Jackson Lintecum Kiser (June 24, 1929 – October 21, 2020) was an American attorney and jurist who served 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. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

of the

United States District Court for the Western District of Virginia The United States District Court for the Western District of Virginia (in case citations, W.D. Va.) is a United States district court. Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth ...

Early life and education

Born in Welch,

West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...

, Kiser earned 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 from Concord College in 1951 and 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 ...

from

Washington and Lee University School of Law The Washington and Lee University School of Law (W&L Law) is the law school of Washington and Lee University, a private liberal arts college in Lexington, Virginia. It is accredited by the American Bar Association. Facilities are on the histo ...

in 1952.

Career

He served as an attorney for the

Judge Advocate General's Corps The Judge Advocate General's Corps (JAG or JAG Corps) is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates ...

from 1952 to 1955. Afterward, he served as a captain in the

United States Army Reserve The United States Army Reserve (USAR) is a Military reserve force, reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the Army element of the reserve components of the United States Armed ...

from 1955 to 1961. Later, he was a United States commissioner for the

from 1956 to 1958. He then worked as an

assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. attorney of each U.S. federal judicial district. They represent the federal gov ...

of the Western District of Virginia from 1958 to 1961. He was in private practice in Martinsville,

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

, from 1961 to 1982.

Federal judicial service

On November 4, 1981, President

Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...

nominated Kiser to a new seat on the

created by 92 Stat. 1629. 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 December 3, 1981, and received his commission the same day. He served as Chief Judge from 1993 to 1997. He assumed senior status on April 30, 1997, and relocated his chambers from Roanoke, Virginia to Danville, Virginia. Kiser died October 21, 2020, after a brief illness.

Notable cases

Over the course of his judicial career, Kiser heard and decided a number of highly important judicial questions. Most notably, he was the trial judge for two cases that eventually reached 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 turn on question ...

: ''

United States v. Virginia ''United States v. Virginia'', 518 U.S. 515 (1996), was a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision. Just ...

'', in which the Supreme Court held

Virginia Military Institute The Virginia Military Institute (VMI) is a public senior military college in Lexington, Virginia, United States. It was founded in 1839 as America's first state military college and is the oldest public senior military college in the U.S. In k ...

's male-only admissions policy unconstitutional, and ''

United States v. Morrison ''United States v. Morrison'', 529 U.S. 598 (2000), is a U.S. Supreme Court decision that held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Comm ...

'', in which the High Court struck down portions of a federal law for exceeding the scope of Congress' authority under the

Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...

. In 2015, Judge Kiser dismissed a challenge to Virginia's effective ban on uranium mining, holding that Virginia's actions were not preempted by the Atomic Energy Act. That decision was affirmed by the

United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district cou ...

and the

.https://www.supremecourt.gov/opinions/18pdf/16-1275_7lho.pdf

References

Sources

* {{DEFAULTSORT:Kiser, Jackson L. 1929 births 2020 deaths Judges of the United States District Court for the Western District of Virginia United States district court judges appointed by Ronald Reagan Military personnel from West Virginia Concord University alumni People from Welch, West Virginia United States Army officers Washington and Lee University School of Law alumni Virginia lawyers People from Martinsville, Virginia Assistant United States attorneys 21st-century American judges