Eugene Hoffman Nickerson (August 2, 1918 – January 1, 2002) was the
Democratic
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
county executive of
Nassau County, New York
Nassau County ( ) is a County (United States), county in the U.S. state of New York (state), New York. At the 2020 United States Census, 2020 U.S. census, Nassau County's population is 1,395,774. The county seat is Mineola, New York, Mineola ...
, 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
, 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 Decembe ...
" policy on homosexuality and the notorious
Abner Louima 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 19 ...
on August 16, 1977, to a seat vacated by
Orrin Judd
Orrin Grimmell Judd (September 6, 1906 – July 7, 1976) was a United States district judge of the United States District Court for the Eastern District of New York.
Judd was nominated by President Lyndon B. Johnson on April 25, 1968, to a se ...
. 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 ...
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 (New Jersey), township in Essex County, New Jersey, Essex County, in the U.S. state of New Jersey. As of the 2010 United States census, 2010 U.S. census, the township's population was 30,134, reflecting a decline ...
. 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
The Saratoga campaign in 1777 was an attempt by the British high command for North America to gain military control of the strategically important Hudson River valley during the American Revolutionary War. It ended in the surrender of the British ...
.
Born in
Orange, New Jersey
The City of Orange is a Township (New Jersey), township in Essex County, New Jersey, Essex County, in the U.S. state of New Jersey. As of the 2010 United States census, 2010 U.S. census, the township's population was 30,134, reflecting a decline ...
, 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 ...
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 sym ...
, 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 yea ...
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 ...
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 ...
, 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 s ...
''. Following graduation, he clerked for Judge
Augustus Noble Hand
Augustus Noble Hand (July 26, 1869 – October 28, 1954) was a United States district judge of the United States District Court for the Southern District of New York and later was a United States Circuit Judge of the United States Court of Appeals ...
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 j ...
, 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
* Byr ...
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 ...
from October 1944 to April 1946.
Professional career and government service
He worked for
Wall Street
Wall Street is an eight-block-long street in the Financial District of Lower Manhattan in New York City. It runs between Broadway in the west to South Street and the East River in the east. The term "Wall Street" has become a metonym for ...
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
Kramer Levin Naftalis & Frankel LLP (known as Kramer Levin) is an American law firm headquartered in New York City. The firm is composed of 325 lawyers in 60-plus practice areas, with branch offices in Silicon Valley and Paris, France. Many of t ...
.
[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, who recognized Nickerson's political talents, he ran for the United States Senate in 1968 but lost in the
Democratic primary.
Nickerson was occasionally seen as an unusual member of the
Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
. Referring to the man who was the Democratic presidential nominee in 1952 and 1956, Nickerson once explained, "
Adlai Stevenson Adlai Stevenson may refer to:
* Adlai Stevenson I (1835–1914), U.S. Vice President (1893–1897) and Congressman (1879–1881)
* Adlai Stevenson II (1900–1965), Governor of Illinois (1949–1953), U.S. presidential candida ...
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 19 ...
on August 16, 1977, to a seat on the
vacated by Judge
Orrin Grimmell Judd
Orrin Grimmell Judd (September 6, 1906 – July 7, 1976) was a United States district judge of the United States District Court for the Eastern District of New York.
Judd was nominated by President Lyndon B. Johnson on April 25, 1968, to a se ...
. 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 ...
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 19 ...
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 j ...
to replace Judge
Murray Gurfein, 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 ...
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
*
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