Morris S. Arnold
Encyclopedia
Morris Sheppard "Buzz" Arnold (born 1941) is a senior-status jurist of the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

. A 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...

, he was appointed to the appeals court by U.S. President George Herbert Walker Bush. His tenure began on June 1, 1992. For his first twelve years, until 2004, he served on the court alongside his older brother, Richard S. Arnold
Richard S. Arnold
Richard Sheppard Arnold was a judge of the U.S. District Court and then the U.S. Court of Appeals for the Eighth Circuit. Two presidents, Richard M. Nixon and Bill Clinton, considered naming Arnold to the United States Supreme Court...

, 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...

 appointed by President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

. Richard Arnold died of an infection while he was afflicted with long-term lymphoma
Lymphoma
Lymphoma is a cancer in the lymphatic cells of the immune system. Typically, lymphomas present as a solid tumor of lymphoid cells. Treatment might involve chemotherapy and in some cases radiotherapy and/or bone marrow transplantation, and can be curable depending on the histology, type, and stage...

. Because of new federal nepotism
Nepotism
Nepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....

 rules, two brothers are unlikely to serve again simultaneously on the same federal court in the future.

Early years and education

Arnold was born in
Texarkana
Texarkana, Texas
Texarkana is a city in Bowie County, Texas, United States. It effectively functions as one half of a city which crosses a state line — the other half, the city of Texarkana, Arkansas, lies on the other side of State Line Avenue...

, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

, the son of Mr. and Mrs. Richard Lewis Arnold. He was a maternal grandson of U.S. Senator Morris Sheppard
Morris Sheppard
John Morris Sheppard was a Democratic United States Congressman and United States Senator from Texas. He authored the Eighteenth Amendment and introduced it in the Senate, so that he is referred to as "the father of national Prohibition."-Biography:John Morris Sheppard was born in Morris County...

, a powerful Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 Democrat, also from Texarkana, who served from 1913 until his death in 1941.

Like his brother, Arnold attended Phillips Exeter Academy
Phillips Exeter Academy
Phillips Exeter Academy is a private secondary school located in Exeter, New Hampshire, in the United States.Exeter is noted for its application of Harkness education, a system based on a conference format of teacher and student interaction, similar to the Socratic method of learning through asking...

 in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

, graduating in 1959. Thereafter, he received a bachelor of science
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...

 degree in electrical engineering
Electrical engineering
Electrical engineering is a field of engineering that generally deals with the study and application of electricity, electronics and electromagnetism. The field first became an identifiable occupation in the late nineteenth century after commercialization of the electric telegraph and electrical...

 in 1965 from the University of Arkansas
University of Arkansas
The University of Arkansas is a public, co-educational, land-grant, space-grant, research university. It is classified by the Carnegie Foundation as a research university with very high research activity. It is the flagship campus of the University of Arkansas System and is located in...

 in Fayetteville
Fayetteville, Arkansas
Fayetteville is the county seat of Washington County, and the third largest city in Arkansas. The city is centrally located within the county and is home to the University of Arkansas. Fayetteville is also deep in the Boston Mountains, a subset of The Ozarks...

. He then attended the University of Arkansas School of Law
University of Arkansas School of Law
The University of Arkansas School of Law is the law school of the University of Arkansas in Fayetteville, Arkansas, a state university. It has around 445 students enrolled in its Juris Doctor and Master of Law programs and is home to the federally-funded National Agricultural Law Center and the...

 in Fayetteville, having received the LL.B in 1968. He received master of laws (LL.M), and doctor of juridical science (SJD) degrees from Harvard University Law School in Cambridge
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...

, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

, in 1969 and 1971, respectively. Arnold was a member of Sigma Pi
Sigma Pi
Sigma Pi is an international college secret and social fraternity founded in 1897 at Vincennes University. Sigma Pi International fraternity currently has 127 chapters and 4 colonies in the United States and Canada and is headquartered in Brentwood, Tennessee...

 at the University of Arkansas.

Law professor Arnold

Arnold practiced law briefly in Texarkana, Arkansas
Texarkana, Arkansas
As of the census of 2000, there were 26,448 people, 10,384 households, and 7,040 families residing in the city. The population density was 830.5 people per square mile . There were 11,721 housing units at an average density of 368.1 per square mile...

