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William H. Pryor Jr.

William Holcombe Pryor Jr. (born April 26, 1962) is an American lawyer who has served as the chief judge of the United States Court of Appeals for the Eleventh Circuit since 2020. He was appointed as a United States circuit judge of the court by President George W. Bush in 2004. He is a former commissioner of the United States Sentencing Commission.[1] Previously, he was the attorney general of Alabama, from 1997 to 2004.

William H. Pryor Jr.
Pryor in 2022
Chief Judge of the United States Court of Appeals for the Eleventh Circuit
Assumed office
June 3, 2020
Preceded byEdward Earl Carnes
Judge of the United States Court of Appeals for the Eleventh Circuit
Assumed office
February 20, 2004
Appointed byGeorge W. Bush
Preceded byEmmett Ripley Cox
Chair of the United States Sentencing Commission
Acting
January 3, 2017 – December 2018
PresidentBarack Obama
Donald Trump
Preceded byPatti B. Saris
Succeeded byCharles Breyer (acting)
45th Attorney General of Alabama
In office
January 3, 1997 – February 20, 2004
GovernorFob James
Don Siegelman
Bob Riley
Preceded byJeff Sessions
Succeeded byTroy King
Personal details
Born (1962-04-26) April 26, 1962 (age 61)
Mobile, Alabama, U.S.
Political partyRepublican
EducationNortheast Louisiana University (BA)
Tulane University (JD)

Early life and education edit

Pryor was born in 1962 in Mobile, Alabama, the son of William Holcombe Pryor and Laura Louise Bowles. Pryor was raised in a devoutly Roman Catholic family.[2] He and his siblings attended McGill–Toolen Catholic High School in Mobile.

Pryor attended Northeast Louisiana University (now University of Louisiana at Monroe) on a band scholarship, graduating in 1984 with a Bachelor of Arts magna cum laude. He then attended Tulane University Law School. He became editor-in-chief of the Tulane Law Review and graduated in 1987 with a Juris Doctor, magna cum laude.[3]

Legal career edit

After law school, Pryor served as a law clerk to judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit from 1987 to 1988.[4] He then entered private practice with the Birmingham, Alabama, law firm Cabaniss, Johnston, Gardner, Dumas & O'Neal. He also served as an adjunct professor of maritime law at the Cumberland School of Law at Samford University from 1989 to 1995. Pryor is currently a visiting professor at the University of Alabama School of Law[5] and an adjunct professor at the Cumberland School of Law at Samford University.[6]

Political career edit

In 1994, Pryor was introduced to Jeff Sessions, who was then campaigning to become the attorney general of Alabama.[7] Sessions won, and from 1995 to 1997 Pryor served as Alabama's deputy attorney general.[7] When Sessions became a U.S. Senator in 1997, Alabama Governor Fob James made Pryor the state's Attorney General.[7] He was, at that time, the youngest state attorney general in the United States. Pryor was elected in 1998 and reelected in 2002. At reelection, Pryor received nearly 59% of the vote, the highest percentage of any statewide candidate.[8]

Pryor received national attention in 2003 when he called for the removal of Alabama chief justice Roy Moore, who had disobeyed a federal court order to remove a Ten Commandments monument from the Alabama judicial building. Pryor said that although he agreed with the propriety of displaying the Ten Commandments in a courthouse, he was bound to follow the court order and uphold the rule of law. Pryor personally prosecuted Moore for violations of the canons of judicial ethics, and the Alabama Court of the Judiciary unanimously removed Moore from office.[9]

Pryor was criticized[10] for his refusal to reopen the case of Anthony Ray Hinton, an Alabama man whose 1985 conviction was vacated in 2015.[11] In 2014, the United States Supreme Court held that Hinton's trial lawyer was "constitutionally deficient" because he failed to research how much money he could obtain for an expert witness.[12] The expert that Hinton's lawyer obtained on the cheap was insufficiently qualified. Hinton was released on April 3, 2015, after the State of Alabama could not gather enough evidence for a retrial.[13] In 2002, Pryor opposed Hinton's attempts to challenge his conviction, stating that Hinton's new experts "did not prove [his] innocence and the state does not doubt his guilt."[14]

Federal judicial service edit

 
Pryor's official portrait, c. 2004.

Eleventh Circuit nomination and confirmation edit

Pryor was nominated to the United States Court of Appeals for the Eleventh Circuit by president George W. Bush on April 9, 2003, to fill a seat vacated by judge Emmett Ripley Cox, who had assumed senior status.[15] Originally, William H. Steele had been nominated to the seat in 2001, but his nomination had become stalled in the Democratic-controlled Senate Judiciary Committee during the 107th United States Congress because African-American groups protested his decisions in two civil rights cases as a magistrate judge. His nomination was withdrawn in January 2003. Pryor was nominated as Steele's replacement.[citation needed]

Despite the fact that the 108th United States Congress was controlled by the Republican Party, Senate Democrats refused to allow Pryor to be confirmed, criticizing him as an extremist, citing statements he had made such as referring to the Supreme Court as "nine octogenarian lawyers" and saying that Roe v. Wade was the "worst abomination in the history of constitutional law."[16]

During the confirmation hearing, Pryor was criticized in particular for filing an amicus brief in 2003 on behalf of the state of Alabama in the U.S. Supreme Court case of Lawrence v. Texas that urged the Court to uphold Texas penal code § 21.06, which classifies homosexual sex as a misdemeanor.[17] Pryor wrote in the brief that "this Court has never recognized a fundamental right to engage in sexual activity outside of monogamous heterosexual marriage, let alone to engage in homosexual sodomy,"[18] further arguing that the recognition of a constitutional right to sodomy would "logically extend" to activities like "prostitution, adultery, necrophilia, bestiality, incest and pedophilia."[19][20][21]

Due to a filibuster of his nomination, George W. Bush installed Pryor as a circuit court judge on February 20, 2004, using a recess appointment to bypass the regular Senate confirmation process.[22] Pryor resigned as Alabama's attorney general that same day and took his judicial oath for a term lasting until the end of the first session of the 109th Congress (December 22, 2005), when his appointment would have ended had he not been eventually confirmed.[23]

On May 23, 2005, senator John McCain announced an agreement between seven Republican and seven Democratic U.S. senators, the Gang of 14, to ensure an up-or-down vote on Pryor and two other stalled Bush nominees, Priscilla Owen and Janice Rogers Brown. On June 9, 2005, Pryor was confirmed to the Eleventh Circuit by a 53–45 vote.[24][25]

Pryor received his commission on June 10, 2005.[26] On June 20, 2005, he was sworn in at the age of 43.[27][failed verification]

Sentencing commission service edit

President Barack Obama nominated Pryor to serve as a commissioner on the United States Sentencing Commission on April 15, 2013.[28] Pryor had experience with sentencing issues and reform at the state level.

