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Homer Thornberry
Homer Thornberry
Senior Judge of the United States Court of Appeals for the Fifth Circuit
	In office; December 21, 1978 – December 12, 1995
Judge of the United States Court of Appeals for the Fifth Circuit
	In office; July 1, 1965 – December 21, 1978
Appointed by	Lyndon B. Johnson
Preceded by	Joseph Chappell Hutcheson Jr.
Succeeded by	Reynaldo Guerra Garza
Judge of the United States District Court for the Western District of Texas
	In office; December 17, 1963 – July 1, 1965
Nominated by	John F. Kennedy
Appointed by	Lyndon B. Johnson
Preceded by	R. Ewing Thomason
Succeeded by	Jack Roberts
Member of the U.S. House of Representatives; from Texas's 10th district
	In office; January 3, 1949 – December 20, 1963
Preceded by	Lyndon B. Johnson
Succeeded by	J. J. Pickle
Personal details
Born	William Homer Thornberry; January 9, 1909; Austin, Texas, U.S.
Died	December 12, 1995 (aged 86); Austin, Texas, U.S.
Resting place	Texas State Cemetery
Political party	Democratic
Spouse(s)	Eloise Engle (1945–1989); Marian Harris Gilliam (1990–1995)
Children	3
Education	University of Texas, Austin (BBA, LLB)

William Homer Thornberry (January 9, 1909 – December 12, 1995) was an American politician and judge. He served as the United States representative from the 10th congressional district of Texas from 1949 to 1963. From 1963 to 1965 he was a judge for the United States District Court for the Western District of Texas, and he was a judge for the United States Court of Appeals for the Fifth Circuit from 1965 to 1978.

Early life

Thornberry was born in Austin, Texas. His parents were teachers in the State School for the Deaf and were themselves deaf.^[1] He attended public schools in Austin and graduated from Austin High School in 1927.^{[citation needed]} He received a Bachelor of Business Administration in 1932 from the University of Texas at Austin and his Bachelor of Laws in 1936, from the University of Texas School of Law, where he was a member of the Acacia fraternity. He was in private practice of law in Austin from 1936 to 1941. He was a Member of the Texas House of Representatives from 1937 to 1941. He was district attorney of Travis County, Texas from 1941 to 1942. He was a United States Navy Lieutenant Commander from 1942 to 1946. He was in private practice of law in Austin from 1946 to 1948. He was a Member of the Austin City Council from 1946 to 1948.^[2]

United States representative

Thornberry was elected in 1948 to the 81st United States Congress as a United States representative of the 10th congressional district of Texas. In winning the seat, he replaced its former occupant, Lyndon B. Johnson, who had been elected that year for the first time to the United States Senate. Thornberry was a member of the Rules Committee of the United States House of Representatives from January 1955 to his 1963 resignation, when he was appointed by Johnson, now President, to the federal bench.^[3]

He was one of the majority of the Texan delegation to decline to sign the 1956 Southern Manifesto opposing the desegregation of public schools ordered by the Supreme Court in Brown v. Board of Education. Thornberry voted against the Civil Rights Act of 1957 but in favor of the Civil Rights Act of 1960 and the 24th Amendment to the U.S. Constitution.^[4]^[5]^[6]

Thornberry was present on Air Force One and witnessed Lyndon Johnson taking the oath of office following the assassination of President Kennedy.^[7]^[8] He would move into the Elms, the Johnson's home to help in the difficult transition to the new president.

Federal judicial service

Thornberry was nominated by President John F. Kennedy on July 9, 1963, to a seat on the United States District Court for the Western District of Texas vacated by Judge R. Ewing Thomason. He was confirmed by the United States Senate on July 15, 1963, and received his commission from President Lyndon B. Johnson on December 17, 1963. His service was terminated on July 2, 1965, due to elevation to the Fifth Circuit.^[2]

Thornberry was nominated by President Johnson on June 22, 1965, to a seat on the United States Court of Appeals for the Fifth Circuit vacated by Judge Joseph Chappell Hutcheson Jr. He was confirmed by the Senate on July 1, 1965, and received his commission the same day. He assumed senior status on December 21, 1978. His service was terminated on December 12, 1995, due to his death.^[2]

