Floyd H. Roberts
Floyd H. Roberts | |
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Judge of the United States District Court for the Western District of Virginia | |
In office July 6, 1938 – February 6, 1939 | |
Appointed by | Franklin D. Roosevelt |
Preceded by | Seat established by 52 Stat. 584 |
Succeeded by | Armistead Mason Dobie |
Personal details | |
Born | Floyd Hurt Roberts March 29, 1879 Bristol, Virginia |
Died | January 29, 1967 | (aged 87)
Education | University of Virginia School of Law |
Floyd Hurt Roberts (March 29, 1879 – January 29, 1967) was a United States district judge of the United States District Court for the Western District of Virginia.
Education and career
Born on March 29, 1879, in Bristol, Virginia, Roberts attended the University of Virginia School of Law. He entered private practice in Bristol in 1904.[1]
Unsuccessful federal judicial nomination and recess appointment
Roberts received a recess appointment from President Franklin D. Roosevelt on July 6, 1938, to the United States District Court for the Western District of Virginia, to a new seat authorized by 52 Stat. 584. He was nominated to the same position by President Roosevelt on January 5, 1939. His service terminated on February 6, 1939, due to his resignation, after his nomination was rejected by the United States Senate that same day. He would otherwise have been eligible to continue serving until August 5, 1939, the day the first session of the 76th United States Congress adjourned.[1]
Circumstances of his nomination
Roosevelt reportedly "made the decision to nominate Roberts in order to discipline" Virginia's senators, Harry F. Byrd and Carter Glass "for their consistent opposition to the New Deal and in an effort to assure a friendly Virginia delegation to the 1940 Democratic convention."[2] In the "broader political context" of 1938, Roosevelt tried to oppose the renomination of Democrats who opposed his New Deal. The timing of the Roberts' nomination corresponded with Roosevelt's efforts across the board to reassert his authority over Democratic legislators.[3] At stake were not only the immediate prospects for Roosevelt's legislative agenda, but also the prospect of a future struggle over the presidential nomination in 1940, as Roosevelt sought to use federal patronage to woo Democratic supporters away from Democratic opponents of the New Deal, in Virginia and elsewhere.
Roberts had the support of Congressman
Virginian
As of February 6, 1939, the day of the Senate vote, "Judge Roberts was now out of a job, and the administration was seen as having suffered a stunning political defeat."[3] The day after the Senate vote, Roosevelt wrote and made public a lengthy letter to Roberts, declaring his thanks for "the honorable, efficient, and in every way praiseworthy service that you have rendered to the people of the United States in general and to the people of the Western District of Virginia in particular" and that "not one single person who has opposed your confirmation has lifted his voice in any shape, manner or form against your personal integrity and ability."[12]
Commenting on who might be nominated after Roberts by Roosevelt, Senator Glass predicted: "I think he'll send up a more objectionable one – if he can find it."
Death and legacy
Roberts died on January 27, 1967.[1] His wife also died by the end of the year.[citation needed] They are buried in Bristol's Mountain View Cemetery.[citation needed] A portrait of Judge Roberts hangs in the courtroom of the Circuit Court for the City of Bristol.[citation needed]
References
- ^ a b c Floyd H. Roberts at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ a b c Tulli, Daniel (2006), R. Walton Moore and Virginia Politics: 1933-1941 (PDF), archived from the original (PDF) on October 28, 2008, retrieved January 14, 2008
- ^ ISBN 0-300-08073-5.
- ^ ISBN 0-8139-0946-5.
- Virginia Supreme Court; Tavenner became U.S. Attorney for the Western District of Virginia, then counsel to the International Military Tribunal for the Far East, then counsel for the House Un-American Activities Committee, associated with the Hollywood blacklist.
- ^ ISBN 0-8369-5446-7.
- ^ a b "The Presidency: Glum Face". Time. August 13, 1951. Retrieved October 11, 2007.
- ^ "Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History" (PDF). Congressional Research Service. Retrieved October 11, 2007.
- ^ "Washington Merry-Go -Round -- 2/1/39" (PDF). WRLC. Archived from the original (PDF) on October 29, 2008. Retrieved October 11, 2007.
- ^ "Votes Other Than Favorably on Judicial Nominations, 1939-2003". Congressional Research Service. February 10, 2004. Retrieved October 11, 2007. According to this report, two of the 19 nominations that failed in the Senate between 1939 and 2003 were for seats on the Western District of Virginia, Roberts and William B. Poff in 1976.
- ^ "Confirmation of the Nomination of Floyd H. Roberts, of Virginia, to Be United States District Judge for the Western District of Virginia". VoteView.
- ^ "Franklin Roosevelt, Letter on the Role of the Senate in Confirming Presidential Appointments, Feb. 7, 1939". The American Presidency Project, UCSB. Retrieved January 13, 2008.
- ^ "National Affairs: Courtesy Fight". Time. February 13, 1939. Retrieved October 11, 2007.
Sources
- Floyd H. Roberts at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.