Malcolm Jones Howard (born June 24, 1939) is a

senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...

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 ...

of the

United States District Court for the Eastern District of North Carolina The United States District Court for the Eastern District of North Carolina (in case citations, E.D.N.C.) is the United States district court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Caroli ...

Education and career

Born in Kinston,

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

, Howard 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

United States Military Academy at West Point The United States Military Academy (USMA), also known metonymically as West Point or simply as Army, is a United States service academy in West Point, New York. It was originally established as a fort, since it sits on strategic high groun ...

in 1962 and a

Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...

from

Wake Forest University School of Law The Wake Forest University School of Law is one of the professional graduate schools of Wake Forest University. Located in Winston-Salem, North Carolina, Wake Forest University School of Law is a private American Bar Association (ABA) accredited ...

in 1970. From 1962 to 1972, he served as a major 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 ...

. He was a legislative counsel for the

United States Secretary of the Army The secretary of the Army (SA or SECARMY) is a senior civilian official within the United States Department of Defense, with statutory responsibility for all matters relating to the United States Army: manpower, personnel, reserve affairs, insta ...

, from 1971 to 1972. After his military service, he worked as general counsel and marketing manager for Dixon Marketing, Inc. in Kinston in 1972. He was an

Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal gove ...

of the Eastern District of North Carolina from 1973 to 1974. In 1974, he was a deputy special counsel of the

Executive Office of the President of the United States The Executive Office of the President (EOP) comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government. The EOP consists of several offices and agenc ...

. He was in private practice in Greenville, North Carolina from 1975 to 1988, and was a civilian aide to the United States Secretary of the Army for North Carolina, from 1986 to 1988.

Federal judicial service

Howard was nominated by President

Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...

on September 10, 1987, to the

, to a new seat authorized by 98 Stat. 333. 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 February 25, 1988, and received commission on February 26, 1988. 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 December 31, 2005. Howard served as a Judge of the

United States Foreign Intelligence Surveillance Court The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants aga ...

from 2005 to 2012.

Notable cases

In a March 28, 2019 decision, Howard ruled that Title IX applies to dress codes and struck down a public charter school's policy that required girls to wear skirts or dresses. Howard wrote: "Yes, the boys at the School must conform to a uniform policy as well. But plaintiffs in this case have shown that the girls are subject to a specific clothing requirement that renders them unable to play as freely during recess, requires them to sit in an uncomfortable manner in the classroom, causes them to be overly focused on how they are sitting, distracts them from learning, and subjects them to cold temperatures on their legs and/or uncomfortable layers of leggings under their knee-length skirts in order to stay warm, especially moving out-side between classrooms at the School. Defendants have offered no evidence of any comparable burden on boys." Howard's ruling was reversed by the

Fourth Circuit Court of Appeals 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 Maryland ...

in August 2021. The Fourth Circuit Court of Appeals granted summary judgment to Plaintiffs on the equal protection claim, but to Defendants on the Title IX claim, holding that Title IX did not reach school dress codes.https://www.ca4.uscourts.gov/opinions/201001.P.pdf

References

External links

* {{DEFAULTSORT:Howard, Malcolm Jones 1939 births Living people United States Military Academy alumni Wake Forest University School of Law alumni Judges of the United States District Court for the Eastern District of North Carolina United States district court judges appointed by Ronald Reagan 20th-century American judges United States Army officers Assistant United States Attorneys Judges of the United States Foreign Intelligence Surveillance Court People from Kinston, North Carolina 21st-century American judges