William Lockhart Garwood
Encyclopedia
William Lockhart Garwood (October 29, 1931 – July 14, 2011) was a United States federal judge
of the United States Court of Appeals for the Fifth Circuit
.
Born in Houston
, Texas
to Wilmer St. John Garwood and Ellen Burdine Clayton, Garwood was named after his maternal grandfather, William Lockhart Clayton, a Houston cotton merchant and, as undersecretary of state for economic affairs, a principal architect of the Marshall Plan.
Garwood received a B.A.
from Princeton University
in 1952 and an LL.B. from the University of Texas School of Law
in 1955. Upon graduating first in his law school class, he clerked on the United States Court of Appeals for the Fifth Circuit
for John R. Brown
, a judge whom he would later count as a colleague on that same court. He served for three years as a JAG officer in the United States Army
and then returned to Austin
, Texas
, where he entered private practice with the firm of Graves, Dougherty, Hearon, Moody & Garwood.
and became the first Republican to serve on that court since the end of Reconstruction. Notably, his father, W. St. John Garwood, had served for a decade on the Texas high court, from January 14, 1948 to December 31, 1958, and is still regarded as one of Texas's finest jurists. Will Garwood's tenure was shorter-lived however, ending on December 31, 1980. As he is fond of joking, "I was returned to private practice one-year later by popular mandate".
On September 17, 1981, President Ronald Reagan
nominated Garwood to a new seat on the United States Court of Appeals for the Fifth Circuit
created by 92 Stat. 1629 (President Jimmy Carter
previously had nominated Andrew L. Jefferson, Jr.
to the seat, but the United States Senate
had declined to act on Jefferson's nomination before Carter's presidency ended). Garwood was confirmed by the Senate on October 21, 1981 and received his commission on October 26, 1981. He assumed senior status
on January 23, 1997, but maintained a nearly-full workload on the court until his death.
, 2 F.3d 1342 (5th Cir. 1993), Judge Garwood, writing for a unanimous panel, invalidated the Gun-Free School Zone Act as an unconstitutional exercise of the Commerce Clause power. When Lopez was affirmed by the United States Supreme Court, it became the first Court decision in nearly six decades to place limits on Congressional power under the Commerce Clause and was one of the first shots fired in the Rehnquist Court's Federalist Revival.
In United States v. Emerson
, 270 F.3d 203 (5th Cir. 2001), Judge Garwood wrote the first federal appellate decision embracing the individual-rights view of the Second Amendment.
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....
of the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
.
Born in Houston
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
, 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...
to Wilmer St. John Garwood and Ellen Burdine Clayton, Garwood was named after his maternal grandfather, William Lockhart Clayton, a Houston cotton merchant and, as undersecretary of state for economic affairs, a principal architect of the Marshall Plan.
Garwood 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 Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
in 1952 and an LL.B. from the University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
in 1955. Upon graduating first in his law school class, he clerked on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
for John R. Brown
John Robert Brown (judge)
John Robert Brown was a United States federal judge of the Court of Appeals for the Fifth Circuit in 1950s and 1960s, one of the "Fifth Circuit Four" pivotal in the civil rights movement....
, a judge whom he would later count as a colleague on that same court. He served for three years as a JAG officer in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
and then returned to Austin
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, 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...
, where he entered private practice with the firm of Graves, Dougherty, Hearon, Moody & Garwood.
Judicial service
On November 15, 1979, Garwood was appointed to the Supreme Court of Texas by Governor Bill ClementsBill Clements
William Perry "Bill" Clements, Jr. was the 42nd and 44th Governor of Texas, serving from 1979 to 1983 and 1987 to 1991. Clements was the first Republican to have served as governor of the U.S. state of Texas since Reconstruction...
and became the first Republican to serve on that court since the end of Reconstruction. Notably, his father, W. St. John Garwood, had served for a decade on the Texas high court, from January 14, 1948 to December 31, 1958, and is still regarded as one of Texas's finest jurists. Will Garwood's tenure was shorter-lived however, ending on December 31, 1980. As he is fond of joking, "I was returned to private practice one-year later by popular mandate".
On September 17, 1981, President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
nominated Garwood to a new seat on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
created by 92 Stat. 1629 (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...
previously had nominated Andrew L. Jefferson, Jr.
Andrew L. Jefferson, Jr.
Andrew Leon Thomas Jefferson, Jr. is an American lawyer, a former federal prosecutor, a former Texas judge, and a former federal judicial nominee to the United States Court of Appeals for the Fifth Circuit.-Early life and education:...
to the seat, but 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...
had declined to act on Jefferson's nomination before Carter's presidency ended). Garwood was confirmed by the Senate on October 21, 1981 and received his commission on October 26, 1981. He 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...
on January 23, 1997, but maintained a nearly-full workload on the court until his death.
Notable opinions
In United States v. LopezUnited States v. Lopez
United States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
, 2 F.3d 1342 (5th Cir. 1993), Judge Garwood, writing for a unanimous panel, invalidated the Gun-Free School Zone Act as an unconstitutional exercise of the Commerce Clause power. When Lopez was affirmed by the United States Supreme Court, it became the first Court decision in nearly six decades to place limits on Congressional power under the Commerce Clause and was one of the first shots fired in the Rehnquist Court's Federalist Revival.
In United States v. Emerson
United States v. Emerson
United States v. Emerson, 270 F.3d 203 , is a decision by the United States Court of Appeals for the Fifth Circuit holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms...
, 270 F.3d 203 (5th Cir. 2001), Judge Garwood wrote the first federal appellate decision embracing the individual-rights view of the Second Amendment.