Henry E. Hudson
Encyclopedia
Henry E. Hudson is a United States federal judge
on the United States District Court for the Eastern District of Virginia
.
, Hudson was raised in Arlington, Virginia. At the age of 18, he served as a volunteer firefighter
and paramedic
in Arlington, Virginia. In 1969, Hudson received a B.A.
from American University
in 1969. After college, he became a deputy sheriff for Arlington County
, spending much of his time as a courtroom deputy. In 1974, he received a J.D.
from American University Washington College of Law.
politics. He became Assistant Commonwealth's Attorney
in Arlington County, Virginia from 1974 to 1979, and subsequently served as Assistant United States Attorney
for the Eastern District of Virginia
from 1978 to 1979. After a year in private practice, Hudson was elected Commonwealth's Attorney for Arlington County in 1980 as a Republican, and served until 1986.
During his career as a prosecutor, Hudson earned a reputation as a "hard-line and zealous crime fighter" nicknamed "Hang 'Em High Henry". Early in his career, Hudson stated: "I live to put people in jail." In what Hudson described as a "career-defining case", he prosecuted David Vazquez, a mentally retarded
Arlington resident, for a 1984 rape and murder. Hudson's prosecution was based on a confession given by Vazquez after repeated interrogations, despite the fact that semen found at the crime scene did not match Vazquez. Threatened by Hudson with the death penalty, Vazquez submitted an Alford plea
and was sentenced to 30 years in prison. However, inconsistencies in the case led detectives to continue to pursue leads, ultimately linking Timothy Wilson Spencer, a serial killer, to the murder. Vazquez, who had already served 5 years in prison, was exonerated by Hudson's successor. Faced with the evidence of wrongful conviction, Hudson wrote of Vazquez in his memoirs: "I certainly wish him the best, and regret what happened. However I offer no apologies."
Hudson was one of the lead prosecutors of the Lyndon LaRouche criminal trials in the mid-1980s.
(the so-called Meese Commission). The Commission controversially claimed that pornography caused sex crimes, despite the contention to the contrary of social scientists. Hudson said at the time that he wished the commission had taken an even stronger stand against pornography.
After his service on the Meese Commission, Hudson was rewarded with an appointment as United States Attorney for the Eastern District of Virginia. He remained in this position until 1991, during which time he investigated drug allegations against U.S. Senator Charles Robb. In 1991, Hudson ran briefly and unsuccessfully for Congress as a Republican against James P. Moran.
, a division of the U.S. Department of Justice, from 1992 to 1993. According to an ESPN
article, "His leadership of the Marshals Service included early decisions in the attempt to arrest Randy Weaver
at Ruby Ridge, the greatest disaster in the history of federal law enforcement, a fiasco that led to a grand jury investigation (Hudson was called to testify) and misconduct charges against 12 federal agents." According to a Congressional report on the Ruby Ridge
incident, "based on his desire to avoid creating discoverable
documents that might be used by the defense in the Weaver
/Harris trial and his understanding that the FBI would conduct a comprehensive investigation of the incident, [Hudson] decided to conduct no formal internal review of USMS activities connected with the Weaver
case and the Ruby Ridge
incident."
) from 1998 to 2002.
Former Republican U.S. Congressman
Thomas M. Davis
, who first met Hudson in 1979 when Davis was running for the county board and Hudson was running for prosecutor, called Hudson a "by-the-book guy," adding that "[h]e is not one who coddles criminals." Davis also gave the following assessment of Hudson's personality and judgment:
nominated Hudson to a new seat on the United States District Court for the Eastern District of Virginia
created by 114 Stat. 2762. The United States Senate
confirmed the nomination on August 1, 2002, and Hudson received his commission on August 2, 2002. He was sworn in by Supreme Court Associate Justice Antonin Scalia
.
of Michael Vick
regarding an illegal interstate dog fighting
ring that had operated over five years. On December 10, 2007, Vick was sentenced by Hudson to 23 months in prison.