During his tenure as attorney general of Alabama, he successfully led the effort to establish, by legislation, the Alabama sentencing commission. Pryor has written several law review articles about his experiences with sentencing reform. The Senate unanimously confirmed Pryor by voice vote on June 6, 2013, and he served a term that expired on October 31, 2017.[29] On January 3, 2017, Pryor was named the Acting Chair of the Commission.[30] Pryor continued to serve as an active judge on the Eleventh Circuit during his service on the Commission.

Misconduct investigation edit

In January 2022, the United States Court of Appeals for the Second Circuit threw out a complaint against Pryor and a District Court Judge, Corey Maze, for their hiring of Crystal Clanton.[31] The complaint alleged that Pryor hired Clanton despite knowledge of reports that she had sent multiple racist texts to colleagues in her student group, Turning Point USA, including one reading "I hate Black People."[32] After working at Turning Point USA, Clanton had lived with Supreme Court Justice Clarence Thomas and his wife, who wrote a letter to the Second Circuit stating that "She is a good and decent young woman who has had to overcome some challenging difficulties in life only to be smeared by others who would collapse if this happened to their own children.”[32]

On July 8, 2022, the Judicial Conference's Committee on Judicial Conduct and Disability sent the case back to the Second Circuit, writing that "[b]ecause a special committee was not appointed to investigate the complaints, there is not enough information in the record to determine how the matter should be concluded."[33] The case was sent back with instructions to "[a]t a minimum ... attempt to interview the candidate and the witnesses identified in the media reports."[33] But on October 31, 2023, the Second Circuit unanimously declined to disturb its earlier decision.[34] Based on guidance that it received from the Executive Committee of the Judicial Conference of the United States, the Second Circuit ruled that its original decision dismissing the complaint against Pryor and Maze was "final and conclusive."[35]

Notable opinions edit

In November 2014, Pryor wrote for the en banc circuit when it found, by a vote of 5–4, that an inmate who is no longer classified as a career offender nevertheless cannot seek a sentencing reduction.[36][37] In Alabama Legislative Black Caucus v. Alabama (2015), the Supreme Court, by a vote of 5–4, vacated a three-judge district court opinion by Pryor which had rejected the plaintiff's racial gerrymandering claims.[38][39]

