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|Current Court Information:|
|Appointed by:||Barack Obama|
|Preceded by:||Karen J. Williams|
|Past post:||District of South Carolina|
|Past post 2:||13th Judicial Circuit, South Carolina|
|Past term 2:||1992-2003|
|Undergraduate:||Wofford College, 1970|
|Law School:||University of South Carolina Law, 1973|
Henry Franklin Floyd is an Article III federal judge for the United States Court of Appeals for the Fourth Circuit. He was nominated by President Barack Obama in January 2011. Prior to his elevation to the appellate level, Floyd served on the United States District Court for the District of South Carolina. He joined that court in 2003 after being nominated by President George W. Bush.
Early life and education
Floyd started his legal career as a private practice attorney licensed in the State of South Carolina from 1973 to 1992 before becoming a Circuit Court judge in the Thirteenth Judicial Circuit Court of South Carolina from 1992 to 2003.
|Progress:||Confirmed 250 days after nomination.|
|ABA Rating:||Unanimously Well Qualified|
Floyd was nominated for elevation to the United States Court of Appeals for the Fourth Circuit on January 26, 2011, by President Barack Obama to fill the seat vacated by Karen J. Williams. In the press release Obama stated:
|“||Throughout his career, Henry Floyd has demonstrated unwavering integrity and a firm commitment to public service. I am proud to nominate him to serve on the United States Court of Appeals.||”|
Floyd received a Unanimously Well Qualified rating from the American Bar Association. He had a hearing before the Senate Judiciary Committee on April 13, 2011, and you can find his Committee Questionnaire available here and his Questions for the Record available here.
District of South Carolina
On the recommendation of U.S. Senator Lindsey Graham, Floyd was nominated by President George W. Bush on May 15, 2003, to a seat vacated by Dennis Shedd. Floyd was confirmed by the U.S. Senate on September 22, 2003, on a voice vote and received commission on September 24, 2003.
Challenge to Virginia ban on same-sex marriage (2014)United States Court of Appeals for the Fourth Circuit (Bostic v. Rainey, et al, No. 14-1173)
Judge Henry Floyd wrote the 2-1 opinion affirming the Eastern District of Virginia's ruling that found a ban on same-sex marriages to be unconstitutional. Judge Roger Gregory joined the majority opinion and Paul Niemeyer wrote the dissent. The majority found the defendants arguments that the law protected responsible procreation, proper child-rearing and the tradition of marriage, to be in violation of the Fourteenth Amendment's Due Process and Equal Protection Clauses. Judge Floyd wrote in conclusion:
|“||We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life. It allows individuals to celebrate and publicly declare their intentions to form lifelong partnerships, which provide unparalleled intimacy, companionship, emotional support, and security. The choice of whether and who to marry is an intensely personal decision that alters that course of an individual's life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.||”|
In dissent, Judge Paul Niemeyer wrote that the United States Constitution does not explicitly define fundamental right for same-sex marriages it should be left to the States to decided if it should be recognized or not. He wrote:
|“||The U.S. Constitution does not, in my judgement, restrict the States' policy choices on this issue. If given the choice, some States will surely recognize same-sex marriage and some will surely not. But that is, to be sure, the beauty of federalism.||”|
- Judge Floyd's Biography from the Federal Judicial Center
- WhiteHouse.gov, The White House, "Floyd Nomination Release," January 26, 2011
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- Senate Judiciary Committee, "112th Congress Confirmation Materials," accessed July 28, 2014
- United States Court of Appeals for the Fourth Circuit, "Bostic v. Rainey," July 28, 2014
|Vacancy Count by Congress|
|Vacancy Count by Year||Federal Vacancy Warning System: 2009 • Federal Vacancy Warning System: 2010 • Federal Vacancy Warning System: 2011 • Federal Vacancy Warning System: 2012|