In December 2010, Hudson said he was proud to see what Vick has accomplished and he told the Washington Post "He's an example of how the system can work".
administration's health care reform law
, saying that the individual mandate
provision of the law exceeded Congress
' powers under the Commerce Clause
of the Constitution
. Hudson's opinion stressed the unprecedented nature of the mandate:
Hudson was the first judge to rule against the healthcare law passed during the Obama administration.
Hudson is a shareholder of Campaign Solutions, Inc., a Republican
consulting firm. For 2008, Hudson reported income of between $5,000 and $15,000 from the firm. In December 2010 the company released a statement that "Judge Hudson has owned stock in Campaign Solutions going back 13 years to the founding of the company or well before he became a federal judge. Since joining the federal bench, he has fully disclosed his stock ownership in the company. He is a passive investor only, has no knowledge of the day to day operations of the firm, and has never discussed any aspect of the business with any official of the company."
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....
on the United States District Court for the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
.
Early life and education
Born in Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, Hudson was raised in Arlington, Virginia. At the age of 18, he served as a volunteer firefighter
Volunteer fire department
See also the Firefighter article and its respective sections regarding VFDs in other countries.A volunteer fire department is a fire department composed of volunteers who perform fire suppression and other related emergency services for a local jurisdiction.The first organized force of...
and paramedic
Paramedic
A paramedic is a healthcare professional that works in emergency medical situations. Paramedics provide advanced levels of care for medical emergencies and trauma. The majority of paramedics are based in the field in ambulances, emergency response vehicles, or in specialist mobile units such as...
in Arlington, Virginia. In 1969, Hudson 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 American University
American University
American University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
in 1969. After college, he became a deputy sheriff for Arlington County
Arlington County, Virginia
Arlington County is a county in the Commonwealth of Virginia. The land that became Arlington was originally donated by Virginia to the United States government to form part of the new federal capital district. On February 27, 1801, the United States Congress organized the area as a subdivision of...
, spending much of his time as a courtroom deputy. In 1974, he received 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 American University Washington College of Law.
Legal career
Hudson's legal career had its roots in Republican PartyRepublican 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...
politics. He became Assistant 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....
in Arlington County, Virginia from 1974 to 1979, and subsequently served as Assistant United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
from 1978 to 1979. After a year in private practice, Hudson was elected Commonwealth's Attorney for Arlington County in 1980 as a Republican, and served until 1986.
During his career as a prosecutor, Hudson earned a reputation as a "hard-line and zealous crime fighter" nicknamed "Hang 'Em High Henry". Early in his career, Hudson stated: "I live to put people in jail." In what Hudson described as a "career-defining case", he prosecuted David Vazquez, a mentally retarded
Mental retardation
Mental retardation is a generalized disorder appearing before adulthood, characterized by significantly impaired cognitive functioning and deficits in two or more adaptive behaviors...
Arlington resident, for a 1984 rape and murder. Hudson's prosecution was based on a confession given by Vazquez after repeated interrogations, despite the fact that semen found at the crime scene did not match Vazquez. Threatened by Hudson with the death penalty, Vazquez submitted an Alford plea
Alford plea
An Alford plea in United States law is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence...
and was sentenced to 30 years in prison. However, inconsistencies in the case led detectives to continue to pursue leads, ultimately linking Timothy Wilson Spencer, a serial killer, to the murder. Vazquez, who had already served 5 years in prison, was exonerated by Hudson's successor. Faced with the evidence of wrongful conviction, Hudson wrote of Vazquez in his memoirs: "I certainly wish him the best, and regret what happened. However I offer no apologies."
Hudson was one of the lead prosecutors of the Lyndon LaRouche criminal trials in the mid-1980s.