  • Trump v. United States (11th Cir. 2022). Pryor was part of a panel which issued a per curiam opinion vacating U.S. District Judge Aileen M. Cannon's September 5 Order in the Mar-a-Lago documents case. The opinion held that the district court's exercise of equitable jurisdiction constituted an abuse of discretion and accordingly remanded the matter with instructions for the district court to dismiss the case. In doing so, the opinion rejected the notion that the execution of a search warrant at the home of a former president is sufficient to warrant an exercise of equitable jurisdiction.[40]
  • United States v. Phillips (11th Cir. 2016). Pryor wrote an opinion for a unanimous panel, affirming the denial of Ted Phillips's motion to suppress. The police caught Phillips, a convicted felon, with a firearm while they were arresting him on a civil writ of bodily attachment for his failure to pay child support. The Court's opinion explored the original meaning of the Fourth Amendment and the history of civil writs to conclude that the writ for unpaid child support gave the police the authority to arrest Phillips and to conduct a search incident to arrest.[41]
  • Eternal Word Television Network, Inc. v. Sec'y, U.S. Dept. of Health & Human Servs. (11th Cir. 2014). In a unanimous order, a panel of the Eleventh Circuit enjoined the Secretary of HHS from enforcing the contraception mandate against Catholic television network EWTN. Judge Pryor specially concurred, explaining why, in light of the Supreme Court's decision in Hobby Lobby, EWTN had shown a substantial likelihood of success on the merits under the Religious Freedom Restoration Act. The concurrence is particularly notable because Judge Pryor noted that he parted ways with decisions of the Sixth and Seventh Circuits on the subject "because the decisions of those courts are wholly unpersuasive."[42]
  • Walker v. R.J. Reynolds Tobacco Co. (11th Cir. 2013). On behalf of a unanimous panel, Pryor rejected the due process challenge brought by R.J. Reynolds to the application, as res judicata, of the previous determinations on liability made by a Florida jury in an unorthodox class action against the tobacco companies in the 1990s. The panel concluded that it was required to give full faith and credit to the decision of the Florida trial court, as interpreted by the Florida Supreme Court and that the application of full faith and credit did not violate the tobacco company's due process rights because R.J. Reynolds had been given notice and an opportunity to be heard throughout the litigation. The opinion is particularly notable for a colorful paragraph at its conclusion discussing the intractable problem of tobacco litigation.[43]
  • Day v. Persels & Associates (11th Cir. 2013). Pryor wrote the majority (2–1) opinion vacating a settlement award in a class action relating to debt-settlement services. The court concluded that the magistrate judge had subject-matter jurisdiction to approve the settlement because unnamed class members are not parties whose consent is required for adjudication by a magistrate judge. But the court also concluded that the magistrate judge had abused its discretion when it approved a settlement that provided no monetary relief to the class members because he found that the defendants could not pay such monetary relief, but no evidence supported that finding.[44]
  • United States v. Bellaizac-Hurtado (11th Cir. 2012). Pryor wrote the majority (2–1) opinion reversing the convictions of four defendants for drug-trafficking in the territorial waters of Panama because the Act that criminalized their behavior exceeded the authority of Congress under the Offences against the Law of Nations Clause of the Constitution. The opinion is the first in-depth interpretation of the constitutional provision by a federal circuit court. Judge Rosemary Barkett specially concurred in the judgment.[45]
  • Glenn v. Brumby (11th Cir. 2011). Pryor joined a unanimous panel decision that held that "discriminating against someone on the basis of his or her gender non-conformity constitutes sex-based discrimination under the Equal Protection Clause."[46]
  • United States v. Shaygan (11th Cir. 2011). Pryor wrote the majority (2–1) opinion vacating an award of over $600,000 in attorney's fees and costs against the United States and the public reprimand of two federal prosecutors. The court explained that the prosecution was objectively reasonable and did not warrant sanctions under the Hyde Amendment. The court also concluded that the district court had violated the due process rights of the federal prosecutors when it denied them notice of the charges and an opportunity to be heard.[47] Pryor later wrote a statement respecting the denial of rehearing en banc of this opinion in United States v. Shaygan (11th Cir. April 10, 2012).[48]
  • First Vagabonds Church of God v. Orlando (11th Cir. 2011). Writing for a unanimous en banc court, Pryor rejected an as-applied challenge by Orlando Food Not Bombs to a municipal ordinance that restricted the frequency of its feedings of homeless persons in parks located within a 2-mile radius of the Orlando City Hall. The court assumed, without deciding, that the feeding of homeless persons constituted expressive conduct and determined that the ordinance, as applied to Orlando Food Not Bombs, constituted a reasonable time, place, or manner restriction and a reasonable regulation of expressive conduct.[49]
  • In re United States (11th Cir. 2010). Pryor wrote the majority (2–1) opinion granting a writ of mandamus to substitute an Assistant Administrator of the EPA for the appearance of the Administrator in a case about the ecology of the Everglades. The panel explained that the district court had abused its discretion in ordering the appearance of the agency head and encroached on the separation of powers.[50]
  • Scott v. Roberts (11th Cir. 2010). Pryor wrote for a unanimous panel reversing the district court and preliminarily restraining the enforcement of a Florida law that provided a dollar-for-dollar subsidy to a candidate's opponent once that candidate exceeded a statutory expenditure limit. The panel concluded that Rick Scott, then-candidate in the Republican primary for the Governor of Florida, had made a substantial showing of likelihood of success on the merits because, even if the law served compelling state interests, the law was not the least restrictive means of serving those interests. Scott went on to win the Republican primary and the general election.[51]
  • Common Cause/Georgia v. Billups (11th Cir. 2009). Pryor wrote for a unanimous panel upholding a Georgia law that required all registered voters in Georgia to present a government-issued photo identification to be allowed to vote in person. The law also required Georgia to issue, free of charge, a "Georgia voter identification card" to any registered Georgia voter who lacked an acceptable form of identification. The panel concluded that the NAACP and voters had standing to challenge the law, but that the district court did not abuse its discretion when it declined to enjoin the law because the burdens on voters from the law were insignificant and the state had legitimate interests in preventing voter fraud.[52]
  • Pelphrey v. Cobb County (11th Cir. 2008). Pryor wrote the majority (2–1) opinion, joined by judge Charles R. Wilson, affirming the district court ruling that sectarian prayers used to open commission meetings did not violate the Establishment Clause as long as the prayer opportunity was not exploited to proselytize or to advance or disparage any particular faith or belief. U.S. district court judge Donald M. Middlebrooks dissented.[53]
  • United States v. Campa, (11th Cir. 2008). Pryor wrote the majority (2–1) opinion, joined by Birch, upholding the convictions of five Cuban spies ("The Cuban Five") for espionage.[54]
  • Zibtluda LLC v. Gwinnett County, Georgia, (11th Cir. 2005). Opinion affirmed district court ruling that a local ordinance limiting the placement of adult entertainment establishments was constitutional. The opinion was notable for Pryor's quote of a line from The B-52's song "Love Shack" in describing the proposed establishment.[55][56][57]

Supreme Court consideration edit

On May 16, 2016, then-presidential candidate Donald Trump released a list of eleven individuals from which he would pick to fill the vacancy left on the Supreme Court by the death of Antonin Scalia, including Pryor.[58]

At a Republican primary debate in South Carolina, Trump said the following about Supreme Court nominations "we could have a Diane Sykes or you could have a Bill Pryor, we have some fantastic people."[59]

It was reported in mid-December that Trump had narrowed his choices to "three or four individuals", with the top two leading candidates being Sykes and Pryor.[60] Trump announced Neil Gorsuch for his pick for the Court on January 31, 2017.[61]

