Walter Dellinger
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Walter Estes Dellinger III (May 15, 1941 – February 16, 2022) was an American attorney and legal scholar who served as the Douglas B. Maggs Professor of Law at
Duke University School of Law The Duke University School of Law is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit that began in 1868 as the ...
. He also led the appellate practice at
O'Melveny & Myers O'Melveny & Myers LLP is an American multinational law firm founded in Los Angeles in 1885. The firm employs approximately 800 lawyers and has offices in California, Washington, D.C., New York City, Texas, Beijing, Brussels, Hong Kong, London, S ...
in
Washington, D.C. 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. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, and
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 ...
's Supreme Court and Appellate Litigation Clinic. He served as Acting
United States Solicitor General The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. ...
under the administration of President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
, from 1996 to 1997.


Early life and education

Dellinger was born in
Charlotte, North Carolina Charlotte ( ) is the List of municipalities in North Carolina, most populous city in the U.S. state of North Carolina and the county seat of Mecklenburg County, North Carolina, Mecklenburg County. The population was 874,579 at the 2020 United ...
, to Grace (Lawning) Dellinger, who worked selling men’s clothing, and Walter Dellinger II, who died at an early age. He earned a Bachelor of Arts degree in political science from the
University of North Carolina at Chapel Hill The University of North Carolina at Chapel Hill (UNC, UNC–Chapel Hill, or simply Carolina) is a public university, public research university in Chapel Hill, North Carolina, United States. Chartered in 1789, the university first began enrolli ...
in 1963 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
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
in 1966. He clerked for Justice
Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States, ass ...
of the U.S. Supreme Court.


Career

In 1969, Dellinger became a professor at
Duke University School of Law The Duke University School of Law is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit that began in 1868 as the ...
. In 1993, he joined the
Clinton Administration Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following his victory over Republican in ...
as
Assistant Attorney General Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...
in charge of the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
. Because of his advocacy for liberal causes, his nomination was filibustered by the two conservative senators from his home state of North Carolina,
Jesse Helms Jesse Alexander Helms Jr. (October 18, 1921 – July 4, 2008) was an American politician. A leader in the Conservatism in the United States, conservative movement, he served as a senator from North Carolina from 1973 to 2003. As chairman of the ...
and
Lauch Faircloth Duncan McLauchlin "Lauch" Faircloth (January 14, 1928 – September 14, 2023) was an American politician from North Carolina who served as a Republican member of the United States Senate for one term from 1993 to 1999. He was a member of the De ...
, but Dellinger was ultimately confirmed. Dellinger served as the acting
United States Solicitor General The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. ...
for the 1996–1997 Term of 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 ...
. He argued nine cases and won five, including a case defending the president’s
line-item veto The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have differen ...
and two cases defending laws that barred
assisted suicide Assisted suicide, sometimes restricted to the context of physician-assisted suicide (PAS), is the process by which a person, with the help of others, takes actions to end their life. Once it is determined that the person's situation qualifie ...
. He also appeared as a commentator on ''
This Week This Week may refer to: * ''This Week'' (1956 TV programme), a 1956–1992 British current affairs television programme broadcast on ITV * ''This Week'' (2003 TV programme), a weekly British political discussion television programme that aired on ...
'', the ABC News Sunday morning program hosted by
George Stephanopoulos George Robert Stephanopoulos (born February 10, 1961) is an American television host, political commentator, and former Democratic advisor. Stephanopoulos currently is a news presenter, coanchor with Robin Roberts (newscaster), Robin Roberts and M ...
. On March 18, 2008, he unsuccessfully represented 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 ...
before the United States Supreme Court in '' District of Columbia v. Heller''. The District argued that its
Firearms Control Regulations Act of 1975 The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council on June 29, 1976, and went into effect September 24, 1976. The law banned residents from owning handguns, automatic firearms, or high-capacity semi-auto ...
should not be restricted by the
Second Amendment The second (symbol: s) is a unit of time derived from the division of the day first into 24 hours, then to 60 minutes, and finally to 60 seconds each (24 × 60 × 60 = 86400). The current and formal definition in the International System of Un ...
. The ban was overturned by the Supreme Court. In February 2008, Dellinger represented
ExxonMobil Exxon Mobil Corporation ( ) is an American multinational List of oil exploration and production companies, oil and gas corporation headquartered in Spring, Texas, a suburb of Houston. Founded as the Successors of Standard Oil, largest direct s ...
in the Supreme Court in '' Exxon Shipping Co. v. Baker'', which addressed whether certain punitive damages are available under federal maritime law. This case relates to the ''Exxon Valdez'' oil spill of 1989. On March 5, 2010, the ''
Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' published an op-ed by Dellinger defending Karl Thompson. In 2010, North Carolina Governor
Bev Perdue Beverly Marlene Eaves Perdue (née Moore; January 14, 1947) is an American businesswoman, politician, and member of the Democratic Party who served as the 73rd governor of North Carolina from 2009 to 2013. She was the first female governor o ...
inducted Dellinger into the
Order of the Long Leaf Pine Order, ORDER or Orders may refer to: * A socio-political or established or existing order, e.g. World order, Ancien Regime, Pax Britannica * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * H ...
, calling him "North Carolina’s best friend, legally, that we’ve ever had." In early 2012, Dellinger represented the defendant in '' United States v. Antoine Jones'', in which the US Supreme Court barred the government's warrantless use of a
GPS The Global Positioning System (GPS) is a satellite-based hyperbolic navigation system owned by the United States Space Force and operated by Mission Delta 31. It is one of the global navigation satellite systems (GNSS) that provide geol ...
device on Jones' Jeep Grand Cherokee as part of a
drug A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via insufflation (medicine), inhalation, drug i ...
trafficking investigation. Dellinger said the decision in the case was "a signal event in Fourth Amendment history".Bravin, Jess
"Justices Rein In Police on GPS Trackers"
''The Wall Street Journal'', January 24, 2012. Retrieved January 24, 2012.


Personal life and death

Dellinger and his wife, the former Anne Maxwell, had two sons: Andrew, a poet and professor; and
Hampton Hampton may refer to: Places Australia *Hampton bioregion, an IBRA biogeographic region in Western Australia * Hampton, New South Wales *Hampton, Queensland, a town in the Toowoomba Region * Hampton, Victoria ** Hampton railway station, Melbour ...
, a lawyer. Dellinger died from
pulmonary fibrosis Pulmonary fibrosis is a condition in which the lungs become scarred over time. Symptoms include shortness of breath, a dry cough, feeling tired, weight loss, and nail clubbing. Complications may include pulmonary hypertension, respiratory ...
at his home in
Chapel Hill, North Carolina Chapel Hill is a town in Orange County, North Carolina, Orange and Durham County, North Carolina, Durham counties, North Carolina, United States. Its population was 61,960 in the 2020 United States census, making Chapel Hill the List of municipa ...
, on February 16, 2022, at the age of 80.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 1) A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, bu ...


References


External links


Duke Law School biographyOffice of the Solicitor GeneralHarvard Law School Supreme Court and Appellate Litigation Clinic
* {{DEFAULTSORT:Dellinger, Walter E., III 1941 births 2022 deaths 20th-century American lawyers 21st-century American lawyers Clinton administration personnel Deaths from pulmonary fibrosis Duke University School of Law faculty Harvard Law School faculty Law clerks of the Supreme Court of the United States Lawyers from Charlotte, North Carolina Lawyers from Washington, D.C. North Carolina Democrats North Carolina lawyers United States assistant attorneys general for the Office of Legal Counsel Solicitors general of the United States Yale Law School alumni