Floyd H. Roberts
Encyclopedia
Floyd H. Roberts was a Virginia lawyer, state court judge, and, briefly, a United States federal judge
, whose nomination after a recess appointment was rejected overwhelmingly by the United States Senate
.
A graduate of the law school of the University of Virginia
, Roberts practiced law in Bristol, Virginia
. Prior to his federal appointment, he served as Commonwealth's Attorney
and, from September 5, 1914, judge of the Corporation Court of the City of Bristol.
Franklin D. Roosevelt
gave Roberts a recess appointment
on July 6, 1938 to the new second seat on the United States District Court for the Western District of Virginia
, and in January 1939 sent his nomination for the position to the Senate. As one author has explained, Roosevelt "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." In the "broader political context" of 1938, Roosevelt tried in that year to oppose the renomination of Democrats who opposed his New Deal, and the timing of the Roberts' nomination corresponded with Roosevelt's efforts across the board to reassert his authority over Democratic legislators. 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 John W. Flannagan, Jr.
, but the two Virginia senators, Harry F. Byrd
and Carter Glass
, both disapproved the selection of Roberts. They preferred another state court judge, A.C. Buchanan
, or assistant U.S. Attorney Frank S. Tavenner, Jr.
, among others seeking the position. Months prior, Roosevelt had engaged in some controversial discussion over who should have "veto power" over federal appointments in Virginia, suggesting that newly-elected Governor James H. Price
should have that power. This discussion with the White House was made public in March 1938 by Charles J. Harkrader, a member of the Senate of Virginia
and publisher of the Bristol Herald-Courier, the daily newspaper in Judge Roberts' hometown. In response to the objection from Senator Glass that he had not been consulted over Roberts' selection, Roosevelt responded "that he was happy to consult Glass, but reserved the right to consult others, including, if he wished, 'Nancy Astor, the Duchess of Windsor, the WPA
, a Virginia moonshiner, Governor Price or Charlie McCarthy.'"
Virginian R. Walton Moore
, a former Congressman and president of the Virginia Bar Association
, then serving as Counselor in the State Department, "led the administration's effort to secure" the Roberts nomination, but Moore badly underestimated the vigor of the opposition from Glass and Byrd. Senator Glass, in his remarks before the Senate, declared that the nomination of Roberts was "personally obnoxious" to him, the magic words that guaranteed the denial of confirmation. At Roberts' confirmation hearing, the witnesses testifying to his qualifications included Governor Price, former governors Westmoreland Davis
and E. Lee Trinkle, and the head of the Virginia Bar Association
. The Judiciary Committee recommended against confirming Roberts, by vote of 14-3, "on the grounds that his nomination was 'personally offensive' to the two Virginia Senators." The Senate vote against Roberts was 72-9, with Harry S. Truman
among other Democrats siding with Glass and against Roosevelt. Commenting on Roosevelt's position, Senator Glass declared: "Ninety-six Senators have the right of veto over Presidential nominations in specified cases, and on last Monday seventy-two of them exercised their right of veto on the President's nominee for Judge of the Western District of Virginia."
As of February 6, 1939, the day of the Senate vote, "Judge Roberts, who had resigned his state judgeship to take the recess appointment, was now out of a job, and the administration was seen as having suffered a stunning political defeat." 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."
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." Roosevelt solved the problem of filling the judgeship by naming the dean of the University of Virginia Law School, Armistead Mason Dobie
, then state court judge Alfred D. Barksdale
, to the position. Roberts returned to private practice in Bristol, and litigated cases as counsel before his successors as judge in both state and federal court.
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....
, whose nomination after a recess appointment was rejected overwhelmingly 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...
.
A graduate of the law school of the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
, Roberts practiced law in Bristol, Virginia
Bristol, Virginia
Bristol is an independent city in Virginia, United States, bounded by Washington County, Virginia, Bristol, Tennessee, and Sullivan County, Tennessee....
. Prior to his federal appointment, he served as Commonwealth's Attorney
Commonwealth's Attorney
Commonwealth's Attorney is the title given to the elected prosecutor of felony crimes in Kentucky and Virginia. Other states refer to similar prosecutors as District Attorney or State's Attorney....
and, from September 5, 1914, judge of the Corporation Court of the City of Bristol.
Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
gave Roberts a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
on July 6, 1938 to the new second seat on the United States District Court for the Western District of Virginia
United States District Court for the Western District of Virginia
The United States District Court for the Western District of Virginia is a United States district court.Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit The United States District Court for the Western District of Virginia (in...
, and in January 1939 sent his nomination for the position to the Senate. As one author has explained, Roosevelt "made the decision to nominate Roberts in order to discipline" Virginia's senators, Harry F. Byrd
Harry F. Byrd
Harry Flood Byrd, Sr. of Berryville in Clarke County, Virginia, was an American newspaper publisher, farmer and politician. He was a descendant of one of the First Families of Virginia...
and Carter Glass
Carter Glass
Carter Glass was a newspaper publisher and politician from Lynchburg, Virginia. He served many years in Congress as a member of the Democratic Party. As House co-sponsor, he played a central role in the development of the 1913 Glass-Owen Act that created the Federal Reserve System. Glass...
"for their consistent opposition to the New Deal and in an effort to assure a friendly Virginia delegation to the 1940 Democratic convention." In the "broader political context" of 1938, Roosevelt tried in that year to oppose the renomination of Democrats who opposed his New Deal, and the timing of the Roberts' nomination corresponded with Roosevelt's efforts across the board to reassert his authority over Democratic legislators. 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 John W. Flannagan, Jr.
John W. Flannagan, Jr.
John William Flannagan, Jr. was an American politician of the Democratic Party. He represented Virginia in the United States House of Representatives from 1931 - 1949.-Reference:...
