Edward Earl Carnes
Encyclopedia
Edward Earl Carnes is a judge on the United States Court of Appeals for the Eleventh Circuit
.
in 1972. He received his J.D.
from Harvard Law School
in 1975. After law school, he accepted a position as an assistant state attorney general for the state of Alabama
, where he served from 1975 to 1992.
From 1981 to 1992 he served as the Chief of the Capital Punishment and Post-Conviction Litigation Division of the Alabama State Attorney General's Office. As the head of Alabama capital punishment unit, Carnes became, according to the National Law Journal, “the premier death penalty advocate in the country and a chief adviser on capital punishment to judges, the U.S. Justice Department and other prosecutors.” Carnes re-wrote Alabama’s death penalty statute, and defended its use before the Supreme Court of the United States
on three occasions, including Beck v. Alabama, 477 U.S. 625.
His ascendancy to the bench created a hole in the capital punishment unit, leading an Alabama appellate judge to lament that the state had lost a “very effective voice in support of executions in this state.”
on January 27, 1992 for the United States Court of Appeals for the Eleventh Circuit
to a seat vacated by Frank Minis Johnson
. To Carnes’ opponents, he was a poor choice to succeed Judge Johnson, a hero of the civil rights movement who had declared that the segregated buses of Montgomery, Alabama
were illegal. Some compared replacing Johnson with Carnes to Bush’s earlier decision to replace Thurgood Marshall
with Clarence Thomas
. Nonetheless, his nomination might have sailed through the Senate if not for the Rodney King
incident, which encouraged Senate Democrats to use Carnes’ nomination as a chance to stump against racism in the criminal justice system.
Critics blasted Carnes for defending Alabama prosecutors accused of systematically excluding blacks from death penalty trial juries. Carnes’ supporters responded that as a prosecutor, Carnes had engaged in a campaign to eliminate racial discrimination in jury selection even before the Supreme Court had become involved in the issue. They noted that, when selected by the judges of the state to prosecute judicial misconduct, Carnes had sought sanctions against sixteen sitting judges, including two thrown off the bench for racist remarks. He also sought a venue change to a county with a higher black population for the retrial of a twice-convicted black defendant accused of brutally murdering a white.
Prominent southern civil rights lawyers were split over the nomination. Stephen Bright, director of the Southern Center for Human Rights, testified against the nomination, and lambasted the Senate’s decision to confirm Carnes to the bench. But Morris Dees
, cofounder of the Southern Poverty Law Center
and Carnes’ frequent adversary, went door-to-door among Senate Democrats, fighting on behalf of Carnes. The two Democratic senators from Alabama both supported his nomination, as did the attorneys general of each of the states comprising the Eleventh Circuit.
After eight months and a Democratic filibuster, Carnes was confirmed by the United States Senate
on September 9, 1992 by a vote of 62 for and 36 against. He received his commission the following day.
Carnes' wry humor sometimes earns comparisons to Judge Alex Kozinski
on the United States Court of Appeals for the Ninth Circuit
. However, a better comparison may be to former Supreme Court Justice Oliver Wendell Holmes, Jr.
, who, like Carnes, regularly used allusions and metaphors, often to justify deference to the legislature. Judge Carnes would probably find the comparison to Justice Holmes flattering. He has referenced Holmes by name in more than twenty-five written opinions. Judge Carnes occasionally gives speeches on effective writing and on metaphors in the law, including recent speeches to Emory Law School students on November 2, 2011, and University of Georgia Law School 1L students on January 28, 2010.
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
.
Background
Carnes received his B.S. from the University of AlabamaUniversity of Alabama
The University of Alabama is a public coeducational university located in Tuscaloosa, Alabama, United States....
in 1972. He received his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1975. After law school, he accepted a position as an assistant state attorney general for the state of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, where he served from 1975 to 1992.