Supreme Court nomination

On June 26, 1968,^[9] Johnson nominated Thornberry as an associate justice of the United States Supreme Court, to fill the anticipated vacancy to be created by the nomination of associate justice Abe Fortas to become the next chief justice, upon the retirement of Earl Warren.^[10] The Senate Judiciary Committee held hearings on the nomination simultaneously with those on the Fortas nomination.^[9] On October 4, 1968, after several days of contentious debate on the floor of the Senate, and with prospects for confirmation fading, Johnson withdrew the Fortas nomination. As Fortas remained an associate justice, Thornberry's nomination became moot; no further action was taken and the nomination was withdrawn by the president.^[10]

Death

Thornberry died on December 12, 1995, at his home in Austin^[2] and was interred at the Texas State Cemetery in Austin.^[11]

He was first married to the former Eloise Engle (1919–1989).^[1] After her death he wed Marian Davis. With his first wife, Thornberry was the father of three children, Molly, David, and Kate.^[1] He received an honorary doctorate degree from Gallaudet University in 1954.^[12]

References

^ ^a ^b ^c Weil, Martin (December 13, 1995). "Homer Thornberry Dies at 86". Washington Post. Washington, DC.
^ ^a ^b ^c ^d William Homer Thornberry at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
^ "William Homer Thornberry". Biographical Directory of the United States Congress.
^ "HR 6127. CIVIL RIGHTS ACT OF 1957". GovTrack.us.
^ "HR 8601. PASSAGE".
^ "S.J. RES. 29. CONSTITUTIONAL AMENDMENT TO BAN THE USE OF POLL TAX AS A REQUIREMENT FOR VOTING IN FEDERAL ELECTIONS". GovTrack.us.
^ Graham, Fred P. (June 27, 1968). "Johnson Appoints Fortas to Head Supreme Court; Thornberry to be Justice". The New York Times. p. 1.
^ Thomas Jr., Robert McG. (December 13, 1995). "Homer Thornberry, Appeals Judge, Dies at 86". p. D19.
^ ^a ^b McMillion, Barry J. (January 28, 2022). Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved February 21, 2022.
^ ^a ^b Hindley, Meredith (October 2009). "Supremely Contentious: The Transformation of "Advice and Consent"". Humanities. Vol. 30, no. 5. National Endowment for the Humanities. Retrieved February 21, 2022.
^ "Burial Entry, William Homer Thornberry". Texas State Cemetery. Austin, TX: Texas State Preservation Board. Retrieved January 5, 2020.
^ "Gallaudet University Alumni Cards". hdl:1961/2041-48464.

Sources

"William Homer Thornberry". Biographical Directory of the United States Congress.
William Homer Thornberry at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
"William Thornberry". Texas State Cemetery. Retrieved 20 June 2005.
Thomas Jr., Robert McG. (December 13, 1995). "Homer Thornberry, Appeals Judge, Dies at 86". New York Times. Retrieved 2014-03-26.
"Thornberry". The Alcalde. Vol. LIV, no. V. Austin, Texas: Ex-Students' Association, University of Texas. January 1996. pp. 11–12. Retrieved 2014-03-26. The University of Texas Alumni Magazine
Ybarra, Bob (2010). My Demons Were Real: Constitutional Lawyer Joseph Calamia's Journey. Houston, TX: Arte Publico Press. p. 20. ISBN 9781558856974. LCCN 2010033240. Retrieved 2014-03-26. homer thornberry district attorney.

U.S. House of Representatives
Preceded by Lyndon B. Johnson	Member of the United States House of Representatives from Texas's 12th congressional district 1949–1963	Succeeded by J. J. Pickle
Legal offices
Preceded by R. Ewing Thomason	Judge of the United States District Court for the Western District of Texas 1963–1965	Succeeded by Jack Roberts
Preceded by Joseph Chappell Hutcheson Jr.	Judge of the United States Court of Appeals for the Fifth Circuit 1965–1978	Succeeded by Reynaldo Guerra Garza