Robert S. Vance
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Robert Smith Vance (May 10, 1931 – December 16, 1989) 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 Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
and later the
United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal appellate court over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District ...
. He was one of three 20th-century United States federal court judges
assassinated Assassination is the willful killing, by a sudden, secret, or planned attack, of a personespecially if prominent or important. It may be prompted by political, ideological, religious, financial, or military motives. Assassinations are orde ...
because of his judicial service.


Early life and career

Born in
Talladega, Alabama Talladega (, also ) is the county seat of Talladega County, Alabama, United States. It was incorporated in 1835. At the 2020 United States census, 2020 census, the population was 15,861. Talladega is approximately east of one of the state's la ...
, Vance was the youngest of four children born to parents Harrell Taylor Vance Sr. and Mae ( Smith) Vance. He grew up in
Birmingham, Alabama Birmingham ( ) is a city in the north central region of Alabama, United States. It is the county seat of Jefferson County, Alabama, Jefferson County. The population was 200,733 at the 2020 United States census, 2020 census, making it the List ...
and graduated from Woodlawn High School. He then received a
Bachelor of Science A Bachelor of Science (BS, BSc, B.S., B.Sc., SB, or ScB; from the Latin ') is a bachelor's degree that is awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Scienc ...
degree from the
University of Alabama The University of Alabama (informally known as Alabama, UA, the Capstone, or Bama) is a Public university, public research university in Tuscaloosa, Alabama, United States. Established in 1820 and opened to students in 1831, the University of ...
in 1950, and 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 ...
from
University of Alabama School of Law The University of Alabama School of Law, (formerly known as the Hugh F. Culverhouse Jr. School of Law at The University of Alabama) located in Tuscaloosa, Alabama is the only public law school in the state. It is one of five law schools in the ...
in 1952. While at Alabama, Vance was purportedly the head of a secret yet powerful inter-fraternity organization known as The Machine and was elected as President of the
Student Government Association A students' union or student union, is a student organization present in many colleges, universities, and high schools. In higher education, the students' union is often accorded its own building on the campus, dedicated to social, organization ...
. After law school, Vance entered military duty as an attorney 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 ...
Judge Advocate General 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. ...
and was stationed at the
Pentagon In geometry, a pentagon () is any five-sided polygon or 5-gon. The sum of the internal angles in a simple polygon, simple pentagon is 540°. A pentagon may be simple or list of self-intersecting polygons, self-intersecting. A self-intersecting ...
. One of his first assignments was to serve on the team of lawyers defending the Army in hearings against charges brought by Senator
Joseph McCarthy Joseph Raymond McCarthy (November 14, 1908 – May 2, 1957) was an American politician who served as a Republican Party (United States), Republican United States Senate, U.S. Senator from the state of Wisconsin from 1947 until his death at age ...
. After his military service, Vance 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 ...
from
George Washington University Law School The George Washington University Law School (GW Law) is the law school of George Washington University, a Private university, private research university in Washington, D.C. Established in 1865, GW Law is the oldest law school in Washington, D. ...
in 1955 and served as a law clerk to
Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is hous ...
Justice James Mayfield. He then served a one-year stint as an attorney for the United States Labor Department before entering private practice in
Birmingham Birmingham ( ) is a City status in the United Kingdom, city and metropolitan borough in the metropolitan county of West Midlands (county), West Midlands, within the wider West Midlands (region), West Midlands region, in England. It is the Lis ...
from 1956 to 1977. As a lawyer, Vance quickly sided with the developing civil rights movement, as shown by his participation as an intervening plaintiff in litigation that ultimately resulted in the United States Supreme Court decision in ''
Reynolds v. Sims ''Reynolds v. Sims'', 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the single-seat electoral districts of state legislative chambers must be roughly equal in population. Along with '' Bak ...
'', which decided that state legislative districts had to be roughly equal in population. Vance also was the first notable Birmingham attorney to reject the unwritten "gentleman's agreement" by which all black members of a jury pool were eliminated from serving as jurors in civil cases. Vance served as Chairman of the Alabama Democratic Party from 1966 to 1977. His election as Chairman capped a struggle within the Alabama Democratic Party, as a group loyal to the national party wrested control from a
states' rights In United States, American politics of the United States, political discourse, states' rights are political powers held for the state governments of the United States, state governments rather than the federal government of the United States, ...
faction loyal to Governor
George Wallace George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who was the 45th and longest-serving governor of Alabama (1963–1967; 1971–1979; 1983–1987), and the List of longest-serving governors of U.S. s ...
. Throughout Vance's tenure as chairman, Wallace was never able to capture the state party organization, despite continual struggles between the two factions. The most well-known example of this fight came during the
1968 Democratic National Convention The 1968 Democratic National Convention was held August 26–29 at the International Amphitheatre in Chicago, Illinois, United States. Earlier that year incumbent President Lyndon B. Johnson had announced he would not seek reelection, thus making ...
in Chicago, as competing slates of delegates vied for credentials to be seated. Vance's group of party loyalists overcame challenges from both Wallace's group and a predominantly black slate headed by Dr. John Cashin of
Huntsville, Alabama Huntsville is the List of municipalities in Alabama, most populous city in the U.S. state of Alabama. The population of the city is estimated to be 241,114 in 2024, making it the List of United States cities by population, 100th-most populous ...
. Vance was also a lecturer at the
Cumberland School of Law The Cumberland School of Law is an American Bar Association, ABA-accredited law school at Samford University in Homewood, Alabama, United States. It was founded in 1847 at Cumberland University in Lebanon, Tennessee and is the 11th oldest law sch ...
at
Samford University Samford University is a Private university, private Christian university in Homewood, Alabama, United States. It was founded by Baptist Church, Baptists in 1841 as Howard College and located until 1887 in Marion, Alabama. It is governed by an in ...
from 1967 to 1969. He served for a number of years 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 ...
, retiring as a lieutenant colonel.


