Henry Franklin Floyd
Encyclopedia
Henry Franklin Floyd is a United States Circuit Judge
, currently serving on the United States Court of Appeals for the Fourth Circuit
.
, Floyd received a B.A.
from Wofford College
in 1970 and a J.D.
from the University of South Carolina School of Law
in 1973.
from 1972 to 1978. He was elected as a Democrat
.
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.
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.
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. Graham had previously recommended that Floyd be elevated to the Fourth Circuit during the Bush Administration, but the recommendation was rejected due to Floyd's ruling in the Padilla case.
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.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
, currently serving on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
.
Early life and education
Born in Brevard, North CarolinaBrevard, North Carolina
Brevard is a town in Transylvania County, North Carolina, United States. The 2005 population estimate by the United States Census Bureau was 6,643. It is the county seat of Transylvania County....
, Floyd received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Wofford College
Wofford College
Established in 1854 and related to the United Methodist Church, Wofford College is an independent, Phi Beta Kappa liberal arts college of 1,525 students located in downtown Spartanburg, South Carolina, United States. The historic campus is recognized as a national arboretum and features “The...
in 1970 and a 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 the University of South Carolina School of Law
University of South Carolina School of Law
The University of South Carolina School of Law, also known as South Carolina Law or SC Law, is one of the professional schools of the University of South Carolina. South Carolina Law was founded in 1867 in Columbia, South Carolina and is the only public and non-profit law school in the state of...
in 1973.
Professional career
Floyd served in the South Carolina House of RepresentativesSouth Carolina House of Representatives
The South Carolina House of Representatives is the lower house of the South Carolina General Assembly, the upper house being the South Carolina Senate. It consists of 124 Representatives elected to two year terms at the same time as US Congressional elections...
from 1972 to 1978. He was elected as a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
.
Floyd was in private practice in South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
from 1973 to 1992. He was a Circuit judge, Thirteenth Judicial Circuit Court of South Carolina from 1992 to 2003.
Service on the federal district court
On May 15, 2003, Floyd was nominated by President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to a seat on the United States District Court for the District of South Carolina
United States District Court for the District of South Carolina
The United States District Court for the District of South Carolina is the federal district court whose jurisdiction is the state of South Carolina...
vacated by Dennis W. Shedd. Floyd 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 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
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
.
In 2005, Floyd ruled that Bush did not have the authority to hold Padilla as an enemy combatant.
Nomination to the Fourth Circuit
On January 26, 2011, President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
nominated Floyd to serve on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. Floyd was recommended by Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Senator Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
and Democratic Representatives Jim Clyburn
Jim Clyburn
James Enos "Jim" Clyburn is the U.S. Representative for , serving since 1993, and the Assistant Democratic Leader since 2011. He was previously House Majority Whip, serving in that post from 2007 to 2011. He is a member of the Democratic Party...
and John Spratt. Graham had previously recommended that Floyd be elevated to the Fourth Circuit during the Bush Administration, but the recommendation was rejected due to Floyd's ruling in the Padilla case.
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.