Henry Franklin Floyd
|Judge of the United States Court of Appeals for the Fourth Circuit|
October 5, 2011
|Appointed by||Barack Obama|
|Preceded by||Karen Williams|
|Judge of the United States District Court for the District of South Carolina|
September 24, 2003 – October 5, 2011
|Appointed by||George W. Bush|
|Preceded by||Dennis Shedd|
|Succeeded by||Mary Lewis|
November 5, 1947 |
Brevard, North Carolina, U.S.
|Alma mater||Wofford College
University of South Carolina, Columbia
Henry Franklin Floyd (born November 5, 1947) is a United States Circuit Judge, currently serving on the United States Court of Appeals for the Fourth Circuit.
Early life and education
Floyd was in private practice in South Carolina from 1973 to 1992. He was a Circuit judge, Thirteenth Judicial Circuit Court of South Carolina from 1992 to 2003.
Federal judicial service
Service on District Court for the District of South Carolina
On May 15, 2003, Floyd was nominated by President George W. Bush to a seat on the United States District Court for the District of South Carolina vacated by Dennis W. Shedd. Floyd was confirmed by the United States Senate on September 22, 2003, and received his commission on September 24, 2003.
Floyd presided over the case of José Padilla, a United States citizen detained by President Bush as an enemy combatant. In 2005, Floyd ruled that Bush did not have the authority to hold Padilla as an enemy combatant.
Service on Fourth Circuit
On January 26, 2011, President Barack Obama nominated Floyd to serve on the United States Court of Appeals for the Fourth Circuit. Floyd was recommended by Republican Senator Lindsey Graham and Democratic Representatives Jim Clyburn and John Spratt.
The United States Senate confirmed Floyd to the Fourth Circuit on October 3, 2011 in a 96-0 vote. He received his commission on October 5, 2011.
On 28 July 2014, Floyd, in a 2-1 ruling joined by Judge Roger Gregory, struck down Virginia's ban on same-sex marriage as unconstitutional. He argued that "Neither Virginia’s federalism-based interest in defining marriage nor our respect for the democratic process that codified that definition can excuse the Virginia Marriage Laws’ infringement of the right to marry...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."
- South Carolina Judicial Department: Judge Henry F. Floyd
- "Henry F. Floyd nominated to appellate court". Class Notes: University of South Carolina School of Law. January 2011. Retrieved January 31, 2011.
- "For 4th Circuit, Obama Nominates Judge Who Ruled in Padilla Case". The National Law Journal. January 27, 2011. Retrieved January 31, 2011.
- Ingram, David (January 26, 2011). "Obama Nominates Judge Who Ruled in Padilla Case". The Blog of Legal Times. Retrieved January 31, 2011.
- Rosen, James (January 27, 2011). "Obama nominates S.C. federal judge to appellate court". The Miami Herald. Retrieved January 31, 2011.
- Gerstein, Josh (28 July 2014). "Court: Virginia same-sex marriage ban unconstitutional". Politico. Retrieved 28 July 2014.
- UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. "No. 14-1167" (PDF). UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. Retrieved 28 July 2014.
- Henry Franklin Floyd at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
|Judge of the United States District Court for the District of South Carolina
|Judge of the United States Court of Appeals for the Fourth Circuit