, in 1968, but he was primarily a law professor prior to his two court appointments. He was professor at Indiana University School of Law
Indiana University Maurer School of Law
The Indiana University Maurer School of Law is located on the flagship campus of Indiana University in Bloomington, Indiana. The law school is one of two law schools operated by the Indiana University system, the other being the Indiana University McKinney School of Law...

 in Bloomington
Bloomington, Indiana
Bloomington is a city in and the county seat of Monroe County in the southern region of the U.S. state of Indiana. The population was 80,405 at the 2010 census....

 from 1971-1977. He was then the university vice president and professor at the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...

 from 1977–1981, when he returned to Arkansas as a professor at the William H. Bowen School of Law at the University of Arkansas at Little Rock
University of Arkansas at Little Rock
University of Arkansas at Little Rock , is a public research university located in Little Rock, Arkansas, United States, and the second largest university by enrollment in the state of Arkansas....

 from 1981 to 1984. He also practiced privately in Little Rock during those same years.

He was a special chief justice of the Arkansas Supreme Court
Arkansas Supreme Court
The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice...

 in 1982 and special master of the Pulaski County Chancery Court in 1983. He returned to Pennsylvania for the 1984-1985 year. In 1985, he was a visiting professor at Stanford University Law School in Palo Alto
Palo Alto, California
Palo Alto is a California charter city located in the northwest corner of Santa Clara County, in the San Francisco Bay Area of California, United States. The city shares its borders with East Palo Alto, Mountain View, Los Altos, Los Altos Hills, Stanford, Portola Valley, and Menlo Park. It is...

, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

, and the dean, once again, of Indiana University Law School that same year, a position that he soon vacated.

Republican Party chairman

In 1982, Arnold was elected chairman of the Arkansas Republican Party with the support of defeated Governor Frank D. White
Frank D. White
Frank Durward White was the 41st Governor of the U.S. state of Arkansas since Reconstruction. He served a single two-year term from 1981 to 1983. He is one of only two people to have defeated President Bill Clinton in an election. Frank Durward White (June 4, 1933 – May 21, 2003) was...

. Earlier, Arnold had considered opposing White in the gubernatorial primary on grounds that the governor had alienated too many moderate Republicans and African Americans to be able to win another general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

. Arnold succeeded the temporary chairman Robert "Bob" Cohee, who had taken the party helm in March 1982, on the death of Harlan H. "Bo" Holleman
Harlan Holleman
Harlan Harmon "Bo" Holleman was a farmer and seed merchant from Wynne, the seat of Cross County in eastern Arkansas, and a pioneer in the development of the modern Republican Party in his home state. He was the Arkansas state GOP chairman from December 6, 1980, until his death some sixteen months...

 of Wynne
Wynne, Arkansas
Wynne is the county seat and largest city of Cross County, Arkansas, United States. The population was 8,615 at the 2000 Census. Nestled between the Arkansas Delta and Crowley's Ridge, Wynne is home to the largest state park in Arkansas, Village Creek State Park.-Geography:Wynne lies at , the...

 in Cross County in eastern Arkansas. White was defeated in the fall campaign by former Governor Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

, a favorite of Judge Richard Arnold.

In a secret ballot on December 4, 1982, the Republican State Central Committee chose Arnold over Cohee. Arnold gained the support not only of outgoing Governor White but sitting U.S. Representatives John Paul Hammerschmidt
John Paul Hammerschmidt
John Paul Hammerschmidt is an American politician from the U.S. state of Arkansas. A Republican, Hammerschmidt served for thirteen terms in the U.S. House of Representatives from the northwestern Arkansas district before he retired in 1993...

 and Edwin Bethune. Cohee had resigned a position as deputy director of the Arkansas Housing Development Agency in Little Rock to serve as a full-time unpaid chairman during the election. The exact vote of the 119 delegates was not released. Cohee said that he would have not sought a full term as chairman had he known that White, Hammerschmidt, and Bethune preferred Arnold. State Representative
Arkansas House of Representatives
The Arkansas House of Representatives is the lower house of the Arkansas General Assembly, the state legislature of the U.S. state of Arkansas. The House is composed of 100 members elected from an equal amount of constituencies across the state. Each district has an average population of 26,734...

 Carolyn Pollan
Carolyn Pollan
Carolyn Joan Clark Pollan is an American politician and former Republican member of the Arkansas House of Representatives who served for twelve consecutive two-year terms from 1975-1999 from a portion of Sebastian County, which includes the state's second largest city of Fort Smith...

 of Fort Smith nominated Arnold, whom she called a "bringer-together, a unifier" who would offer "strong leadership". Arnold said that he would "like to be the guy that calls Bill Clinton out if he fails to keep his promises." Arnold retained his professorship and was a parttime chairman. He vowed to seek black support for the Arkansas GOP, much as the late Governor Winthrop Rockefeller
Winthrop Rockefeller
Winthrop Rockefeller was a politician and philanthropist who served as the first Republican Governor of Arkansas since Reconstruction. He was a third-generation member of the Rockefeller family.-Early life:...

 had done in the 1960s, but he admitted that it would be difficult to draw African Americans from Clinton. At any rate, Pollan and other Republicans hoped that Arnold could bridge the gulf in the party between the former Rockefeller backers, such as herself, and the more active Reagan people, such as White and former gubernatorial candidate Ken Coon
Ken Coon
Kenneth Lloyd "Ken" Coon, Sr. , is a Little Rock educator, professional psychologist, and counselor who was also a pioneer in the development of the Republican Party in the U.S. state of Arkansas. He was the GOP state chairman from 1988—1990...