See also edit

References edit

  1. ^ U.S. Sentencing Commission. . Archived from the original on April 8, 2016. Retrieved November 8, 2013.
  2. ^ "Pryor: Perhaps the most polarizing Supreme Court justice possibility". Washington Post. Retrieved October 5, 2018.
  3. ^ "Pryor, William Holcombe, Jr. | Federal Judicial Center". www.fjc.gov. Retrieved October 5, 2018.
  4. ^ Russell, Kevin; Davis, Charles (January 10, 2017). "Potential nominee profile: William Pryor (Expanded)". SCOTUSblog. Retrieved July 2, 2018.
  5. ^ University of Alabama. "Faculty Page". Retrieved November 8, 2013.
  6. ^ Cumberland School of Law. . Archived from the original on November 9, 2013. Retrieved November 8, 2013.
  7. ^ a b c Stolberg, Sheryl Gay (June 10, 2005). "A Different Timpanist". The New York Times. Retrieved July 2, 2018.
  8. ^ Alabama Department of Archives & History (August 25, 2009). Alabama Attorneys General.
  9. ^ Ten Commandments Judge Removed From Office, CNN (November 14, 2003).
  10. ^ Kyle Whitmire (April 3, 2015). "Alabama tried to kill a man who never should have been on death row." The Birmingham News. Retrieved January 26, 2016.
  11. ^ Kent Faulk (January 15, 2015), Man being removed from Alabama Death Row for retrial in 1985 slayings of Birmingham fast food managers, AL.com.
  12. ^ Hinton v. Alabama, 571 U.S. __ (2014).
  13. ^ Abby Phillip (April 3, 2015), "Alabama inmate free after three decades on death row." Wash. Post.
  14. ^ Adam Liptak (February 24, 2003). "Experts Question Verdict, But the State Is Unmoved." The New York Times. Retrieved January 26, 2016.
  15. ^ "Presidential Nomination 512, 108th United States Congress". United States Congress. April 9, 2003. Retrieved July 2, 2018.
  16. ^ "CONFIRMATION HEARING ON THE NOMINATIONS OF WILLIAM H. PRYOR, JR. TO BE CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT AND DIANE M. STUART TO BE DIRECTOR, VIOLENCE AGAINST WOMEN OFFICE, DEPARTMENT OF JUSTICE". gpo.gov. Retrieved July 8, 2018.
  17. ^ Mortimer, Caroline (November 17, 2016). "Donald Trump's potential Supreme Court judge pick thinks gay people should be jailed for having sex". The Independent. Retrieved January 12, 2017.
  18. ^ Costa, Daniela (November 15, 2016). . Gaily Grind. Archived from the original on December 9, 2018. Retrieved December 9, 2018.
  19. ^ Transcript, NOW on PBS, PBS (July 11, 2003).
  20. ^ Lawrence Hurley, Trump's U.S. high court list: all conservative, some provocative, Reuters (May 19, 2015) (quoting Brief of the States of Alabama, South Carolina, and Utah as Amici Curiae in Support of Respondent, Lawrence v. Texas, No. 02-102, at p. 25: "A constitutional right that protects 'the choice of one's partner' and 'whether and how to connect sexually' must logically extend to activities like prostitution, adultery, necrophilia, bestiality, possession of child pornography, and even incest and pedophilia.").
  21. ^ Stolberg, Sheryl (June 10, 2005). "A Different Timpanist". The New York Times. Retrieved January 12, 2017.
  22. ^ Lewis, Neil A. (February 21, 2004). "Bypassing Senate For Second Time, Bush Seats Judge". The New York Times. Retrieved July 2, 2018.
  23. ^ "Recess Appointments". CNN. August 2, 2005. Retrieved December 18, 2016.
  24. ^ "Presidential Nomination 200, 109th United States Congress". United States Congress. February 14, 2005. Retrieved July 2, 2018.
  25. ^ "On the Nomination (Confirmation William H. Pryor, Jr., of Alabama, to be U.S. Circuit Judge)". senate.gov. Retrieved July 8, 2018.
  26. ^ William H. Pryor Jr. at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  27. ^ Denis Steven Rutkus (2007), U.S. Circuit and District Court Nominations by President George W. Bush During the 107th–109th Congresses (PDF), Congressional Research Service.
  28. ^ "Presidential Nomination 324, 113th United States Congress". United States Congress. April 15, 2013. Retrieved July 2, 2018.
  29. ^ "PN324 - Nomination of William H. Pryor Jr. for United States Sentencing Commission, 113th Congress (2013-2014)". www.congress.gov. June 6, 2013. Retrieved December 13, 2021.
  30. ^ . United States Sentencing Commission. Archived from the original on January 9, 2017. Retrieved January 8, 2017.
  31. ^ Raymond, Nate (July 11, 2022). . Reuters. Archived from the original on May 10, 2023. Retrieved May 10, 2023.
  32. ^ a b Journal, A. B. A. . ABA Journal. Archived from the original on May 10, 2023. Retrieved May 10, 2023.
  33. ^ a b In re: Complaint of Judicial Misconduct, C.C.D. No. 22-01 (July 8, 2022) [1], at 7.
  34. ^ Raymond, Nate; Raymond, Nate (November 2, 2023). "US judges defeat misconduct case over hiring of clerk accused of racism". Reuters. Retrieved November 7, 2023.
  35. ^ In re Charge of Judicial Misconduct (2d Cir. Oct. 31, 2023), https://fingfx.thomsonreuters.com/gfx/legaldocs/zdpxrwqobpx/11012023pryor.pdf
  36. ^ Note, Recent Case: Eleventh Circuit Holds Misapplication of "Career Offender" Enhancement Not Cognizable Under 28 U.S.C. § 2255, 128 Harv. L. Rev. 2294 (2015).
  37. ^ Spencer v. United States, 773 F.3d 1132 (11th Cir. 2014)(en banc).
  38. ^ Note, The Supreme Court, 2014 Term — Leading Cases, 129 Harv. L. Rev. 281 (2015).
  39. ^ Alabama Legislative Black Caucus v. Alabama, 989 F. Supp. 2d 1227 (M.D. Ala. 2013).
  40. ^ "Trump v. United States".
  41. ^ "United States v. Phillips" (PDF). U.S. Courts. August 23, 2016. Retrieved November 23, 2016.
  42. ^ "Eternal Word Television Network, Inc. v. Sec'y, U.S. Dept. of Health & Human Servs" (PDF). U.S. Courts. June 30, 2014. Retrieved November 11, 2016.
  43. ^ "Walker v. R.J. Reynolds Tobacco Co" (PDF). U.S. Courts. October 31, 2013. Retrieved November 11, 2016.
  44. ^ "Day v. Persels & Associates" (PDF). U.S. Courts. September 10, 2013. Retrieved November 11, 2016.
  45. ^ "United States v. Bellaizac-Hurtado" (PDF).
  46. ^ "Glenn v. Brumby".
  47. ^ "United States v. Shaygan" (PDF).
  48. ^ "United States v. Shaygan" (PDF).
  49. ^ "First Vagabonds Church of God v. Orlando" (PDF).
  50. ^ "In re United States" (PDF).
  51. ^ "Scott v. Roberts" (PDF).
  52. ^ "Common Cause/Georgia v. Billups" (PDF).
  53. ^ "Pelphrey v. Cobb County" (PDF).
  54. ^ "United States v. Campa" (PDF).
  55. ^ "Zibtluda LLC v. Gwinnett County, Georgia" (PDF).
  56. ^ "Cases & Controversies". Legal Affairs. September 2005. from the original on February 9, 2006.
  57. ^ . The Decatur Daily News. Decatur, Alabama. June 15, 2005. Archived from the original on May 20, 2006. Retrieved June 30, 2019.
  58. ^ . www.donaldjtrump.com. Archived from the original on January 11, 2017. Retrieved January 3, 2017.
  59. ^ CBSN (February 15, 2016), Full CBS News South Carolina Republican Debate, archived from the original on December 13, 2021, retrieved January 3, 2017
  60. ^ "Bill Pryor, former Alabama Attorney General, among Trump's top 2 Supreme Court prospects: Reports". AL.com. Retrieved January 3, 2017.
  61. ^ Trump to announce Supreme Court pick on Tuesday, usatoday.com, January 30, 2017; accessed February 14, 2017.

