Orie Leon Phillips (November 20, 1885 – November 14, 1974) was a

United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...

of the

United States Court of Appeals for the Tenth Circuit The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Dist ...

and previously was a United States district judge of the

United States District Court for the District of New Mexico The United States District Court for the District of New Mexico (in case citations, D.N.M.) is the federal district court whose jurisdiction comprises the state of New Mexico. Court is held in Albuquerque, Las Cruces, and Santa Fe. Appeals fr ...

Education and career

Born on November 20, 1885, in Mercer County,

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...

, Phillips received a

Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

in 1908 from the

University of Michigan Law School The University of Michigan Law School (branded as Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparati ...

. He entered private practice in Raton,

New Mexico Territory The Territory of New Mexico was an organized incorporated territory of the United States from September 9, 1850, until January 6, 1912. It was created from the U.S. provisional government of New Mexico, as a result of '' Nuevo México'' becomi ...

(State of

New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...

from January 6, 1912) from 1910 to 1923. He was an assistant district attorney in the Eighth Judicial District of New Mexico from 1912 to 1916. He was general attorney of the St. Louis, Rocky Mountain and Pacific Company from 1917 to 1923. He was a member of the

New Mexico Senate The New Mexico State Senate () is the upper house of the New Mexico State Legislature. The Senate consists of 42 members, with each senator representing an equal number of single-member constituent districts across the state. All senatorial distr ...

from 1920 to 1923.

Federal judicial service

Phillips was nominated by President

Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...

on February 28, 1923, to the

, to a new seat authorized by 42 Stat. 837. 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 March 3, 1923, and received his commission the same day. His service terminated on April 29, 1929, due to his elevation to the Tenth Circuit. Phillips was nominated by President

Herbert Hoover Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was the 31st president of the United States, serving from 1929 to 1933. A wealthy mining engineer before his presidency, Hoover led the wartime Commission for Relief in Belgium and ...

on April 18, 1929, to the

, to a new seat authorized by 45 Stat. 1346. He was confirmed by the Senate on April 29, 1929, and received his commission the same day. He was a member of the

Conference of Senior Circuit Judges 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 ...

(now 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 1940 to 1948, and a member of the

from 1948 to 1955. He served as Chief Judge from September 1, 1948 to January 1, 1956, when he assumed senior status. His service terminated on November 14, 1974, due to his death.

Supreme Court consideration

Orie Phillips was considered several times for

the Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

without ever being nominated. He had been considered a possibility to replace

Oliver Wendell Holmes Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States, U.S. Supreme Cou ...

as Associate Justice when the latter stepped down in 1932,Nemacheck, Christine L.; ''Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover Through George W. Bush'', pp. 147-148 but the choice ultimately went to

Benjamin N. Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...

. Following the death of

Harlan Fiske Stone Harlan is a given name and a surname which may refer to: Surname * Abram D. Harlan (1833–1908), American politician from Pennsylvania * Bob Harlan (born 1936 Robert E. Harlan), American football executive * Bruce Harlan (1926–1959), America ...

in 1946, Phillips was on Harry S. Truman’s short list to replace him as Chief Justice, but the job ultimately went to

Fred Vinson Frederick Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to have ser ...

. In 1953 Phillips was considered one of the final six prospects to replace Vinson as Chief Justice but was not chosen due to his age at the time.

References

Sources

* {{DEFAULTSORT:Phillips, Orie Leon 1885 births 1974 deaths New Mexico state senators Judges of the United States District Court for the District of New Mexico United States district court judges appointed by Warren G. Harding Judges of the United States Court of Appeals for the Tenth Circuit United States court of appeals judges appointed by Herbert Hoover University of Michigan Law School alumni People from Mercer County, Illinois 20th-century members of the New Mexico Legislature

Education and career

Federal judicial service

Supreme Court consideration

See also

References

Sources