Eugene Nickerson
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Eugene Hoffman Nickerson (August 2, 1918 – January 1, 2002) was the Democratic county executive of
Nassau County, New York Nassau County ( ) is a county in the U.S. state of New York. At the 2020 U.S. census, Nassau County's population is 1,395,774. The county seat is Mineola and the largest town is Hempstead. Nassau County is situated on western Long Isl ...
, from 1962 until 1970. Nickerson was the only Democrat to be elected county executive in Nassau County until 2001. Later, as a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
of the
United States District Court for the Eastern District of New York The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, ...
, he presided over a challenge to the Pentagon's "
Don't ask, don't tell "Don't ask, don't tell" (DADT) was the official United States policy on military service of non-heterosexual people, instituted during the Clinton administration. The policy was issued under Department of Defense Directive 1304.26 on Decemb ...
" policy on homosexuality and the notorious
Abner Louima Abner Louima (born November 24, 1966 in Thomassin, Haiti) is a Haitian American man who, in 1997, was physically attacked, brutalized, and raped by officers of the New York City Police Department (NYPD) after he was arrested outside a Brooklyn ni ...
police brutality case in New York. Nickerson was nominated by President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 1 ...
on August 16, 1977, to a seat vacated by Orrin Judd. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on October 20, 1977, and received commission on October 21, 1977. Assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
on January 1, 1994. Nickerson's service was terminated on January 1, 2002, due to death.


Early life and education

Nickerson was a descendant both of the Nickerson family of
Cape Cod, Massachusetts Cape Cod is a peninsula extending into the Atlantic Ocean from the southeastern corner of mainland Massachusetts, in the northeastern United States. Its historic, maritime character and ample beaches attract heavy tourism during the summer mont ...
, and of President John Quincy Adams. His mother, né Ruth Constance Comstock (1891–1988), was from
Orange, New Jersey The City of Orange is a township in Essex County, in the U.S. state of New Jersey. As of the 2010 U.S. census, the township's population was 30,134, reflecting a decline of 2,734 (−8.3%) from the 32,868 counted in 2000. Orange was original ...
. She gave birth to three sons: Schuyler, Eugene and Adams. His father, Hoffman Nickerson (1888–1965), was an Army officer, state legislator, and historian who wrote ''The turning point of the Revolution; or, Burgoyne in America'' concerning the Saratoga campaign. Born in
Orange, New Jersey The City of Orange is a township in Essex County, in the U.S. state of New Jersey. As of the 2010 U.S. census, the township's population was 30,134, reflecting a decline of 2,734 (−8.3%) from the 32,868 counted in 2000. Orange was original ...
, Nickerson grew up in New York City and Mill Neck on Long Island. At St. Mark's School in
Southborough, Massachusetts Southborough is a town in Worcester County, Massachusetts, United States. It incorporates the villages of Cordaville, Fayville, and Southville. Its name is often informally shortened to Southboro, a usage seen on many area signs and maps, though ...
, he was quarterback of the football team and captain of the hockey team. But shortly before he entered
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
in 1937, Nickerson was stricken by
polio Poliomyelitis, commonly shortened to polio, is an infectious disease caused by the poliovirus. Approximately 70% of cases are asymptomatic; mild symptoms which can occur include sore throat and fever; in a proportion of cases more severe s ...
, seemingly ending what had started out to be a promising athletic career. For two years, he was forced to wear his right arm in a brace held out from his body. While at Harvard, Nickerson showed unusual perseverance by teaching himself to play squash with his left hand. Ultimately he was named the squash team's captain and its ranking player. Harvard's athletic director, William Bingham, wrote to another Harvard graduate, President
Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
, about the courage of this young squash player. President Roosevelt answered Bingham's letter saying "What we need are more Nickersons." Bingham sent a copy of the President's letter to Eugene's father, Hoffman Nickerson. The letter was kept in a box for years until Eugene's wife, Marie-Louise, took it out to read to their daughters. He graduated from Harvard with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
degree. In 1943, he graduated from
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
with a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
, where he was an editor of the ''
Columbia Law Review The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who se ...
''. Following graduation, he clerked for Judge Augustus Noble Hand of the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
, and then for Chief Justice
Harlan Fiske Stone Harlan is a given name and a surname which may refer to: Surname * Bob Harlan (born 1936 Robert E. Harlan), American football executive *Bruce Harlan (1926–1959), American Olympic diver *Byron B. Harlan (1886–1949), American politician * Byron ...
of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
from October 1944 to April 1946.


