Richard Taylor Rives (January 15, 1895 – October 27, 1982) was an

American lawyer ''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill.judge. A native of

Alabama (We dare defend our rights) , anthem = "Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,765 ...

, he was the sole

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

among 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 ...

," four

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. ...

s 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 ...

in the 1950s and 1960s that issued a series of decisions crucial in advancing the

civil and political 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 o ...

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 ensl ...

s. 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: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

(its current

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

), but also

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 ...

, and

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 ...

(which were subsequently split off into 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 * ...

), and the Panama Canal Zone.

Ancestry

He is a descendant of Robert Ryves (Reve) of Dorset.

Early and family life

Born in Montgomery, Montgomery County,

on January 15, 1895, to William Henry Rives (1854-1922) and his wife, the former Alice Bloodworth Taylor (1856-1943), Rives had five siblings. A maternal great-great-grandfather had served as the first Baptist minister in Montgomery. Three of his great-great-great-great grandfathers had served in the

American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...

: Captain William Sanford (1734-1806) had carried dispatches to France before settling in Georgia, Major John Mason (1716-1785) had acted as Justice of Sussex County, Virginia during that time, and Private James McLemore (1718-1800) had also served the Revolutionary cause in Granville County, North Carolina. Both sides of his family had operated large plantations using enslaved labor before 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 ...

. Rives attended the public high school in Montgomery and graduated as valedictorian of his class. He then won a tuition scholarship and began studies at

Tulane University Tulane University, officially the Tulane University of Louisiana, is a private research university in New Orleans, Louisiana. Founded as the Medical College of Louisiana in 1834 by seven young medical doctors, it turned into a comprehensive pub ...

New Orleans New Orleans ( , ,New Orleans

. However, Rives also had to borrow money for living expenses from his sister, so he withdrew from the university after a year and began working for Wiley Hill, an attorney practicing in Montgomery whose family plantation had shared a border with the Rives' plantation before the American Civil War. Rives would later receive honorary degrees from the

University of Notre Dame The University of Notre Dame du Lac, known simply as Notre Dame ( ) or ND, is a private Catholic university, Catholic research university in Notre Dame, Indiana, outside the city of South Bend, Indiana, South Bend. French priest Edward Sorin fo ...

in 1966 and Cumberland Law School at Samford University in 1975.

Early career, military service and family life

After

reading law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under th ...

, Rives passed the Alabama bar examination in 1914, although just 19 years old. He was in

private practice Private practice may refer to: *Private sector practice **Practice of law In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiati ...

in Montgomery,

from 1914 to 1916. During

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 ...

, Rives joined the Alabama National Guard, then served in the

United States Army The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...

(1916 to 1919; commissioned a first lieutenant in 1917). While stationed in Macon,

, Rives met Jessie H. Daugherty. They married soon after he left the Army, and would have four children, although two died as infants. Rives's relationship with his son and namesake Richard Rives Jr. (1922-1949) would later greatly affect his attitudes toward racial discrimination. His son had attended the

University of Exeter , mottoeng = "We Follow the Light" , established = 1838 - St Luke's College1855 - Exeter School of Art1863 - Exeter School of Science 1955 - University of Exeter (received royal charter) , type = Public , ...

in England and

Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...

in Massachusetts, then become severely ill while serving in the Pacific theater 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 opposing ...

. Based on his own reading and discussions with African American soldiers hospitalized with him, the younger Rives determined to confront issues involved in what many Southerners called "the race question." He also went to the University of Michigan Law school, advised his father to read

Gunnar Myrdal Karl Gunnar Myrdal ( ; ; 6 December 1898 – 17 May 1987) was a Swedish economist and sociologist. In 1974, he received the Nobel Memorial Prize in Economic Sciences along with Friedrich Hayek for "their pioneering work in the theory of money a ...

's treatise and planned to join the family law firm, but died in an auto accident in 1949. After his wife's death in 1973, Rives in 1976 married Martha Blake Thigpen Frazer, but they had no children.

Career

In 1919 Rives returned to private practice in Montgomery after his World War I service, and became involved in politics and the

Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...

during the New Deal. He directed the 1942 gubernatorial campaign of Bibb Graves, who died before the election. Rives served as president of both the Montgomery County and state bar associations. In 1951, he successfully appeared before the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

on behalf of the Alabama Public Service Commission, and the court reversed a lower federal court's ruling that had allowed the Southern Railway Company to discontinue much local service in the state, deciding such was a state rather than federal matter. He was a close friend of

United States Senator 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 powe ...

then Supreme Court

Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

Hugo Black, as well as of Alabama Senators

John Sparkman John Jackson Sparkman (December 20, 1899 – November 16, 1985) was an American jurist and politician from the state of Alabama. A Southern Democrat, Sparkman served in the United States House of Representatives from 1937 to 1946 and the United St ...

and

Lister Hill Joseph Lister Hill (December 29, 1894 – December 20, 1984) was an American politician. A member of the Democratic Party, he represented Alabama in the U.S. Congress for more than forty-five years, as both a U.S. Representative (1923–1938) ...

Federal judicial service

Rives was nominated by President

Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...

on April 12, 1951, to a seat on the

vacated by Judge Leon Clarence McCord. 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 May 1, 1951, and received his commission on May 3, 1951. He served as Chief Judge and as a member of the Judicial Conference of the United States from 1959 to 1960. He assumed

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

on February 15, 1966. Rives 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

on October 1, 1981, pursuant to 94 Stat. 1994. His service terminated on October 27, 1982, due to his death.

Civil rights cases

The Fifth Circuit supervised federal district judges in six southern states. By the time of the United States Supreme Court rulings concerning desegregation in ''

Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...

'', the other judges had all been appointed by

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 ...

President Dwight Eisenhower: Elbert P. Tuttle of

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 ...

, Georgia,

John Minor Wisdom John Minor Wisdom (May 17, 1905 – May 15, 1999), one of the "Fifth Circuit Four", and a Republican from Louisiana, was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit during the 1950s and 1960s, when t ...

New Orleans New Orleans ( , ,New Orleans

, and John Robert Brown of

Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...

. All shared a quiet passion against injustice. Rives and his colleagues became actively involved in racial desegregation after state officials became involved in Massive Resistance. He also became involved in cases concerning bus desegregation, legislative redistricting and jury selection.

Death and legacy

Rives died at home in Montgomery, age 87 on October 27, 1982 after a long illness. He was survived by his second wife, daughter Callie Rives Smith of

Louisville Louisville ( , , ) is the largest city in the Commonwealth of Kentucky and the 28th most-populous city in the United States. Louisville is the historical seat and, since 2003, the nominal seat of Jefferson County, on the Indiana border. ...

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...

, and three granddaughters, and buried in Montgomery's Greenwood Cemetery. Rive's granddaughter, United States District Judge Callie V. Granade, of the Southern District of Alabama. Granade struck down Alabama's prohibition on same-sex marriage, a decision eventually affirmed by the

References

{{DEFAULTSORT:Rives, Richard Taylor 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 Harry S. Truman 20th-century American judges United States Army personnel of World War I 1895 births 1982 deaths United States federal judges admitted to the practice of law by reading law University of Michigan people