.S. district courts in cases arising under the wage and price control pro ...
from 1972 to 1982.
Johnson served more than 40 years on the federal bench. At the memorial service after his death, he was praised by former
United States Senator
The United States Senate is the Upper house, upper chamber of the United States Congress, with the United States House of Representatives, House of Representatives being the Lower house, lower chamber. Together they compose the national Bica ...
Howell Heflin
Howell Thomas Heflin (June 19, 1921 – March 29, 2005) was an American lawyer and politician who served in the United States Senate, representing Alabama, from 1979 to 1997.
Early life
Heflin was born on June 19, 1921, in Poulan, Georgia. He at ...
, Democrat of Alabama, who said that the judge's "unrelenting devotion to the rule of law" helped him strike down segregation laws.
Death
Johnson died at his home in Montgomery of
pneumonia
Pneumonia is an inflammatory condition of the lung primarily affecting the small air sacs known as alveoli. Symptoms typically include some combination of productive or dry cough, chest pain, fever, and difficulty breathing. The severity ...
after being briefly hospitalized for a fall at his home the week prior.
Legacy and honors
*1978, Golden Plate Award of the
American Academy of Achievement
The American Academy of Achievement, colloquially known as the Academy of Achievement, is a non-profit educational organization that recognizes some of the highest achieving individuals in diverse fields and gives them the opportunity to meet o ...
presented by Awards Council member
Judge John Sirica
*1979, inducted into the Alabama Academy of Honor
*1992,
, where Johnson served in Montgomery, Alabama, was named for him
*1993, American Bar Association's annual Thurgood Marshall Award
*1995,
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 ...
.
Notable decisions
*''
Browder v. Gayle
''Browder v. Gayle'', 142 F. Supp. 707 (1956),[''Browder v. Gayle''](_blank)
14 ...
'' (1956)
Orders the racial integration of the public transportation system of the city of
Montgomery, Alabama
Montgomery is the capital city of the U.S. state of Alabama and the county seat of Montgomery County. Named for the Irish soldier Richard Montgomery, it stands beside the Alabama River, on the coastal Plain of the Gulf of Mexico. In the 202 ...
.
*''
Gomillion v. Lightfoot
''Gomillion v. Lightfoot'', 364 U.S. 339 (1960), was a landmark decision of the Supreme Court of the United States that found an electoral district with boundaries created to disenfranchise African Americans violated the Fifteenth Amendment.
Bac ...
'' (1961)
Invalidated a plan by the city of
Tuskegee, Alabama
Tuskegee () is a city in Macon County, Alabama, United States. It was founded and laid out in 1833 by General Thomas Simpson Woodward, a Creek War veteran under Andrew Jackson, and made the county seat that year. It was incorporated in 1843. ...
to dilute potential black voting strength by redrawing city boundaries so as to exclude concentrations of black voters from the city.
*''
United States v. Alabama'' (1961)
Ordered that black persons be registered to vote if their application papers were equal to the performance of the least qualified white applicant accepted on the voting rolls.
*''Lewis v. Greyhound'' (1961),
Required desegregation of the bus depots of the city of Montgomery, as these served interstate buses operating under federal law.
*''United States v. City of Montgomery'' (1961)
Ordered the city of Montgomery to surrender its voting registration records to the
US Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
; DOJ was studying why so few African Americans were registered to vote in a state with numerous majority-black counties.
*''United States v. City of Montgomery,'' 201 F. Supp. 590 - Dist. Court, MD Alabama 1962
Required desegregation of airport and related facilities at Dannelly Field in the city of Montgomery
*''
Sims v. Frink'' (1962)
Required the
state of 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 ...
to reapportion state legislative districts to adhere to the 'one man, one vote' principle as stipulated in its 1901 constitution. The state districts had not been reapportioned since that date, although such reapportionment was supposed to take place following every decennial census. This had resulted in marked under-representation of urban citizens, as demographic changes had created density of population in urbanized cities and areas
*''Lee v. Macon County Board of Ed.'' (1963)
Mandated, in Alabama, the first statewide desegregation of public schools.