.

Reagan-Bush appointee

On October 23, 1985, President Ronald W. Reagan nominated Morris Arnold to a new seat as judge of the United States District Court for the Western District of Arkansas
United States District Court for the Western District of Arkansas
The United States District Court for the Western District of Arkansas is a United States District Court whose jurisdiction comprises the following counties: Ashley, Baxter, Benton, Boone, Bradley, Calhoun, Carroll, Clarke, Columbia, Crawford, Franklin, Garland, Hempstead, Hot Springs, Howard,...

, based in Fort Smith
Fort Smith, Arkansas
Fort Smith is the second-largest city in Arkansas and one of the two county seats of Sebastian County. With a population of 86,209 in 2010, it is the principal city of the Fort Smith, Arkansas-Oklahoma Metropolitan Statistical Area, a region of 298,592 residents which encompasses the Arkansas...

, the second largest Arkansas city. The Senate confirmed his nomination on December 16, and he received his commission on December 17.

Arnold left the district court in 1992 to assume a judgeship on the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

, which is based in St. Louis
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...

. Because the court works in three-judge panels, Arnold primarily operates from Little Rock. Bush had nominated Arnold on November 6, 1991. On October 9, 2006, Arnold assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...

, meaning his workload was reduced with greater opportunity to concentrate in detail on fewer cases.

Two major Arnold cases

Arnold wrote a 2001 opinion that a life sentence for selling a small amount of crack cocaine
Crack cocaine
Crack cocaine is the freebase form of cocaine that can be smoked. It may also be termed rock, hard, iron, cavvy, base, or just crack; it is the most addictive form of cocaine. Crack rocks offer a short but intense high to smokers...

 constituted "cruel and unusual punishment" in violation of the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...

 to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

. "It is unusual for any court to find that a sentence violates the Eighth Amendment," said the attorney J. Thomas Sullivan of Little Rock, a professor of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 at UALR's William H. Bowen School of Law. Sullivan represented defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 Grover Henderson before the Eighth Circuit Court of Appeals at St. Louis. Arnold's decision reversed U.S. District Judge James M. Moody's refusal to dismiss Henderson's 1996 petition for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

.

As part of another three-judge panel, Judge Arnold declared Arkansas' donor limits on campaign contributions to be "unconstitutionally low." The ruling struck down the state's Initiated
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...

 Act 1 of 1996 which was passed by two-thirds of those voting on the issue. The initiative sought to limit contributions to $300 per election for state constitutional offices and $100 per election for other state and local races.

Morris declared the limits an infringement on the public's First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 right to contribute financially to a candidate of one's choice. The judges also ruled that a provision in the law allowing small-donor Political Action Committees to contribute more per election than other such committees violated the equal protection clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...

 of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

.

Judge Arnold today

Though he remains on the court, Arnold's successor is Bobby E. Shepherd of El Dorado
El Dorado, Arkansas
El Dorado , a multi-cultural arts center: South Arkansas Arts Center , an award-winning renovated downtown, and numerous sporting, shopping, and dining opportunities. El Dorado is the population, cultural, and business center of the 7,300 mi² regional area...

 in southern Arkansas, the nominee of President George W. Bush
George 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....

. Shepherd had previously served as a United States magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 in the Western District of Arkansas based in Fort Smith.

Arnold maintains a keen interest in the study of history
History
History is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians...

, particularly Arkansas history, which he insists needs more emphasis in public schools. He has long worked with the Arkansas History Commission on various initiatives.

Arnold and his wife, the former Gail Kwaak, live in Little Rock. Coincidentally, Richard Arnold's first wife was named "Gale", the former Gale Hussman of Camden
Camden, Arkansas
Camden is a city in and the county seat of Ouachita County in the southern part of the U.S. state of Arkansas. Long an area of American Indians villages, the French also made a permanent settlement here because of its advantageous location above the Ouachita River. According to 2007 Census...

.

Within a month of taking senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...

, Judge Arnold was stricken by a heart attack while he was on court business in St. Louis. He underwent successful stent
Stent
In the technical vocabulary of medicine, a stent is an artificial 'tube' inserted into a natural passage/conduit in the body to prevent, or counteract, a disease-induced, localized flow constriction. The term may also refer to a tube used to temporarily hold such a natural conduit open to allow...

surgery.
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