Professional career and government service

He worked for Wall Street law firm Milbank, Tweed, Hope, Hadley & McCloy, then Hale, Stimson, Russell & Nickerson. From 1970 until his appointment to the bench in October 1977, Nickerson was a name partner and litigator with the firm Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, now known as Kramer Levin Naftalis & Frankel.Eugene Nickerson, Ex-Nassau Politician And Judge in Louima Trials, Dies at 83
''New York Times''. January 3, 2002. Retrieved September 29, 2016.
Entering politics, he became the first Democrat to win a countywide seat in Nassau County, New York since 1912, when regular Republicans and the Progressive (Bull Moose) Party split the Republican vote. In his three three-year terms as county executive, Nickerson took a more liberal approach than his Republican predecessors, often working to expand social services for the needy in what was then one of the nation's fastest-growing counties. He was an early advocate of environmental protection, expanded Nassau County's park system, recruited college graduates for the police force, and favored progressive zoning regulations to open up housing opportunities to minorities and the poor. He later described his years in the post as reorienting "government to concern itself with human beings and their problems." Pressed by
Robert F. Kennedy Robert Francis Kennedy (November 20, 1925June 6, 1968), also known by his initials RFK and by the nickname Bobby, was an American lawyer and politician who served as the 64th United States Attorney General from January 1961 to September 1964, ...
, who recognized Nickerson's political talents, he ran for the United States Senate in 1968 but lost in the
Democratic primary This is a list of Democratic Party presidential primaries. 1912 This was the first time that candidates were chosen through primaries. New Jersey Governor Woodrow Wilson ran to become the nominee, and faced the opposition of Speaker of the Uni ...
. Nickerson was occasionally seen as an unusual member of the Democratic Party. Referring to the man who was the Democratic presidential nominee in 1952 and 1956, Nickerson once explained, " Adlai Stevenson turned me into a Democrat. I was active in his first campaign, and I stayed active. He brought in other people like myself who had intense interests about government, of ideals and principles."


Federal judicial service

Nickerson was nominated by President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 1 ...
on August 16, 1977, to a seat on the
United States District Court for the Eastern District of New York The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, ...
vacated by Judge Orrin Grimmell Judd. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on October 20, 1977, and received his commission on October 21, 1977. He assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
on January 1, 1994. His service was terminated on January 1, 2002, due to his death.


Failed nomination to the Second Circuit

On August 26, 1980, President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 1 ...
nominated Nickerson to a seat on the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
to replace Judge
Murray Gurfein Murray Irwin Gurfein (November 17, 1907 – December 16, 1979) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and prior to that a United States District Judge of the United States District Court fo ...
, who had died in 1979. However, given that the nomination occurred after the unofficial Thurmond Rule governing judicial nominations during presidential election years, the Senate never took up Nickerson's nomination. President Ronald Reagan chose instead to nominate Lawrence W. Pierce to the seat in September 1981. Pierce was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
in November 1981.


Death

Nickerson died January 1, 2002, in New York City aged 83, following complications after stomach surgery.


See also

*
Jimmy Carter judicial appointment controversies During President Jimmy Carter's presidency, he nominated four people for four different federal appellate judgeships who were not processed by the Democratic-controlled Senate Judiciary Committee before Carter's presidency ended. None of the four ...
*
List of law clerks of the Supreme Court of the United States (Chief Justice) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Th ...


References


External links


''New York Times'' ObituaryEugene H. Nickerson papers, 1955–1970
Rare Book & Manuscript Library, Columbia University Libraries {{DEFAULTSORT:Nickerson, Eugene Hoffman 1918 births 2002 deaths Harvard University alumni Columbia Law School alumni Judges of the United States District Court for the Eastern District of New York Law clerks of the Supreme Court of the United States Law clerks of Harlan F. Stone Nassau County Executives New York (state) Democrats People from Orange, New Jersey St. Mark's School (Massachusetts) alumni United States district court judges appointed by Jimmy Carter 20th-century American judges