Richard Harding Poff
Encyclopedia
Richard Harding Poff was an American politician and judge. He was first elected to the United States House of Representatives
in 1952, representing Virginia's Sixth District. A moderate Republican
and a licensed attorney
, he was given strong consideration for the United States Supreme Court by President
Richard Nixon
and was later appointed as a Justice (later Senior Justice) of the Virginia Supreme Court.
in Salem, Virginia
; and gained his law degree (LL.B.) from the University of Virginia
in 1948.
in England
; flew thirty-five successful missions over Europe
; awarded the Distinguished Flying Cross
; was inactivated from the service as a first lieutenant serving from February 1943 to August 1945.
protesting the Supreme Court's mandate in Brown v. Board of Education
to desegregate
public schools. A. Linwood Holton, former Governor of Virginia
(1970–1974), and the commonwealth's first post-Reconstruction Republican Governor, suggests that Poff probably could not have been reelected unless he signed the manifesto. Despite that controversial decision, he was well liked by most, including many African American
s, who in an ABC News
report on his nomination to the U.S. Supreme Court described him as having a great interest in individuals; only one person in that report described him as a racist despite his having signed the Southern Manifesto
. Consistent with his signing of the Manifesto, he also opposed all civil rights measures in the 1960s with the exception of the 24th Amendment; however, it is worth noting that in the 1970s he favored desegregation
aid and voted for the Equal Employment Opportunity Act in 1971. He was the only member of the House Republican leadership who did not support President Eisenhower's proposal to increase the minimum wage and widen its coverage. According to John Dean
, he was also the author of most of the 25th Amendment to the Constitution of the United States while serving on the Judiciary Committee
of the U.S. House of Representatives.
wrote that Poff actually made that decision based on concerns that he would thus be forced to reveal to his then-12-year-old son that he had been adopted. Poff's concern was that the child would be negatively affected by that kind of information if revealed before he was old enough to understand.
Nevertheless, according to the New York Times, within weeks after he withdrew from consideration that sensitive personal information was revealed in Jack Anderson's column, and he was forced to inform the child of his adoption anyway.
By then, however, it was too late for reconsideration, and eventually Lewis Powell
was confirmed to the Supreme Court in Poff's place.
, better known as RICO. Poff had an interesting take on RICO, which has since been ignored by the Supreme Court. Poff stated in the Congressional Record
that the Act should be used only against organizations, and not individuals.
He died on June 27, 2011, in a life care center in Tullahoma, Tennessee
.
is named for Poff. It houses many of the primary federal offices in southwest Virginia, including the U.S. District Court for the Western District of Virginia and the Internal Revenue Service
.
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 1952, representing Virginia's Sixth District. A moderate 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...
and a licensed attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, he was given strong consideration for the United States Supreme Court by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
and was later appointed as a Justice (later Senior Justice) of the Virginia Supreme Court.
Education
Poff did his undergraduate work at Roanoke CollegeRoanoke College
Roanoke College is an private, coeducational, four-year liberal-arts college affiliated with the Evangelical Lutheran Church in America. The college is located in Salem, Virginia, a suburban independent city adjacent to Roanoke, Virginia...
in Salem, Virginia
Salem, Virginia
Salem is an independent city in Virginia, USA, bordered by the city of Roanoke to the east but otherwise adjacent to Roanoke County. It is part of the Roanoke Metropolitan Statistical Area. The population was 24,802 according to 2010 U.S. Census...
; and gained his law degree (LL.B.) from 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...
in 1948.
Military service
During the Second World War, Poff served as a bomber pilot with the Eighth Air ForceEighth Air Force
The Eighth Air Force is a numbered air force of the United States Air Force Global Strike Command . It is headquartered at Barksdale Air Force Base, Louisiana....
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
; flew thirty-five successful missions over Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
; awarded the Distinguished Flying Cross
Distinguished Flying Cross (United States)
The Distinguished Flying Cross is a medal awarded to any officer or enlisted member of the United States armed forces who distinguishes himself or herself in support of operations by "heroism or extraordinary achievement while participating in an aerial flight, subsequent to November 11, 1918." The...
; was inactivated from the service as a first lieutenant serving from February 1943 to August 1945.
