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Henry Floyd

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Henry Floyd

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United States Court of Appeals for the 4th Circuit (senior status)

Tenure

2021 - Present

Years in position

Prior offices

United States District Court for the District of South Carolina

United States Court of Appeals for the 4th Circuit

Education

Personal

Henry Franklin Floyd is a federal judge on senior status with the United States Court of Appeals for the 4th Circuit. He was nominated by President Barack Obama (D) in January 2011. Prior to his elevation to the Fourth Circuit, 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 (R).^[1]

Floyd assumed senior status with the 4th Circuit on December 31, 2021.^[2]

Early life and education

A North Carolina native, Floyd graduated from Wofford College with his bachelor's degree in 1970. He went on to earn his J.D. from the University of South Carolina School of Law in 1973.^[1]

Professional career

1992-2003: Judge, 13th Judicial Circuit, South Carolina
1986-1992: County attorney, Pickens County, South Carolina
1973-1992: Private practice, Pickens, S.C.
1972-1978: State representative, South Carolina House of Representatives

Judicial nominations and appointments

Fourth Circuit Court of Appeals (2011-present)

Nomination Tracker

Nominee Information
Name: Henry Floyd
Court: United States Court of Appeals for the 4th Circuit
Progress
Confirmed 250 days after nomination.
Nominated: January 26, 2011
ABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
Hearing: April 13, 2011
Hearing Transcript: Hearing Transcript
QFRs: QFRs (Hover over QFRs to read more)

Reported: May 12, 2011
Confirmed: October 3, 2011
Vote: 96-0

Floyd was nominated for elevation to the United States Court of Appeals for the 4th Circuit on January 26, 2011, by President Barack Obama (D) 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.^[3]^[4]

”

Floyd assumed senior status on December 31, 2021.^[2]

The American Bar Association rated Floyd Unanimously Well Qualified for the nomination.^[5] Hearings on Floyd's nomination were held before the United States Senate Committee on the Judiciary on April 13, 2011, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on May 12, 2011. Floyd was confirmed on a 96-0 recorded vote of the U.S. Senate on October 3, 2011, and he received his commission on October 5, 2011.^[1]^[6]

District of South Carolina (2003-2011)

Floyd was nominated by President George W. Bush (R) on May 15, 2003, to a seat vacated by Dennis Shedd. The American Bar Association rated Floyd Unanimously Well Qualified for the nomination.^[7] Hearings on Floyd's nomination were held before the Senate Judiciary Committee on July 30, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on September 4, 2003. Floyd was confirmed on a 89-0 recorded vote of the U.S. Senate on September 22, 2003, and he received his commission on September 24, 2003. Floyd resigned from the district court on October 6, 2011, upon his elevation to the Fourth Circuit.^[1]^[8] He was succeeded in his district court position by Judge Mary Geiger Lewis.

Noteworthy cases

Challenge to Virginia ban on same-sex marriage (2014)

See also: United States Court of Appeals for the 4th 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 defendant's 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.^[9]^[4]

”

In dissent, Judge Paul Niemeyer wrote that the United States Constitution does not explicitly define fundamental rights for same-sex marriages and that it should be left to the states to decide 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.^[9]^[4]

”