James Harvie Wilkinson III
Encyclopedia
James Harvie Wilkinson III (born September 29, 1944) is a federal judge
serving on the Fourth Circuit Court of Appeals. His name has been raised at several junctures in the past as a possible nominee to the United States Supreme Court.
, and graduated from the Lawrenceville School
and with honors from Yale University
in 1967, where he was a member of St. Anthony Hall
and, the Chairman of the Conservative Party of the Yale Political Union
, and the President of the Political Union. He served in the Army from 1968–1969, and in 1970, Wilkinson made an unsuccessful bid for a Virginia
seat in the U.S. House of Representatives, running as a Republican. He then attended the University of Virginia
's law school
, graduating in 1972. From 1972-1973, he served as a law clerk
to Supreme Court Justice Lewis F. Powell, an experience about which he wrote a book. His clerkship was followed by five years as an Associate professor at the University of Virginia School of Law
, and three years working as an editor for Norfolk's
The Virginian-Pilot
. In 1982, he was given a position in the Civil Rights Division of the U.S. Department of Justice.
. Wilkinson was confirmed by the United States Senate
on August 9, 1984 by a vote of 58-39.
From 1996-2003, he served as chief judge on that court. In 2003, Wilkinson wrote the majority opinion upholding the right of the United States government to detain Yaser Esam Hamdi
indefinitely without access to counsel or a court. Hamdi was a U.S. citizen captured during the U.S. invasion of Afghanistan
. The decision was overturned by the Supreme Court of the United States
.
With the announcement of Chief Justice Rehnquist's
illness in the fall of 2004, many commentators listed Wilkinson as a potential Bush nominee
to the Supreme Court. Wilkinson talked about his July interview with Bush in the New York Times, undermining his candidacy amongst the Bush inner circle.
In 2006, Wilkinson penned an article in the Washington Post, castigating both the left and right on the issue of gay marriage. He wrote that the "American constitutional tradition" has been a "chief casualty in the struggle over same-sex marriage" and that marriage should be regulated through ordinary legislative means rather than by being "constitutionalize[d]."
On June 24, 2008, Wilkinson authored a concurring opinion in Richmond Medical Center For Women v. Herring, which upheld the Virginia ban on partial-birth abortions. In his concurrence, he voiced a strong opposition to the practice of partial-birth abortions: "The fact is that we—civilized people—are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder."
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
serving on the Fourth Circuit Court of Appeals. His name has been raised at several junctures in the past as a possible nominee to the United States Supreme Court.
Early life and career
Wilkinson was born in New York, New York and raised in Richmond, VirginiaRichmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
, and graduated from the Lawrenceville School
Lawrenceville School
The Lawrenceville School is a coeducational, independent preparatory boarding school for grades 9–12 located on in the historic community of Lawrenceville, in Lawrence Township, New Jersey, U.S., five miles southwest of Princeton....
and with honors from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1967, where he was a member of St. Anthony Hall
St. Anthony Hall
St. Anthony Hall, also known as Saint Anthony Hall and The Order of St. Anthony, is a national college literary society also known as the Fraternity of Delta Psi at colleges in the United States of America. St...
and, the Chairman of the Conservative Party of the Yale Political Union
Yale Political Union
The Yale Political Union , a debate society now the largest student organization at Yale University, was founded in 1934 by Professor Alfred Whitney Griswold , to enliven the university's political culture of the time. It was modelled on the Cambridge Union Society and Oxford Union...
, and the President of the Political Union. He served in the Army from 1968–1969, and in 1970, Wilkinson made an unsuccessful bid for a Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
seat in the U.S. House of Representatives, running as a Republican. He then attended the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
's law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
, graduating in 1972. From 1972-1973, he served as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
to Supreme Court Justice Lewis F. Powell, an experience about which he wrote a book. His clerkship was followed by five years as an Associate professor at the University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
, and three years working as an editor for Norfolk's
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....
The Virginian-Pilot
The Virginian-Pilot
The Virginian-Pilot is a daily newspaper based in Norfolk, Virginia, and serving the Hampton Roads metropolitan area, southeastern Virginia, the Eastern Shore of Virginia, and northeastern North Carolina. The flagship property of Landmark Media Enterprises, The Pilot is Virginia's largest daily...
. In 1982, he was given a position in the Civil Rights Division of the U.S. Department of Justice.
Federal judgeship
On January 30, 1984, after a brief return to the University of Virginia School of Law, Wilkinson was nominated to the Fourth Circuit by Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
. Wilkinson 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 August 9, 1984 by a vote of 58-39.
From 1996-2003, he served as chief judge on that court. In 2003, Wilkinson wrote the majority opinion upholding the right of the United States government to detain Yaser Esam Hamdi
Yaser Esam Hamdi
Yaser Esam Hamdi is a now-former American citizen who was captured in Afghanistan in 2001. It is claimed by the U.S. government that he was fighting against U.S. and Afghan Northern Alliance forces with the Taliban...
indefinitely without access to counsel or a court. Hamdi was a U.S. citizen captured during the U.S. invasion of Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. The decision was overturned by 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...
.
With the announcement of Chief Justice Rehnquist's
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
illness in the fall of 2004, many commentators listed Wilkinson as a potential Bush nominee
Bush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
to the Supreme Court. Wilkinson talked about his July interview with Bush in the New York Times, undermining his candidacy amongst the Bush inner circle.
In 2006, Wilkinson penned an article in the Washington Post, castigating both the left and right on the issue of gay marriage. He wrote that the "American constitutional tradition" has been a "chief casualty in the struggle over same-sex marriage" and that marriage should be regulated through ordinary legislative means rather than by being "constitutionalize[d]."
On June 24, 2008, Wilkinson authored a concurring opinion in Richmond Medical Center For Women v. Herring, which upheld the Virginia ban on partial-birth abortions. In his concurrence, he voiced a strong opposition to the practice of partial-birth abortions: "The fact is that we—civilized people—are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder."
See also
- List of law clerks of the Supreme Court of the United States
- George W. Bush Supreme Court candidates