, but the two Virginia senators, Harry F. Byrd
Harry F. Byrd
Harry Flood Byrd, Sr. of Berryville in Clarke County, Virginia, was an American newspaper publisher, farmer and politician. He was a descendant of one of the First Families of Virginia...
and Carter Glass
Carter Glass
Carter Glass was a newspaper publisher and politician from Lynchburg, Virginia. He served many years in Congress as a member of the Democratic Party. As House co-sponsor, he played a central role in the development of the 1913 Glass-Owen Act that created the Federal Reserve System. Glass...
, both disapproved the selection of Roberts. They preferred another state court judge, A.C. Buchanan
Archibald C. Buchanan
Archibald C. Buchanan was born in Tazewell, Virginia. He received his higher education at Hampden-Sydney College and Washington and Lee University. . He was admitted to the bar and began practice in Tazewell, where he was mayor from 1917 to 1921 and commissioner of accounts from 1919 to 1927...
, or assistant U.S. Attorney Frank S. Tavenner, Jr.
Frank S. Tavenner, Jr.
Frank S. Tavenner, Jr. was born in Woodstock, Virginia in 1895. He took an A.B. degree at Roanoke College in 1916, an A.M. at Princeton University in 1917, and an LL.B at the University of Virginia Law School in 1927, after which he began the practice of law in his home town. His father, F.S...
, among others seeking the position. Months prior, Roosevelt had engaged in some controversial discussion over who should have "veto power" over federal appointments in Virginia, suggesting that newly-elected Governor James H. Price
James H. Price
James Hubert Price was an American politician. Price was a Richmond, Virginia attorney and businessman. In the 1937 general election, he defeated Republican candidate John Powell Royall, a former State Senator...
should have that power. This discussion with the White House was made public in March 1938 by Charles J. Harkrader, a member of the Senate of Virginia
Senate of Virginia
The Senate of Virginia is the upper house of the Virginia General Assembly. The Senate is composed of 40 Senators representing an equal number of single-member constituent districts. The Senate is presided over by the Lieutenant Governor of Virginia...
and publisher of the Bristol Herald-Courier, the daily newspaper in Judge Roberts' hometown. In response to the objection from Senator Glass that he had not been consulted over Roberts' selection, Roosevelt responded "that he was happy to consult Glass, but reserved the right to consult others, including, if he wished, 'Nancy Astor, the Duchess of Windsor, the WPA
Works Progress Administration
The Works Progress Administration was the largest and most ambitious New Deal agency, employing millions of unskilled workers to carry out public works projects, including the construction of public buildings and roads, and operated large arts, drama, media, and literacy projects...
, a Virginia moonshiner, Governor Price or Charlie McCarthy.'"
Virginian R. Walton Moore
R. Walton Moore
Robert Walton "Judge" Moore was a Virginia lawyer, U.S. Representative from Virginia, Assistant Secretary of State, and one of the few Virginia politicians to embrace the New Deal....
, a former Congressman and president of the Virginia Bar Association
Virginia Bar Association
The Virginia Bar Association is a voluntary organization of lawyers in Virginia, with offices in Richmond, Virginia.- VBA Mission : is the independent voice of the Virginia lawyer, advancing the highest ideals of the profession through advocacy and volunteer service.- History :The VBA, , was...
, then serving as Counselor in the State Department, "led the administration's effort to secure" the Roberts nomination, but Moore badly underestimated the vigor of the opposition from Glass and Byrd. Senator Glass, in his remarks before the Senate, declared that the nomination of Roberts was "personally obnoxious" to him, the magic words that guaranteed the denial of confirmation. At Roberts' confirmation hearing, the witnesses testifying to his qualifications included Governor Price, former governors Westmoreland Davis
Westmoreland Davis
Westmoreland "Morley" Davis a lawyer, farmer, and the 48th Governor of Virginia from February 1, 1918 to February 1, 1922....
and E. Lee Trinkle, and the head of the Virginia Bar Association
Virginia Bar Association
The Virginia Bar Association is a voluntary organization of lawyers in Virginia, with offices in Richmond, Virginia.- VBA Mission : is the independent voice of the Virginia lawyer, advancing the highest ideals of the profession through advocacy and volunteer service.- History :The VBA, , was...
. The Judiciary Committee recommended against confirming Roberts, by vote of 14-3, "on the grounds that his nomination was 'personally offensive' to the two Virginia Senators." The Senate vote against Roberts was 72-9, with Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
among other Democrats siding with Glass and against Roosevelt. Commenting on Roosevelt's position, Senator Glass declared: "Ninety-six Senators have the right of veto over Presidential nominations in specified cases, and on last Monday seventy-two of them exercised their right of veto on the President's nominee for Judge of the Western District of Virginia."
As of February 6, 1939, the day of the Senate vote, "Judge Roberts, who had resigned his state judgeship to take the recess appointment, was now out of a job, and the administration was seen as having suffered a stunning political defeat." 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."
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." Roosevelt solved the problem of filling the judgeship by naming the dean of the University of Virginia Law School, Armistead Mason Dobie
Armistead Mason Dobie
Armistead Mason Dobie was a law professor and United States federal judge.-University leader:A native of Norfolk, Virginia, Dobie received a B.A. from the University of Virginia in 1901, an M.A. from the same institution in 1902, and an LL.B. from the University of Virginia School of Law in 1904....
, then state court judge Alfred D. Barksdale
Alfred D. Barksdale
Alfred Dickinson Barksdale was a soldier, Virginia lawyer and legislator, state court judge, and United States federal judge.-Military career:...
, to the position. Roberts returned to private practice in Bristol, and litigated cases as counsel before his successors as judge in both state and federal court.