External links edit

Party political offices
Preceded by Republican nominee for Attorney General of Alabama
1998, 2002
Succeeded by
Legal offices
Preceded by Attorney General of Alabama
1997–2004
Succeeded by
Preceded by Judge of the United States Court of Appeals for the Eleventh Circuit
2004–present
Incumbent
Preceded by Chief Judge of the United States Court of Appeals for the Eleventh Circuit
2020–present
Government offices
Preceded by Chair of the United States Sentencing Commission
Acting

2017–2018
Succeeded by

william, pryor, other, people, named, william, pryor, william, pryor, disambiguation, william, holcombe, pryor, born, april, 1962, american, lawyer, served, chief, judge, united, states, court, appeals, eleventh, circuit, since, 2020, appointed, united, states. For other people named William Pryor see William Pryor disambiguation William Holcombe Pryor Jr born April 26 1962 is an American lawyer who has served as the chief judge of the United States Court of Appeals for the Eleventh Circuit since 2020 He was appointed as a United States circuit judge of the court by President George W Bush in 2004 He is a former commissioner of the United States Sentencing Commission 1 Previously he was the attorney general of Alabama from 1997 to 2004 William H Pryor Jr Pryor in 2022Chief Judge of the United States Court of Appeals for the Eleventh CircuitIncumbentAssumed office June 3 2020Preceded byEdward Earl CarnesJudge of the United States Court of Appeals for the Eleventh CircuitIncumbentAssumed office February 20 2004Appointed byGeorge W BushPreceded byEmmett Ripley CoxChair of the United States Sentencing CommissionActing January 3 2017 December 2018PresidentBarack ObamaDonald TrumpPreceded byPatti B SarisSucceeded byCharles Breyer acting 45th Attorney General of AlabamaIn office January 3 1997 February 20 2004GovernorFob JamesDon SiegelmanBob RileyPreceded byJeff SessionsSucceeded byTroy KingPersonal detailsBorn 1962 04 26 April 26 1962 age 61 Mobile Alabama U S Political partyRepublicanEducationNortheast Louisiana University BA Tulane University JD Contents 1 Early life and education 2 Legal career 3 Political career 4 Federal judicial service 4 1 Eleventh Circuit nomination and confirmation 4 2 Sentencing commission service 4 3 Misconduct investigation 4 4 Notable opinions 5 Supreme Court consideration 6 See also 7 References 8 External linksEarly life and education editPryor was born in 1962 in Mobile Alabama the son of William Holcombe Pryor and Laura Louise Bowles Pryor was raised in a devoutly Roman Catholic family 2 He and his siblings attended McGill Toolen Catholic High School in Mobile Pryor attended Northeast Louisiana University now University of Louisiana at Monroe on a band scholarship graduating in 1984 with a Bachelor of Arts magna cum laude He then attended Tulane University Law School He became editor in chief of the Tulane Law Review and graduated in 1987 with a Juris Doctor magna cum laude 3 Legal career editAfter law school Pryor served as a law clerk to judge John Minor Wisdom of the U S Court of Appeals for the Fifth Circuit from 1987 to 1988 4 He then entered private practice with the Birmingham Alabama law firm Cabaniss Johnston Gardner Dumas amp O Neal He also served as an adjunct professor of maritime law at the Cumberland School of Law at Samford University from 1989 to 1995 Pryor is currently a visiting professor at the University of Alabama School of Law 5 and an adjunct professor at the Cumberland School of Law at Samford University 6 Political career editIn 1994 Pryor was introduced to Jeff Sessions who was then campaigning to become the attorney general of Alabama 7 Sessions won and from 1995 to 1997 Pryor served as Alabama s deputy attorney general 7 When Sessions became a U S Senator in 1997 Alabama Governor Fob James made Pryor the state s Attorney General 7 He was at that time the youngest state attorney general in the United States Pryor was elected in 1998 and reelected in 2002 At reelection Pryor received nearly 59 of the vote the highest percentage of any statewide candidate 8 Pryor received national attention in 2003 when he called for the removal of Alabama chief justice Roy Moore who had disobeyed a federal court order to remove a Ten Commandments monument from the Alabama judicial building Pryor said that although he agreed with the propriety of displaying the Ten Commandments in a courthouse he was bound to follow the court order and uphold the rule of law Pryor personally prosecuted Moore for violations of the canons of judicial ethics and the Alabama Court of the Judiciary unanimously removed Moore from office 9 Pryor was criticized 10 for his refusal to reopen the case of Anthony Ray Hinton an Alabama man whose 1985 conviction was vacated in 2015 11 In 2014 the United States Supreme Court held that Hinton s trial lawyer was constitutionally deficient because he failed to research how much money he could obtain for an expert witness 12 The expert that Hinton s lawyer obtained on the cheap was insufficiently qualified Hinton was released on April 3 2015 after the State of Alabama could not gather enough evidence for a retrial 13 In 2002 Pryor opposed Hinton s attempts to challenge his conviction stating that Hinton s new experts did not prove his innocence and the state does not doubt his guilt 14 Federal judicial service edit nbsp Pryor s official portrait c 2004 Eleventh Circuit nomination and confirmation edit Pryor was nominated to the United States Court of Appeals for the Eleventh Circuit by president George W Bush on April 9 2003 to fill a seat vacated by judge Emmett Ripley Cox who had assumed senior status 15 Originally William H Steele had been nominated to the seat in 2001 but his nomination had become stalled in the Democratic controlled Senate Judiciary Committee during the 107th United States Congress because African American groups protested his decisions in two civil rights cases as a magistrate judge His nomination was withdrawn in January 2003 Pryor was nominated as Steele s replacement citation needed Despite the fact that the 108th United States Congress was controlled by the Republican Party Senate Democrats refused to allow Pryor to be confirmed criticizing him as an extremist citing statements he had made such as referring to the Supreme Court as nine octogenarian lawyers and saying that Roe v Wade was the worst abomination in the history of constitutional law 16 During the confirmation hearing Pryor was criticized in particular for filing an amicus brief in 2003 on behalf of the state of Alabama in the U S Supreme Court case of Lawrence v Texas that urged the Court to uphold Texas penal code 21 06 which classifies homosexual sex as a misdemeanor 17 Pryor wrote in the brief that this Court has never recognized a fundamental