Federal judicial service

On November 4, 1977, Vance was nominated by
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 ...
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 ...
to a seat on the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
being vacated by Judge Walter Pettus Gewin. Vance 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 15, 1977, and received his commission the same day. The jurisdiction of the Fifth Circuit at that time included six Southern states, including Alabama. In 1981, the territory of the Fifth Circuit was divided into two circuits, and on October 1, 1981, Vance was reassigned to the
United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal appellate court over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District ...
, which he served on until his death.


Assassination

On December 16, 1989, Vance was assassinated at his home in
Mountain Brook, Alabama Mountain Brook is a city in southeastern Jefferson County, Alabama, United States, and a suburb of Birmingham. Its population at the 2020 census was 22,461. History The city was originally developed in 1929 by real-estate businessman Robert Je ...
, when he opened a package containing a
mail bomb A letter bomb is an explosive device sent via the postal service, and designed with the intention to injure or kill the recipient when opened. They have been used in terrorist attacks such as those of the Unabomber. Some countries have agenc ...
. Vance was killed instantly and his wife, Helen, was seriously injured. After an intensive investigation, the federal government charged Walter Leroy Moody Jr. with the murders of Judge Vance and Robert E. Robinson, a black civil-rights attorney in
Savannah, Georgia Savannah ( ) is the oldest city in the U.S. state of Georgia (U.S. state), Georgia and the county seat of Chatham County, Georgia, Chatham County. Established in 1733 on the Savannah River, the city of Savannah became the Kingdom of Great Brita ...
who had been killed in a separate explosion at his office. Moody was also charged with mailing bombs that were defused at the Eleventh Circuit's headquarters in Atlanta and at the Jacksonville office of 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 ...
. Moody had been previously convicted in 1972 of possession of a bomb that exploded in his house, injuring his first wife Hazel; he intended to send the bomb to Atlanta car dealer Thomas N. Downing, the man who repossessed Moody's car. He served four years in federal prison at the federal penitentiary in Atlanta. Prosecutors speculated that Moody's motive for killing Judge Vance was revenge against Vance's court, the U.S. Court of Appeals for the Eleventh Circuit, which had refused to expunge that conviction. Vance, however, had not been a member of the panel that considered Moody's earlier case. After John H. Wood Jr. (1979), and Richard J. Daronco (1988), Vance became the third federal judge in the 20th century to be assassinated because of his judicial service. After an order was entered directing the
recusal Recusal is the legal process by which a judge, juror, or other adjudicator steps aside from participating in a case due to potential bias, conflict of interest, or appearance of impropriety. This practice is fundamental to ensuring fairness and ...
of all circuit and district judges within the Eleventh Circuit, Moody's trial for murder and related crimes was presided over by Judge
Edward Devitt Edward James Devitt (May 5, 1911 – March 2, 1992) was a United States representative from Minnesota and a United States district judge of the United States District Court for the District of Minnesota. Education and career Born in Saint Paul ...
of the District of
Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...
. After a successful prosecution by special prosecutors
Louis Freeh Louis Joseph Freeh (born January 6, 1950) is an American attorney and former judge who served as the fifth director of the Federal Bureau of Investigation from September 1993 to June 2001. Graduated from Rutgers University and New York Univers ...
and Howard Shapiro, Moody was convicted of all counts. He was sentenced to seven federal life terms. An Alabama state-court jury later convicted Moody of Judge Vance's murder and Moody was sentenced to death by electric chair in 1997. He entered death row on February 13, 1997, and was executed by
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium) for the express purpose of causing death. The main application for this procedure is capital punishment, but t ...
on April 19, 2018, at the age of 83 years, becoming the oldest inmate executed in the United States in the post- Furman era, surpassing the previous record set by John B. Nixon, who was executed at the age of 77 years.