Pornography Commission
As Commonwealth Attorney, Hudson led a campaign to rid Arlington County of adult bookstores, massage parlors, and other venues linked to the sale of pornography. As a result of his efforts, he was named by the Reagan Administration to lead the Attorney General's Commission on PornographyMeese Report
The final report of the Attorney General's Commission on Pornography is the result of a comprehensive investigation into pornography ordered by U.S. President Ronald Reagan...
(the so-called Meese Commission). The Commission controversially claimed that pornography caused sex crimes, despite the contention to the contrary of social scientists. Hudson said at the time that he wished the commission had taken an even stronger stand against pornography.
After his service on the Meese Commission, Hudson was rewarded with an appointment as United States Attorney for the Eastern District of Virginia. He remained in this position until 1991, during which time he investigated drug allegations against U.S. Senator Charles Robb. In 1991, Hudson ran briefly and unsuccessfully for Congress as a Republican against James P. Moran.
Marshal Service and Ruby Ridge
Under President George H.W. Bush, Hudson was Director of the United States Marshals ServiceUnited States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
, a division of the U.S. Department of Justice, from 1992 to 1993. According to an ESPN
ESPN
Entertainment and Sports Programming Network, commonly known as ESPN, is an American global cable television network focusing on sports-related programming including live and pre-taped event telecasts, sports talk shows, and other original programming....
article, "His leadership of the Marshals Service included early decisions in the attempt to arrest Randy Weaver
Randy Weaver
Randall Claude "Randy" Weaver is a former Green Beret who was at the center of a deadly confrontation with U.S. federal agents at Ruby Ridge, Idaho, in 1992.-Early life:...
at Ruby Ridge, the greatest disaster in the history of federal law enforcement, a fiasco that led to a grand jury investigation (Hudson was called to testify) and misconduct charges against 12 federal agents." According to a Congressional report on the Ruby Ridge
Ruby Ridge
Ruby Ridge was the site of a violent confrontation and siege in northern Idaho in 1992. It involved Randy Weaver, his family, Weaver's friend Kevin Harris, and agents of the United States Marshals Service and Federal Bureau of Investigation...
incident, "based on his desire to avoid creating discoverable
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
documents that might be used by the defense in the Weaver
Randy Weaver
Randall Claude "Randy" Weaver is a former Green Beret who was at the center of a deadly confrontation with U.S. federal agents at Ruby Ridge, Idaho, in 1992.-Early life:...
/Harris trial and his understanding that the FBI would conduct a comprehensive investigation of the incident, [Hudson] decided to conduct no formal internal review of USMS activities connected with the Weaver
Randy Weaver
Randall Claude "Randy" Weaver is a former Green Beret who was at the center of a deadly confrontation with U.S. federal agents at Ruby Ridge, Idaho, in 1992.-Early life:...
case and the Ruby Ridge
Ruby Ridge
Ruby Ridge was the site of a violent confrontation and siege in northern Idaho in 1992. It involved Randy Weaver, his family, Weaver's friend Kevin Harris, and agents of the United States Marshals Service and Federal Bureau of Investigation...
incident."
State court judge
Hudson was a circuit court judge on Virginia's Nineteenth Judicial Circuit Court (Fairfax County, VirginiaFairfax County, Virginia
Fairfax County is a county in Virginia, in the United States. Per the 2010 Census, the population of the county is 1,081,726, making it the most populous jurisdiction in the Commonwealth of Virginia, with 13.5% of Virginia's population...
) from 1998 to 2002.
Former Republican U.S. Congressman
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
Thomas M. Davis
Thomas M. Davis
Thomas Milburn "Tom" Davis III was a Republican member of the United States House of Representatives, representing Virginia's 11th congressional district in Northern Virginia. Davis was considering a run for the U.S. Senate seat being vacated by five-term incumbent and fellow Republican John...