Legislative career
Poff, who was first elected to Congress in 1952, had his share of controversy during his decades in the House of Representatives. He was one of only two Republicans, along with the rest of Virginia's entire Congressional delegation, and nearly all members from Southern states, to sign the Southern ManifestoSouthern Manifesto
The Southern Manifesto was a document written February–March 1956 by Adisen and Charles in the United States Congress opposed to racial integration in public places. The manifesto was signed by 101 politicians from Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South...
protesting the Supreme Court's mandate in Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
to desegregate
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
public schools. A. Linwood Holton, former Governor of Virginia
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
(1970–1974), and the commonwealth's first post-Reconstruction Republican Governor, suggests that Poff probably could not have been reelected unless he signed the manifesto. Despite that controversial decision, he was well liked by most, including many African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
s, who in an ABC News
ABC News
ABC News is the news gathering and broadcasting division of American broadcast television network ABC, a subsidiary of The Walt Disney Company...
report on his nomination to the U.S. Supreme Court described him as having a great interest in individuals; only one person in that report described him as a racist despite his having signed the Southern Manifesto
Southern Manifesto
The Southern Manifesto was a document written February–March 1956 by Adisen and Charles in the United States Congress opposed to racial integration in public places. The manifesto was signed by 101 politicians from Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South...
. Consistent with his signing of the Manifesto, he also opposed all civil rights measures in the 1960s with the exception of the 24th Amendment; however, it is worth noting that in the 1970s he favored desegregation
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
aid and voted for the Equal Employment Opportunity Act in 1971. He was the only member of the House Republican leadership who did not support President Eisenhower's proposal to increase the minimum wage and widen its coverage. According to John Dean
John Dean
John Wesley Dean III is an American lawyer who served as White House Counsel to United States President Richard Nixon from July 1970 until April 1973. In this position, he became deeply involved in events leading up to the Watergate burglaries and the subsequent Watergate scandal cover-up...
, he was also the author of most of the 25th Amendment to the Constitution of the United States while serving on the Judiciary Committee
Judiciary Committee
Judiciary Committee may refer to:* United States House Committee on the Judiciary* United States Senate Committee on the Judiciary...
of the U.S. House of Representatives.
Nomination to Supreme Court of the United States
Before President Richard Nixon could formally nominate him for the U.S. Supreme Court, Poff withdrew (before nomination reached the Senate). John DeanJohn Dean
John Wesley Dean III is an American lawyer who served as White House Counsel to United States President Richard Nixon from July 1970 until April 1973. In this position, he became deeply involved in events leading up to the Watergate burglaries and the subsequent Watergate scandal cover-up...
wrote that Poff actually made that decision based on concerns that he would thus be forced to reveal to his then-12-year-old son that he had been adopted. Poff's concern was that the child would be negatively affected by that kind of information if revealed before he was old enough to understand.
Nevertheless, according to the New York Times, within weeks after he withdrew from consideration that sensitive personal information was revealed in Jack Anderson's column, and he was forced to inform the child of his adoption anyway.
By then, however, it was too late for reconsideration, and eventually Lewis Powell
Lewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
was confirmed to the Supreme Court in Poff's place.
Legislation
Poff is also well known as one of the men who, as a member of the House Judiciary Committee, sponsored the Racketeer Influenced and Corrupt Organizations ActRacketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
, better known as RICO. Poff had an interesting take on RICO, which has since been ignored by the Supreme Court. Poff stated in the Congressional Record
Congressional Record
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published by the United States Government Printing Office, and is issued daily when the United States Congress is in session. Indexes are issued approximately every two weeks...
that the Act should be used only against organizations, and not individuals.
Supreme Court of Virginia
Richard H. Poff went on to become Justice and then a Senior Justice of the Virginia Supreme Court, where he served until his retirement.He died on June 27, 2011, in a life care center in Tullahoma, Tennessee
Tullahoma, Tennessee
-Demographics:As of the census of 2010, there were 18,655 people, 7,717 households, and 5,161 families residing in the city. The racial makeup of the city was 88.1% White, 7.0% African American, 0.2% Native American, 1.2% Asian, 1.1% from other races, and 2.5% from two or more races...
.
Legacy
The Richard H. Poff Federal Building in Roanoke, VirginiaRoanoke, Virginia
Roanoke is an independent city in the Mid-Atlantic U.S. state of Virginia and is the tenth-largest city in the Commonwealth. It is located in the Roanoke Valley of the Roanoke Region of Virginia. The population within the city limits was 97,032 as of 2010...
is named for Poff. It houses many of the primary federal offices in southwest Virginia, including the U.S. District Court for the Western District of Virginia and the Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
.