right to engage in sexual activity outside of monogamous heterosexual marriage let alone to engage in homosexual sodomy 18 further arguing that the recognition of a constitutional right to sodomy would logically extend to activities like prostitution adultery necrophilia bestiality incest and pedophilia 19 20 21 Due to a filibuster of his nomination George W Bush installed Pryor as a circuit court judge on February 20 2004 using a recess appointment to bypass the regular Senate confirmation process 22 Pryor resigned as Alabama s attorney general that same day and took his judicial oath for a term lasting until the end of the first session of the 109th Congress December 22 2005 when his appointment would have ended had he not been eventually confirmed 23 On May 23 2005 senator John McCain announced an agreement between seven Republican and seven Democratic U S senators the Gang of 14 to ensure an up or down vote on Pryor and two other stalled Bush nominees Priscilla Owen and Janice Rogers Brown On June 9 2005 Pryor was confirmed to the Eleventh Circuit by a 53 45 vote 24 25 Pryor received his commission on June 10 2005 26 On June 20 2005 he was sworn in at the age of 43 27 failed verification Sentencing commission service edit President Barack Obama nominated Pryor to serve as a commissioner on the United States Sentencing Commission on April 15 2013 28 Pryor had experience with sentencing issues and reform at the state level During his tenure as attorney general of Alabama he successfully led the effort to establish by legislation the Alabama sentencing commission Pryor has written several law review articles about his experiences with sentencing reform The Senate unanimously confirmed Pryor by voice vote on June 6 2013 and he served a term that expired on October 31 2017 29 On January 3 2017 Pryor was named the Acting Chair of the Commission 30 Pryor continued to serve as an active judge on the Eleventh Circuit during his service on the Commission Misconduct investigation edit In January 2022 the United States Court of Appeals for the Second Circuit threw out a complaint against Pryor and a District Court Judge Corey Maze for their hiring of Crystal Clanton 31 The complaint alleged that Pryor hired Clanton despite knowledge of reports that she had sent multiple racist texts to colleagues in her student group Turning Point USA including one reading I hate Black People 32 After working at Turning Point USA Clanton had lived with Supreme Court Justice Clarence Thomas and his wife who wrote a letter to the Second Circuit stating that She is a good and decent young woman who has had to overcome some challenging difficulties in life only to be smeared by others who would collapse if this happened to their own children 32 On July 8 2022 the Judicial Conference s Committee on Judicial Conduct and Disability sent the case back to the Second Circuit writing that b ecause a special committee was not appointed to investigate the complaints there is not enough information in the record to determine how the matter should be concluded 33 The case was sent back with instructions to a t a minimum attempt to interview the candidate and the witnesses identified in the media reports 33 But on October 31 2023 the Second Circuit unanimously declined to disturb its earlier decision 34 Based on guidance that it received from the Executive Committee of the Judicial Conference of the United States the Second Circuit ruled that its original decision dismissing the complaint against Pryor and Maze was final and conclusive 35 Notable opinions edit In November 2014 Pryor wrote for the en banc circuit when it found by a vote of 5 4 that an inmate who is no longer classified as a career offender nevertheless cannot seek a sentencing reduction 36 37 In Alabama Legislative Black Caucus v Alabama 2015 the Supreme Court by a vote of 5 4 vacated a three judge district court opinion by Pryor which had rejected the plaintiff s racial gerrymandering claims 38 39 Trump v United States 11th Cir 2022 Pryor was part of a panel which issued a per curiam opinion vacating U S District Judge Aileen M Cannon s September 5 Order in the Mar a Lago documents case The opinion held that the district court s exercise of equitable jurisdiction constituted an abuse of discretion and accordingly remanded the matter with instructions for the district court to dismiss the case In doing so the opinion rejected the notion that the execution of a search warrant at the home of a former president is sufficient to warrant an exercise of equitable jurisdiction 40 United States v Phillips 11th Cir 2016 Pryor wrote an opinion for a unanimous panel affirming the denial of Ted Phillips s motion to suppress The police caught Phillips a convicted felon with a firearm while they were arresting him on a civil writ of bodily attachment for his failure to pay child support The Court s opinion explored the original meaning of the Fourth Amendment and the history of civil writs to conclude that the writ for unpaid child support gave the police the authority to arrest Phillips and to conduct a search incident to arrest 41 Eternal Word Television Network Inc v Sec y U S Dept of Health amp Human Servs 11th Cir 2014 In a unanimous order a panel of the Eleventh Circuit enjoined the Secretary of HHS from enforcing the contraception mandate against Catholic television network EWTN Judge Pryor specially concurred explaining why in light of the Supreme Court s decision in Hobby Lobby EWTN had shown a substantial likelihood of success on the merits under the Religious Freedom Restoration Act The concurrence is particularly notable because Judge Pryor noted that he parted ways with decisions of the Sixth and Seventh Circuits on the subject because the decisions of those courts are wholly unpersuasive 42 Walker v R J Reynolds Tobacco Co 11th Cir 2013 On behalf of a unanimous panel Pryor rejected the due process challenge brought by R J Reynolds to the application as res judicata of the previous determinations on liability made by a Florida jury in an unorthodox class action against the tobacco companies in the 1990s The panel concluded that it was required to give full faith and credit to the decision of the Florida trial court as interpreted by the Florida Supreme Court and that the application of full faith and credit did not violate the tobacco company s due process rights because R J Reynolds had been given notice and an opportunity to be heard throughout the litigation The opinion is particularly notable for a colorful paragraph at its conclusion discussing the intractable problem of tobacco litigation 43 Day v Persels amp Associates 11th Cir 2013 Pryor wrote the majority 2 1 opinion vacating a settlement award in a class action relating to debt settlement services The court concluded that