H. Emory Widener, Jr.
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Hiram Emory Widener Jr. (April 20, 1923 – September 19, 2007) was a
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...
of the
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryla ...
.


Early life and career

Born on April 20, 1923, in Abingdon,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, Widener received a
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University of ...
degree from the
United States Naval Academy The United States Naval Academy (US Naval Academy, USNA, or Navy) is a federal service academy in Annapolis, Maryland. It was established on 10 October 1845 during the tenure of George Bancroft as Secretary of the Navy. The Naval Academy ...
in 1944 and then served in the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
until 1949. In 1953 he 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
Washington and Lee University School of Law The Washington and Lee University School of Law (W&L Law) is the professional graduate law school of Washington and Lee University. It is a private American Bar Association-accredited law school located in Lexington in the Shenandoah Valley reg ...
. He was a Lieutenant in the
United States Naval Reserve The United States Navy Reserve (USNR), known as the United States Naval Reserve from 1915 to 2005, is the Reserve Component (RC) of the United States Navy. Members of the Navy Reserve, called Reservists, are categorized as being in either the Sele ...
from 1951 to 1952, and was in private practice in
Bristol Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
, Virginia from 1953 to 1969. He was a Commissioner for the United States District Court for the Western District of Virginia from 1963 to 1966, and was a member of the Virginia Election Laws Study Commission from 1968 to 1969.


Federal judicial service

Widener was nominated by President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
on June 19, 1969, to the
United States District Court for the Western District of Virginia The United States District Court for the Western District of Virginia (in case citations, W.D. Va.) is a United States district court. Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth ...
, to a new seat authorized by 71 Stat. 586 following the certification of
Thomas J. Michie Thomas Johnson Michie (June 7, 1896 – April 9, 1973) was an American attorney and United States district judge of the United States District Court for the Western District of Virginia. Education and career Born on June 7, 1896, in Northport ...
as disabled. 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 July 11, 1969, and received his commission on July 14, 1969. He served as Chief Judge from 1971 to 1972. His service terminated on October 27, 1972, due to his elevation to the Fourth Circuit. Widener was nominated by President Nixon on September 25, 1972, to a seat on the
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryla ...
vacated by Judge
Albert Vickers Bryan Albert Vickers Bryan (July 23, 1899 – March 13, 1984) was a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and previously was a United States district judge of the United States District Court for the E ...
. He was confirmed by the Senate on October 12, 1972, and received commission on October 17, 1972. 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 July 17, 2007. He was the last federal appeals court judge in active service to have been appointed by President Nixon. His service terminated on September 19, 2007, due to his death.


Succession controversy

Widener announced his intent to take
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 ...
upon confirmation of his successor in 2001. William J. Haynes II had been nominated to succeed Widener but was never given a vote in the Senate. In January 2007, Haynes withdrew his candidacy for nomination to replace Widener on the Fourth Circuit. He had long been opposed by Democrats and a few
Republicans 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 ...
, and with the Democrats having regained control of the Senate, his chances for confirmation appeared to have completely vanished. On July 17, 2007, Widener took senior status unconditionally.


Death

Widener died at his home outside Abingdon on September 19, 2007, after a year-long battle with
lung cancer Lung cancer, also known as lung carcinoma (since about 98–99% of all lung cancers are carcinomas), is a malignant lung tumor characterized by uncontrolled cell growth in tissue (biology), tissues of the lung. Lung carcinomas derive from tran ...
.


References


Sources

*
Washington Post obituary
{{DEFAULTSORT:Widener, Hiram Emory Jr. 1923 births 2007 deaths People from Abingdon, Virginia Deaths from lung cancer in Virginia Virginia lawyers United States Navy officers United States Navy personnel of World War II United States Naval Academy alumni Judges of the United States District Court for the Western District of Virginia United States district court judges appointed by Richard Nixon Judges of the United States Court of Appeals for the Fourth Circuit United States court of appeals judges appointed by Richard Nixon 20th-century American judges Washington and Lee University School of Law alumni Washington and Lee University School of Law faculty