Damon Jerome Keith (July 4, 1922 – April 28, 2019) was a United States circuit judge of the

United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...

and a former United States District Judge of the

United States District Court for the Eastern District of Michigan The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the United States district court, federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of M ...

Education and career

Keith was born and grew up in

Detroit Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...

Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...

, where he graduated from Northwestern High School in 1939. Keith then moved on to

West Virginia State College West Virginia State University (WVSU) is a public historically black, land-grant university in Institute, West Virginia, United States. Founded in 1891 as the West Virginia Colored Institute. It is one of the original 19 land-grant colleges a ...

where he received a

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

degree in 1943. He served in the

United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...

from 1943 to 1946. He then attended

Howard University School of Law Howard University School of Law (Howard Law or HUSL) is the law school of Howard University, a private, federally chartered historically black research university in Washington, D.C. It is one of the oldest law schools in the country and the old ...

where he received a

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

in 1949, and

Wayne State University Law School Wayne State University Law School (Wayne Law) is the law school of Wayne State University in Detroit. Wayne Law is located in Midtown, Detroit's Cultural Center. Founded in 1927, the law school offers juris doctor (J.D.), master of laws (LL.M.), ...

where he received a

Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is a postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in another subject. In many jurisdi ...

in 1956. He was in the private practice of law in Detroit from 1950 to 1967. He was an attorney in the Office of the Friend of the Court in Detroit from 1951 to 1955. In 1964 Keith was elected co-chair of the Michigan Civil Rights Commission with John Feikens and was a key player in the tumultuous times following the Detroit race riots.

Personal

Keith married Rachel Boone in 1953 and they had three daughters. Rachel died on January 4, 2007. Keith died on April 28, 2019, at his home in Detroit, at the age of 96. The cause was complications from

leukemia Leukemia ( also spelled leukaemia; pronounced ) is a group of blood cancers that usually begin in the bone marrow and produce high numbers of abnormal blood cells. These blood cells are not fully developed and are called ''blasts'' or '' ...

and

cardiovascular disease Cardiovascular disease (CVD) is any disease involving the heart or blood vessels. CVDs constitute a class of diseases that includes: coronary artery diseases (e.g. angina, heart attack), heart failure, hypertensive heart disease, rheumati ...

Federal judicial service

At the suggestion of

United States Senator The United States Senate consists of 100 members, two from each of the 50 U.S. state, states. This list includes all senators serving in the 119th United States Congress. Party affiliation Independent Senators Angus King of Maine and Berni ...

Philip Hart Philip Aloysius Hart (December 10, 1912December 26, 1976) was an American lawyer and politician. A Democrat, he served as a United States Senator from Michigan from 1959 until his death from cancer in Washington, D.C. in 1976. He was known as ...

, Keith was nominated by President

Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), also known as LBJ, was the 36th president of the United States, serving from 1963 to 1969. He became president after the assassination of John F. Kennedy, under whom he had served a ...

on September 25, 1967, to a seat on the

vacated by Judge Thomas Patrick Thornton. He was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on October 12, 1967, and received his commission the same day. He served as Chief Judge from 1975 to 1977. His service was terminated on November 22, 1977, due to his elevation to the Sixth Circuit. Keith was nominated by President

Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...

on September 28, 1977, to a seat on the

vacated by Judge Wade H. McCree. He was confirmed by the Senate on October 20, 1977, and received his commission on October 21, 1977. He was a member of the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial co ...

from 1975 to 1978. He assumed senior status on May 1, 1995.

Memberships and honors

In 1974, Keith was awarded the

Spingarn Medal The Spingarn Medal is awarded annually by the NAACP, National Association for the Advancement of Colored People (NAACP) for an outstanding achievement by an African Americans, African American. The award was created in 1914 by Joel Elias Spingarn, ...

from the

NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...

. Keith is a member of

Alpha Phi Alpha Alpha Phi Alpha Fraternity, Inc. () is the oldest intercollegiate List of African-American fraternities, historically African American Fraternities and sororities, fraternity. It was initially a literary and social studies club organized in the ...

fraternity. In 2008, Keith received an honorary doctorate in law (Legum Doctor) from

Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...

Notable cases

In ''United States v. Sinclair'' (1971), Keith famously ruled that Nixon's Attorney General

John N. Mitchell John Newton Mitchell (September 5, 1913 – November 9, 1988) was the 67th attorney general of the United States, serving under President Richard Nixon and was chairman of Nixon's 1968 and 1972 presidential campaigns. Prior to that, he had been ...

had to disclose the transcripts of illegal

wiretaps Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connecti ...

that Mitchell had authorized without first obtaining a

search warrant A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...

. Keith's decision was upheld by the Court of Appeals for the Sixth Circuit and the U.S. Supreme Court. The Supreme Court's landmark decision in '' United States v. U.S. District Court'' (1972) (also known as "the Keith case") contributed in 1978 to

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

signing the

Foreign Intelligence Surveillance Act The Foreign Intelligence Surveillance Act of 1978 (FISA, , ) is a Law of the United States, United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.State Bar of Michigan. In '' Detroit Free Press v. Ashcroft'' (2002), Keith, writing for a unanimous panel of the Sixth Circuit Court of Appeals, found that absolute closure of deportation hearings in "special interest" cases was unconstitutional. Under the authorization of Attorney General

John Ashcroft John David Ashcroft (born May 9, 1942) is an American lawyer, Lobbying, lobbyist, and former politician who served as the 79th United States attorney general under President George W. Bush from 2001 to 2005. A Republican Party (United States), R ...