the magistrate judge had subject matter jurisdiction to approve the settlement because unnamed class members are not parties whose consent is required for adjudication by a magistrate judge But the court also concluded that the magistrate judge had abused its discretion when it approved a settlement that provided no monetary relief to the class members because he found that the defendants could not pay such monetary relief but no evidence supported that finding 44 United States v Bellaizac Hurtado 11th Cir 2012 Pryor wrote the majority 2 1 opinion reversing the convictions of four defendants for drug trafficking in the territorial waters of Panama because the Act that criminalized their behavior exceeded the authority of Congress under the Offences against the Law of Nations Clause of the Constitution The opinion is the first in depth interpretation of the constitutional provision by a federal circuit court Judge Rosemary Barkett specially concurred in the judgment 45 Glenn v Brumby 11th Cir 2011 Pryor joined a unanimous panel decision that held that discriminating against someone on the basis of his or her gender non conformity constitutes sex based discrimination under the Equal Protection Clause 46 United States v Shaygan 11th Cir 2011 Pryor wrote the majority 2 1 opinion vacating an award of over 600 000 in attorney s fees and costs against the United States and the public reprimand of two federal prosecutors The court explained that the prosecution was objectively reasonable and did not warrant sanctions under the Hyde Amendment The court also concluded that the district court had violated the due process rights of the federal prosecutors when it denied them notice of the charges and an opportunity to be heard 47 Pryor later wrote a statement respecting the denial of rehearing en banc of this opinion in United States v Shaygan 11th Cir April 10 2012 48 First Vagabonds Church of God v Orlando 11th Cir 2011 Writing for a unanimous en banc court Pryor rejected an as applied challenge by Orlando Food Not Bombs to a municipal ordinance that restricted the frequency of its feedings of homeless persons in parks located within a 2 mile radius of the Orlando City Hall The court assumed without deciding that the feeding of homeless persons constituted expressive conduct and determined that the ordinance as applied to Orlando Food Not Bombs constituted a reasonable time place or manner restriction and a reasonable regulation of expressive conduct 49 In re United States 11th Cir 2010 Pryor wrote the majority 2 1 opinion granting a writ of mandamus to substitute an Assistant Administrator of the EPA for the appearance of the Administrator in a case about the ecology of the Everglades The panel explained that the district court had abused its discretion in ordering the appearance of the agency head and encroached on the separation of powers 50 Scott v Roberts 11th Cir 2010 Pryor wrote for a unanimous panel reversing the district court and preliminarily restraining the enforcement of a Florida law that provided a dollar for dollar subsidy to a candidate s opponent once that candidate exceeded a statutory expenditure limit The panel concluded that Rick Scott then candidate in the Republican primary for the Governor of Florida had made a substantial showing of likelihood of success on the merits because even if the law served compelling state interests the law was not the least restrictive means of serving those interests Scott went on to win the Republican primary and the general election 51 Common Cause Georgia v Billups 11th Cir 2009 Pryor wrote for a unanimous panel upholding a Georgia law that required all registered voters in Georgia to present a government issued photo identification to be allowed to vote in person The law also required Georgia to issue free of charge a Georgia voter identification card to any registered Georgia voter who lacked an acceptable form of identification The panel concluded that the NAACP and voters had standing to challenge the law but that the district court did not abuse its discretion when it declined to enjoin the law because the burdens on voters from the law were insignificant and the state had legitimate interests in preventing voter fraud 52 Pelphrey v Cobb County 11th Cir 2008 Pryor wrote the majority 2 1 opinion joined by judge Charles R Wilson affirming the district court ruling that sectarian prayers used to open commission meetings did not violate the Establishment Clause as long as the prayer opportunity was not exploited to proselytize or to advance or disparage any particular faith or belief U S district court judge Donald M Middlebrooks dissented 53 United States v Campa 11th Cir 2008 Pryor wrote the majority 2 1 opinion joined by Birch upholding the convictions of five Cuban spies The Cuban Five for espionage 54 Zibtluda LLC v Gwinnett County Georgia 11th Cir 2005 Opinion affirmed district court ruling that a local ordinance limiting the placement of adult entertainment establishments was constitutional The opinion was notable for Pryor s quote of a line from The B 52 s song Love Shack in describing the proposed establishment 55 56 57 Supreme Court consideration editOn May 16 2016 then presidential candidate Donald Trump released a list of eleven individuals from which he would pick to fill the vacancy left on the Supreme Court by the death of Antonin Scalia including Pryor 58 At a Republican primary debate in South Carolina Trump said the following about Supreme Court nominations we could have a Diane Sykes or you could have a Bill Pryor we have some fantastic people 59 It was reported in mid December that Trump had narrowed his choices to three or four individuals with the top two leading candidates being Sykes and Pryor 60 Trump announced Neil Gorsuch for his pick for the Court on January 31 2017 61 See also editGeorge W Bush judicial appointment controversies George W Bush Supreme Court candidates Donald Trump Supreme Court candidatesReferences edit U S Sentencing Commission Bios of Commissioners Archived from the original on April 8 2016 Retrieved November 8 2013 Pryor Perhaps the most polarizing Supreme Court justice possibility Washington Post Retrieved October 5 2018 Pryor William Holcombe Jr Federal Judicial Center www fjc gov Retrieved October 5 2018 Russell Kevin Davis Charles January 10 2017 Potential nominee profile William Pryor Expanded SCOTUSblog Retrieved July 2 2018 University of Alabama Faculty Page Retrieved November 8 2013 Cumberland School of Law Adjunct Faculty Page Archived from the original on November 9 2013 Retrieved November 8 2013 a b c Stolberg Sheryl Gay June 10 2005 A Different Timpanist The New York Times Retrieved July 2 2018 Alabama Department of Archives amp History August 25 2009 Alabama Attorneys General Ten Commandments