Legacy

In 1990, Congress passed H.R. 3691 a bill sponsored by
Ben Erdreich Benjamin Leader Erdreich (born December 9, 1938) is an American lawyer and retired politician from Alabama. A member of the Democratic Party, he served five terms as a member of the United States House of Representatives from 1983 to 1993. Earl ...
renaming the federal building and courthouse in Birmingham, Alabama, as the Robert S. Vance Federal Building and United States Courthouse in memory of Vance. Also in tribute to Judge Vance's service, the Atlanta chapter of the Federal Bar Association hosts an annual Robert S. Vance Forum on the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
. Vance's older son, Robert Vance, Jr., serves as a state circuit court judge in Birmingham, having first been appointed to that position in November 2002, and elected in 2004. He was the Democratic candidate for Chief Justice of Alabama's Supreme Court in the 2012 election, losing to Republican
Roy Moore Roy Stewart Moore (born February 11, 1947) is an American politician, lawyer, and jurist who served as chief justice of the Supreme Court of Alabama from 2001 to 2003 and again from 2013 to 2017, each time being removed from office for judic ...
. Vance's daughter-in-law,
Joyce White Vance Joyce Alene Vance (born July 22, 1960) is an American lawyer who served as the United States attorney for the Northern District of Alabama from 2009 to 2017. She was one of the first five U.S. attorneys, and the first female U.S. attorney, nomin ...
, was the
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 Northern District of Alabama from August 27, 2009, until January 20, 2017. Vance's widow, Helen (born February 7, 1934), died on October 18, 2010 at age 76.


See also

*
List of assassinated American politicians Assassinations carried out against American politicians occurred as early as the 19th century, the earliest of which is believed to have been carried out against David Ramsay in 1815. Since then, several American politicians have been assassina ...
* List of United States federal judges killed in office * Jonathan Luna


References


Sources

* * Ray Jenkins, ''Blind Vengeance: The Roy Moody Mail Bomb Murders'' (
University of Georgia Press The University of Georgia Press or UGA Press is the university press of the University of Georgia, a public land-grant research university with its main campus in Athens, Georgia. It is the oldest and largest publishing house in Georgia and a me ...
1997). * Mark Winne, ''Priority Mail'' * Frank M. Johnson, Jr., ''Reflections on the Judicial Career of Robert S. Vance'', 42 Ala. L. Rev. 964 (1990). * ''United States v. Moody'', 977 F.2d 1425 (11th Cir. 1992). , - {{DEFAULTSORT:Vance, Robert Smith 1931 births 1989 deaths 1989 murders in the United States Alabama Democratic Party chairs Alabama Democrats Assassinated American judges Deaths by improvised explosive device in the United States Deaths by letter bomb Judges of the United States Court of Appeals for the Eleventh Circuit Judges of the United States Court of Appeals for the Fifth Circuit Lawyers from Birmingham, Alabama Military personnel from Alabama People from Mountain Brook, Alabama People from Talladega, Alabama People murdered in Alabama United States court of appeals judges appointed by Jimmy Carter University of Alabama alumni University of Alabama School of Law alumni United States Army officers Politicians assassinated in 1989 Deaths by explosive device Delta Chi members