, who first met Hudson in 1979 when Davis was running for the county board and Hudson was running for prosecutor, called Hudson a "by-the-book guy," adding that "[h]e is not one who coddles criminals." Davis also gave the following assessment of Hudson's personality and judgment:
"He is a bulldogBulldogBulldog is the name for a breed of dog commonly referred to as the English Bulldog. Other Bulldog breeds include the American Bulldog, Olde English Bulldogge and the French Bulldog. The Bulldog is a muscular heavy dog with a wrinkled face and a distinctive pushed-in nose...
. He is not a warm puppy. Whatever Henry does, he will be criticized. But I know that what he does will be the right result. He will have the right answer."
Federal judge
On January 23, 2002, 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....
nominated Hudson to a new seat on the United States District Court for the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
created by 114 Stat. 2762. 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...
confirmed the nomination on August 1, 2002, and Hudson received his commission on August 2, 2002. He was sworn in by Supreme Court Associate Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
.
Michael Vick dog fighting trial
Hudson was the presiding judge for the trialBad Newz Kennels dog fighting investigation
The Bad Newz Kennels dog fighting investigation began in April 2007 with a search of property in Surry County, Virginia, owned by Michael Vick, who was at the time quarterback for the Atlanta Falcons football team, and the subsequent discovery of evidence of a dog fighting ring...
of Michael Vick
Michael Vick
Michael Dwayne Vick is an American football quarterback for the Philadelphia Eagles of the National Football League...
regarding an illegal interstate dog fighting
Dog fighting in the United States
Dog fighting in the United States is an illegal activity in which fights between two game dogs are staged as a form of entertainment and gambling. Such activity has existed since the early 19th century in the United States and was gradually outlawed in all states...
ring that had operated over five years. On December 10, 2007, Vick was sentenced by Hudson to 23 months in prison.
In December 2010, Hudson said he was proud to see what Vick has accomplished and he told the Washington Post "He's an example of how the system can work".
Patient Protection and Affordable Care Act
In December 2010, Hudson ruled against an element of the 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...
administration's health care reform law
Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress...
, saying that the individual mandate
Health insurance mandate
A health insurance mandate is either an employer or individual mandate to obtain private health insurance, instead of a National Health Service or National Health Insurance.-United States:...
provision of the law exceeded Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
' powers under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
of the 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...
. Hudson's opinion stressed the unprecedented nature of the mandate:
"Neither the Supreme Court nor any federal circuit court of appealsUnited States courts of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system...
has extended Commerce ClauseCommerce ClauseThe Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market . . . At its core, the dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it's about an individual's right to choose to participate."
Hudson was the first judge to rule against the healthcare law passed during the Obama administration.
Other
Hudson is the author of the 2007 book Quest for Justice: From Deputy Sheriff to Federal Judge…and the Lessons Learned Along the Way.Hudson is a shareholder of Campaign Solutions, Inc., 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...
consulting firm. For 2008, Hudson reported income of between $5,000 and $15,000 from the firm. In December 2010 the company released a statement that "Judge Hudson has owned stock in Campaign Solutions going back 13 years to the founding of the company or well before he became a federal judge. Since joining the federal bench, he has fully disclosed his stock ownership in the company. He is a passive investor only, has no knowledge of the day to day operations of the firm, and has never discussed any aspect of the business with any official of the company."
Sources
- Opinion ruling the individual mandate unconstitutional
- Meese Report Statement of Henry E. Hudson, Chairman
- Judge with GOP Ties Strikes Down Key Healthcare Provision on Insurance Mandates - video report by Democracy Now!Democracy Now!Democracy Now! and its staff have received several journalism awards, including the Gracie Award from American Women in Radio & Television; the George Polk Award for its 1998 radio documentary Drilling and Killing: Chevron and Nigeria's Oil Dictatorship, on the Chevron Corporation and the deaths of...
- Freedom Watch interview with Ken Cuccinelli reacting to Judge Hudson's ruling, Fox Business NetworkFox Business NetworkFox Business Network is an American cable news and satellite news television channel that began broadcasting on October 15, 2007. It is owned by the Fox Entertainment Group, part of Rupert Murdoch's News Corporation...