Judge Removed From Office CNN November 14 2003 Kyle Whitmire April 3 2015 Alabama tried to kill a man who never should have been on death row The Birmingham News Retrieved January 26 2016 Kent Faulk January 15 2015 Man being removed from Alabama Death Row for retrial in 1985 slayings of Birmingham fast food managers AL com Hinton v Alabama 571 U S 2014 Abby Phillip April 3 2015 Alabama inmate free after three decades on death row Wash Post Adam Liptak February 24 2003 Experts Question Verdict But the State Is Unmoved The New York Times Retrieved January 26 2016 Presidential Nomination 512 108th United States Congress United States Congress April 9 2003 Retrieved July 2 2018 CONFIRMATION HEARING ON THE NOMINATIONS OF WILLIAM H PRYOR JR TO BE CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT AND DIANE M STUART TO BE DIRECTOR VIOLENCE AGAINST WOMEN OFFICE DEPARTMENT OF JUSTICE gpo gov Retrieved July 8 2018 Mortimer Caroline November 17 2016 Donald Trump s potential Supreme Court judge pick thinks gay people should be jailed for having sex The Independent Retrieved January 12 2017 Costa Daniela November 15 2016 Trump Supreme Court Pick William Pryor Thinks Gays Should Be Jailed For Having Sex In Their Homes Gaily Grind Archived from the original on December 9 2018 Retrieved December 9 2018 Transcript NOW on PBS PBS July 11 2003 Lawrence Hurley Trump s U S high court list all conservative some provocative Reuters May 19 2015 quoting Brief of the States of Alabama South Carolina and Utah as Amici Curiae in Support of Respondent Lawrence v Texas No 02 102 at p 25 A constitutional right that protects the choice of one s partner and whether and how to connect sexually must logically extend to activities like prostitution adultery necrophilia bestiality possession of child pornography and even incest and pedophilia Stolberg Sheryl June 10 2005 A Different Timpanist The New York Times Retrieved January 12 2017 Lewis Neil A February 21 2004 Bypassing Senate For Second Time Bush Seats Judge The New York Times Retrieved July 2 2018 Recess Appointments CNN August 2 2005 Retrieved December 18 2016 Presidential Nomination 200 109th United States Congress United States Congress February 14 2005 Retrieved July 2 2018 On the Nomination Confirmation William H Pryor Jr of Alabama to be U S Circuit Judge senate gov Retrieved July 8 2018 William H Pryor Jr at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center Denis Steven Rutkus 2007 U S Circuit and District Court Nominations by President George W Bush During the 107th 109th Congresses PDF Congressional Research Service Presidential Nomination 324 113th United States Congress United States Congress April 15 2013 Retrieved July 2 2018 PN324 Nomination of William H Pryor Jr for United States Sentencing Commission 113th Congress 2013 2014 www congress gov June 6 2013 Retrieved December 13 2021 CIRCUIT JUDGE WILLIAM H PRYOR NAMED ACTING CHAIR OF COMMISSION United States Sentencing Commission Archived from the original on January 9 2017 Retrieved January 8 2017 Raymond Nate July 11 2022 U S judicial panel orders probe into hiring of clerk accused of racism Reuters Archived from the original on May 10 2023 Retrieved May 10 2023 a b Journal A B A Judicial panel orders probe into federal judges hiring of law clerk accused of racist statements ABA Journal Archived from the original on May 10 2023 Retrieved May 10 2023 a b In re Complaint of Judicial Misconduct C C D No 22 01 July 8 2022 1 at 7 Raymond Nate Raymond Nate November 2 2023 US judges defeat misconduct case over hiring of clerk accused of racism Reuters Retrieved November 7 2023 In re Charge of Judicial Misconduct 2d Cir Oct 31 2023 https fingfx thomsonreuters com gfx legaldocs zdpxrwqobpx 11012023pryor pdf Note Recent Case Eleventh Circuit Holds Misapplication of Career Offender Enhancement Not Cognizable Under 28 U S C 2255 128 Harv L Rev 2294 2015 Spencer v United States 773 F 3d 1132 11th Cir 2014 en banc Note The Supreme Court 2014 Term Leading Cases 129 Harv L Rev 281 2015 Alabama Legislative Black Caucus v Alabama 989 F Supp 2d 1227 M D Ala 2013 Trump v United States United States v Phillips PDF U S Courts August 23 2016 Retrieved November 23 2016 Eternal Word Television Network Inc v Sec y U S Dept of Health amp Human Servs PDF U S Courts June 30 2014 Retrieved November 11 2016 Walker v R J Reynolds Tobacco Co PDF U S Courts October 31 2013 Retrieved November 11 2016 Day v Persels amp Associates PDF U S Courts September 10 2013 Retrieved November 11 2016 United States v Bellaizac Hurtado PDF Glenn v Brumby United States v Shaygan PDF United States v Shaygan PDF First Vagabonds Church of God v Orlando PDF In re United States PDF Scott v Roberts PDF Common Cause Georgia v Billups PDF Pelphrey v Cobb County PDF United States v Campa PDF Zibtluda LLC v Gwinnett County Georgia PDF Cases amp Controversies Legal Affairs September 2005 Archived from the original on February 9 2006 Pryor quotes B 52s in decision The Decatur Daily News Decatur Alabama June 15 2005 Archived from the original on May 20 2006 Retrieved June 30 2019 SHOW YOUR SUPPORT FOR DONALD TRUMP www donaldjtrump com Archived from the original on January 11 2017 Retrieved January 3 2017 CBSN February 15 2016 Full CBS News South Carolina Republican Debate archived from the original on December 13 2021 retrieved January 3 2017 Bill Pryor former Alabama Attorney General among Trump s top 2 Supreme Court prospects Reports AL com Retrieved January 3 2017 Trump to announce Supreme Court pick on Tuesday usatoday com January 30 2017 accessed February 14 2017 External links edit nbsp Wikiquote has quotations related to William H Pryor Jr William H Pryor Jr at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center Appearances at the U S Supreme Court from the Oyez Project US DOJ webpage White House judicial nominee biography Campaign Contributions Made by William Pryor Archived March 29 2006 at the Wayback Machine Appearances on C SPAN Contributor profile at the Federalist SocietyParty political officesPreceded byJeff Sessions Republican nominee for Attorney General of Alabama1998 2002 Succeeded byTroy KingLegal officesPreceded byJeff Sessions Attorney General of Alabama1997 2004 Succeeded byTroy KingPreceded byEmmett Ripley Cox Judge of the United States Court of Appeals for the Eleventh Circuit2004 present IncumbentPreceded byEdward Earl Carnes Chief Judge of the United States Court of Appeals for the Eleventh Circuit2020 presentGovernment officesPreceded byPatti B Saris Chair of the United States Sentencing CommissionActing2017 2018 Succeeded byCharles BreyerActing Retrieved from https en wikipedia org w index php title William H Pryor Jr amp oldid 1183889568, wikipedia, wiki, book, books, library,

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