, Chief Immigration Judge Michael Creppy told all immigration judges to close to the public and media all hearings associated with immigration that were thought to be related to September 11 investigation. These cases were advised to be handled in seclusion, "closed off from the public", and were held in special interest of national security. Officials terminated

public records Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government. Depending on jurisdiction, examples of public records includes information pertaining to births, deat ...

of the case and removed them from the court's docket. This rule of closed deportation hearings became known as the "Creppy directive". Members of the press and public filed two of the cases challenging the Government's closure of removal proceedings. The plaintiffs in those cases are (1) the Detroit Free Press, Inc. and Herald Co., Inc. (d/b/a the ''

Ann Arbor News ''The Ann Arbor News'' is a newspaper serving Washtenaw County, Michigan, Washtenaw and Livingston County, Michigan, Livingston counties in Michigan. Published daily online through MLive.com, the paper also publishes print editions on Thursdays a ...

'') (the "free press plaintiffs") and (2) the Detroit News, Inc., Congressman John Conyers, Jr., and Metro Times, Inc. (the "''Detroit News'' plaintiffs"); the two are collectively the "newspaper plaintiffs". The third case, filed by the ACLU of Michigan representing Rabih Haddad ("Haddad"), one of the men against whom the government had instituted removal proceedings stated that Haddad, a native of

Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...

, resided in

Ann Arbor, Michigan Ann Arbor is a city in Washtenaw County, Michigan, United States, and its county seat. The 2020 United States census, 2020 census recorded its population to be 123,851, making it the List of municipalities in Michigan, fifth-most populous cit ...

, off and on since 1988. Haddadd came to the United States in 1998 on six-month tourist visas. On December 14, 2001, the United States

Immigration and Naturalization Service The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States Department of Justice from 1940 to 2003. Refe ...

("INS") took Haddad into custody for overstaying his visa and initiated removal proceedings in Detroit before Immigration Judge Elizabeth Hacker.

Prominent clerks

Keith has been called a father-figure to former Michigan governor

Jennifer Granholm Jennifer Mulhern Granholm (born February 5, 1959) is an American politician who was the 16th United States secretary of energy from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, she previously served as the 47t ...

, who previously clerked for him. He administered the oath of office to her in both 2003 and 2007. Former law clerks also include: *

Lani Guinier Carol Lani Guinier ( ; April 19, 1950 – January 7, 2022) was an American educator, legal scholar, and civil rights theorist. She was the Bennett Boskey Professor of Law at Harvard Law School, and the first woman of color appointed to a tenured ...

, the first African-American woman to gain tenure at

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

* Judge Eric L. Clay, who later served with Judge Keith on the

* Ronald Machen, the former

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for the

District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...

* David C. Simmons, the current Chief Administrative Law Judge of the District of Columbia Commission on Human Rights, professor of law at

Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...

, and former Athletic Director of

Howard University Howard University is a private, historically black, federally chartered research university in Washington, D.C., United States. It is classified among "R1: Doctoral Universities – Very high research activity" and accredited by the Mid ...

* Constance L. Rice, prominent

civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...

activist Activism consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived common good. Forms of activism range from mandate build ...

and co-founder of the

Advancement Project The Advancement Project is a politically liberal American nonprofit organization that focuses on racial justice issues. The organization has a national office in Washington, D.C., as well as a California-specific office based in Los Angeles. Org ...

* Rashad Hussain, Deputy Associate Counsel to President

Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...

, and the U.S. representative to the

Organisation of the Islamic Conference The Organisation of Islamic Cooperation (OIC; ; ), formerly the Organisation of the Islamic Conference, is an intergovernmental organisation founded in 1969. It consists of 57 member states, 48 of which are Muslim-majority. The Pew Forum on ...

* Jocelyn Benson,

Michigan Secretary of State The Michigan Department of State is a principal executive department of the government of Michigan. It is responsible for administering Election, elections, regulating Notary public, notaries public, and maintaining records of statutes and the S ...

and former dean of

* Daniel Abebe, Dean of

Columbia Law School Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City. The school was founded in 1858 as the Columbia College Law School. The un ...

, Deputy Dean of the

University of Chicago Law School The University of Chicago Law School is the Law school in the United States, law school of the University of Chicago, a Private university, private research university in Chicago, Illinois. It employs more than 180 full-time and part-time facul ...

and professor of law. * Jonathan J. C. Grey, judge of the

Legacy

Keith donated his personal papers to the Walter P. Reuther Library in 1994. The materials come from milestones in his career, including his precedent-setting judicial decisions, his commitment to equality for all in the American justice system, and the many forms of recognition he received for his dedication to civil rights and

. His estate made a $100,000 bequest to a scholarship fund in his name at

West Virginia State University West Virginia State University (WVSU) is a Public university, public Historically black colleges and universities, historically black, land-grant university in Institute, West Virginia, United States. Founded in 1891 as the West Virginia Color ...

. "Walk with Me: The Trials of Damon J. Keith," directed by Jesse Nesser, tells the story of Keith's life. It made its world premiere at Michael Moore's Traverse City Film Festival in 2016.

References

External links

*
Damon Keith Papers
at the Walter P. Reuther Library *
Detroit Free Press v. Ashcroft
'

Judge Damon J. Keith to Inaugurate University of Richmond Law School's Judges in Residency Program
* {{DEFAULTSORT:Keith, Damon Jerome 1922 births 2019 deaths African-American judges Howard University School of Law alumni Judges of the United States Court of Appeals for the Sixth Circuit Judges of the United States District Court for the Eastern District of Michigan Lawyers from Detroit Military personnel from Detroit United States court of appeals judges appointed by Jimmy Carter United States district court judges appointed by Lyndon B. Johnson Wayne State University Law School alumni West Virginia State University alumni Northwestern High School (Michigan) alumni United States Army personnel of World War II

Education and career

Personal

Federal judicial service

Memberships and honors

Notable cases

Prominent clerks

Legacy

See also

References

External links