*''Williams v. Wallace'' (1965)
Ordered Gov.
George Wallace
George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who served as the 45th governor of Alabama for four terms. A member of the Democratic Party, he is best remembered for his staunch segregationist and ...
in March 1965 to permit the
Selma to Montgomery march
The Selma to Montgomery marches were three protest marches, held in 1965, along the 54-mile (87 km) highway from Selma, Alabama, to the state capital of Montgomery. The marches were organized by nonviolent activists to demonstrate the ...
to take place, which was organized by the
Southern Christian Leadership Conference (SCLC), DCVL and SNCC.
*''
White v. Crook
White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White on ...
'' (1966)
Ruled that the state of Alabama must permit both male and female Blacks to serve on juries; they were qualified after regaining the ability to register and vote. The case was brought as a class action suit on behalf of black residents on
Lowndes County, Alabama
Lowndes County is in the central part of the U.S. state of Alabama. As of the 2020 census, the county's population was 10,311. Its county seat is Hayneville. The county is named in honor of William Lowndes, a member of the United States Con ...
; other class members joined so that the decision applied to the state. It was "one of the first civil actions brought to remedy systematic exclusion of Negroes from jury service generally."
*''United States v. Alabama'' (1966)
Declared the Alabama
poll tax
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
unconstitutional.
*''
Weeks v. Southern Bell'' (1969)
Ruled that women had a statutory right to choose, for themselves, whether to work in physically demanding jobs that were historically performed by men.
*''
Smith v. YMCA of Montgomery'' (1970)
Ordered the desegregation of the Montgomery chapter of the
YMCA
YMCA, sometimes regionally called the Y, is a worldwide youth organization based in Geneva, Switzerland, with more than 64 million beneficiaries in 120 countries. It was founded on 6 June 1844 by George Williams in London, originally ...
.
*''
Wyatt v. Stickney'' (1971)
Established a right to treatment for people with mental illness who have been involuntarily committed.
*''
NAACP v. Dothard'' (1974)
Required the state of Alabama to continue hiring (as ordered by the court in 1972) to overcome decades of racial discrimination in the Dept. of Public Safety, wherein the department should hire 50% blacks in state trooper and support positions until racial parity of 25% representation was achieved.
*''
Garcia-Mir v. Meese
''Garcia-Mir v. Meese'', 788 F.2d 1446 (11th Cir. 1986), was a decision by the United States Court of Appeals for the Eleventh Circuit, Eleventh Circuit Court of Appeals, which ruled that the United States could indefinitely detain Cubans, Cuban re ...
'' (1986)
Upheld that existing U.S. law superseded
customary international law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...
.
In popular culture
*Johnson is played by
Martin Sheen
Ramón Antonio Gerardo Estévez (born August 3, 1940), known professionally as Martin Sheen, is an American actor. He first became known for his roles in the films ''The Subject Was Roses'' (1968) and ''Badlands'' (1973), and later achieved wid ...
in the 2014 film
''Selma''.
References
Sources
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External links
"Frank M. Johnson" Alabama Academy of Honor, 1979
American Bar Association, Awards
*
{{DEFAULTSORT:Johnson, Frank Minis
1918 births
1999 deaths
20th-century American judges
20th-century American lawyers
Alabama Republicans
United States Army personnel of World War II
Civil rights movement
Judges of the United States Court of Appeals for the Eleventh Circuit
Judges of the United States Court of Appeals for the Fifth Circuit
Judges of the United States District Court for the Middle District of Alabama
Military personnel from Alabama
People from Haleyville, Alabama
Presidential Medal of Freedom recipients
Selma to Montgomery marches
United States Attorneys for the Northern District of Alabama
United States court of appeals judges appointed by Jimmy Carter
United States district court judges appointed by Dwight D. Eisenhower
University of Alabama School of Law alumni