From 1981 to 1992 he served as the Chief of the Capital Punishment and Post-Conviction Litigation Division of the Alabama State Attorney General's Office. As the head of Alabama capital punishment unit, Carnes became, according to the National Law Journal, “the premier death penalty advocate in the country and a chief adviser on capital punishment to judges, the U.S. Justice Department and other prosecutors.” Carnes re-wrote Alabama’s death penalty statute, and defended its use before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on three occasions, including Beck v. Alabama, 477 U.S. 625.
His ascendancy to the bench created a hole in the capital punishment unit, leading an Alabama appellate judge to lament that the state had lost a “very effective voice in support of executions in this state.”
Nomination and confirmation
Carnes was nominated by George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
on January 27, 1992 for the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
to a seat vacated by Frank Minis Johnson
Frank Minis Johnson
Frank Minis Johnson, Jr. was a United States Federal judge, made a number of landmark civil rights rulings that helped end segregation in the South...
. To Carnes’ opponents, he was a poor choice to succeed Judge Johnson, a hero of the civil rights movement who had declared that the segregated buses of Montgomery, Alabama
Montgomery, Alabama
Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...
were illegal. Some compared replacing Johnson with Carnes to Bush’s earlier decision to replace Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
with Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
. Nonetheless, his nomination might have sailed through the Senate if not for the Rodney King
Rodney King
Rodney Glen King is an American best known for his involvement in a police brutality case involving the Los Angeles Police Department on March 3, 1991...
incident, which encouraged Senate Democrats to use Carnes’ nomination as a chance to stump against racism in the criminal justice system.
Critics blasted Carnes for defending Alabama prosecutors accused of systematically excluding blacks from death penalty trial juries. Carnes’ supporters responded that as a prosecutor, Carnes had engaged in a campaign to eliminate racial discrimination in jury selection even before the Supreme Court had become involved in the issue. They noted that, when selected by the judges of the state to prosecute judicial misconduct, Carnes had sought sanctions against sixteen sitting judges, including two thrown off the bench for racist remarks. He also sought a venue change to a county with a higher black population for the retrial of a twice-convicted black defendant accused of brutally murdering a white.
Prominent southern civil rights lawyers were split over the nomination. Stephen Bright, director of the Southern Center for Human Rights, testified against the nomination, and lambasted the Senate’s decision to confirm Carnes to the bench. But Morris Dees
Morris Dees
Morris Seligman Dees, Jr. is the co-founder and chief trial counsel for the Southern Poverty Law Center , and a former direct mail marketeer for book publishing. Along with his law partner, Joseph J...
, cofounder of the Southern Poverty Law Center
Southern Poverty Law Center
The Southern Poverty Law Center is an American nonprofit civil rights organization noted for its legal victories against white supremacist groups; legal representation for victims of hate groups; monitoring of alleged hate groups, militias and extremist organizations; and educational programs that...
and Carnes’ frequent adversary, went door-to-door among Senate Democrats, fighting on behalf of Carnes. The two Democratic senators from Alabama both supported his nomination, as did the attorneys general of each of the states comprising the Eleventh Circuit.
After eight months and a Democratic filibuster, Carnes was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on September 9, 1992 by a vote of 62 for and 36 against. He received his commission the following day.
Writing style
Judge Carnes has a precise yet folksy writing style, often engaging in wordplay and the use of literary allusions. He has been described as "one of the more talented writers on the federal appellate bench."Carnes' wry humor sometimes earns comparisons to Judge Alex Kozinski
Alex Kozinski
Alex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. However, a better comparison may be to former Supreme Court Justice Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
, who, like Carnes, regularly used allusions and metaphors, often to justify deference to the legislature. Judge Carnes would probably find the comparison to Justice Holmes flattering. He has referenced Holmes by name in more than twenty-five written opinions. Judge Carnes occasionally gives speeches on effective writing and on metaphors in the law, including recent speeches to Emory Law School students on November 2, 2011, and University of Georgia Law School 1L students on January 28, 2010.