Walter J. Cummings, Jr.
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Walter Joseph Cummings Jr. (September 29, 1916 – April 24, 1999) was a
United States Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
and 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. ...
of the
United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Il ...
.


Education and career

Born September 29, 1916, in
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
,
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, Cummings received 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 in 1937 from
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...
and 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 1940 from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
. At Yale, he served on the business staff of campus humor magazine ''
The Yale Record ''The Yale Record'' is the campus humor magazine of Yale University. Founded in 1872, it became the oldest humor magazine in the world when ''Punch'' folded in 2002."History", The Yale Record, March 10, 2010. http://www.yalerecord.com/about/histo ...
'' with
Roy D. Chapin Jr. Roy Dikeman Chapin Jr. (September 21, 1915 – August 5, 2001) was the chairman and chief executive officer of American Motors Corporation (AMC). Chapin's father, Roy D. Chapin Sr., was one of the co-founders of the Hudson Motor Car Company; Hud ...
and James S. Copley. He served as Assistant Solicitor General and Special Assistant Attorney General at the
United States 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 ...
from 1940 to 1946. He was in private practice in Chicago from 1946 to 1966. He served as
United States Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
from 1952 to 1953.


Solicitor General service

In 1946, Cummings joined the Chicago law firm now known as
Sidley Austin Sidley Austin LLP is an American multinational law firm with approximately 2,000 lawyers in 20 offices worldwide. The firm's headquarters is at One South Dearborn in Chicago's Loop. The firm specializes in a variety of areas in both litigation ...
as a partner. He remained at the firm until 1966, taking his only leave of absence to become
Solicitor General of the United States The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
after President Truman’s December 1, 1952 appointment. At age 36, Cummings was the youngest Solicitor general to serve in the position. His short Solicitor General service (from December 1952–March 1953) was during the transitional period between the presidencies of
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 ...
and
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, ...
. Cummings only appeared before the Supreme Court in matters concerning alleged violations of 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 ...
of convicts in a Florida prison camp and a question concerning the constitutionality of the emergency
strike Strike may refer to: People * Strike (surname) Physical confrontation or removal *Strike (attack), attack with an inanimate object or a part of the human body intended to cause harm *Airstrike, military strike by air forces on either a suspected ...
section of the Taft-Hartley Act.


Federal judicial service

Cummings was nominated by President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
on July 11, 1966, to the
United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Il ...
, to a new seat authorized by 80 Stat. 75. 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 10, 1966, and received his commission on August 11, 1966. He served as Chief Judge and as 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 1981 to 1986. His service terminated on April 24, 1999, due to his death in Chicago. He was the last federal appeals court judge in active service to have been appointed by President Johnson.


Notable cases

In ''Sprogis v. United Airlines'' (1971), Cummings ruled that United Airlines's requirement that female employees be unmarried but allowing male employees to be married constitutes sex discrimination and violates
Title VII The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
of the Civil Rights Act. In 1979, Cummings ruled in ''Carroll v. Talman Federal Savings And Loan Association of Chicago'' that requiring female employees to wear uniforms while allowing male employees to wear suits of their choice constitutes sex discrimination. Cummings cited his earlier ruling in ''Sprogis'' for his ruling in ''Carroll''.


References


Sources

* * , - , - {{DEFAULTSORT:Cummings, Walter Joseph Jr. 1916 births 1999 deaths 20th-century American judges Harvard Law School alumni Judges of the United States Court of Appeals for the Seventh Circuit Lawyers from Chicago United States court of appeals judges appointed by Lyndon B. Johnson United States Solicitors General Yale University alumni