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Honorable
Albert Vickers Bryan, Sr.
Judge of United States Court of Appeals for the Fourth Circuit
In office
1961–1972
Nominated byJohn F. Kennedy
Preceded byNone (new seat)
Succeeded byHiram Emory Widener, Jr.
Judge of the United States District Court for the Eastern District of Virginia
In office
1947–1961
Nominated byHarry S. Truman
Preceded byRobert Nelson Pollard
Succeeded byJohn D. Butzner, Jr.
Personal details
Born(1899-07-23)July 23, 1899
Alexandria, Virginia, U.S.
DiedMarch 13, 1984(1984-03-13) (aged 84)
Alexandria, Virginia, U.S.
SpouseMarie Gasson Bryan
ChildrenAlbert Jr. and Henry

Albert Vickers Bryan, Sr. (July 23, 1899 – March 13, 1984) was a United States federal judge, and the father of federal judge Albert Vickers Bryan, Jr. His school desegregation decision in 1957 was pivotal in ending racial segregation in Virginia's public schools. The Albert V. Bryan United States Courthouse in Alexandria, Virginia, is named for him.

Early life

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Albert Bryan was born July 23, 1899, in Alexandria, Virginia, to Albert and Marion (née Beach) Bryan.[1] His maternal grandfather was Samuel Ferguson Beach, a noted lawyer who argued nine cases before the Supreme Court of the United States.[2] Beach represented George Washington Custis Lee, eldest son of Mary and General Robert E. Lee, in United States v. Lee, a successful 1882 lawsuit to win back control of Arlington National Cemetery.[2] Bryan's father, Albert Bryan, was an assistant cashier for Riggs Bank.[3]

Bryan attended public school in Alexandria, and graduated from Alexandria High School.[1] He received his bachelor's degree from the University of Virginia,[3] and his Juris Doctor from the University of Virginia School of Law in 1921.[1] After law school, he returned to Alexandria and established a private law practice.[1] He married the former Marie Gasson on December 1, 1923.[1] The couple had two sons, Albert and Henry.[1]

Bryan was elected city attorney of Alexandria in 1925, serving for three years.[1] In 1928, he was elected Commonwealth's Attorney, and served until 1947.[1]

District Court judgeship

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President Harry S. Truman nominated Bryan on May 15, 1947, to a seat on the United States District Court for the Eastern District of Virginia vacated by Robert N. Pollard.[4] Bryan was confirmed by the United States Senate and sworn in on June 10.[5]

Racial segregation was one of the major issues which came before Judge Bryan. In 1948, the Civil Aeronautics Authority (CAA) barred racial discrimination at the federally-owned National Airport.[6] In one of his first rulings on the issue, Judge Bryan upheld the federal regulation.[7] Later the same year, however, Bryan ruled against an African American woman's claim for discrimination at the same airport. He held that since the discrimination occurred before the CAA's action, her claim for damages could not be upheld.[8] The following year, Judge Bryan dismissed a suit by an African American woman challenging the constitutionality of Virginia's poll tax.[9] The Fourth Circuit Court of Appeals remanded the case to the district court for hearing by a three-judge panel, which also included Bryan. Once more the tax was upheld.[10] The case went to the U.S. Supreme Court, which upheld the tax in Butler v. Thompson, 341 U.S. 937 (1951).[11]

Constance Carter Hoffman-Boston High School for Negroes Judge Orders Records Given In School Suit The Washington Post (1923-1954) - Washington, D.C. Date: Nov 21, 1947 B11. Arlington school records were ordered made available yesterday to counsel of Constance Carter, 15-year-old schoolgirl who has filed a racial discrimination suit against the School Board. Separate, Equal Facilities Called Educationally Unsound The Washington Post (1923-1954) - Washington, D.C. Author: By Richard Morris Post Reporter Date: Sep 8, 1949 B1. To provide the same school facilities for Negroes and whites separately is "educationally unsound," a prominent Negro educator testified yesterday. personally inspected all-white Washington-Lee High School and Hoffman-Boston Judge Sees Schools Discrimination Suit The Washington Post (1923-1954) - Washington, D.C. Date: Oct 26, 1949 B2 Federal Judge Albert V. Bryan inspected Arlington County's Negro and white high schols yeserday in connection with a trial in which Negro students charge racial discrimination. Anti-Negro Charge in Arlington Dismissed U.S. Court Rules Discrimination by County Schools Is Not Proved The Washington Post (1923-1954) - Washington, D.C. Date: Dec 9, 1949 B1 Charges of discrimination against Negroes in Arlington County schools were dismissed yesterday in United States District Court in Alexandria after more than two years of litigation.

Fourth Circuit overruled Bryan Arlington Guilty of Racial Bias In High Schools, Court Holds Arlington School Decision Reversed The Washington Post (1923-1954) - Washington, D.C. Date: Jun 1, 1950 1 Racial discrimination is practiced against students of Arlington County's Negro high school, the Fourth Circuit Court of Appeals ruled in Richmond yesterday. Board Votes Not to Appeal Carter Case The Washington Post (1923-1954) - Washington, D.C. Date: Jul 26, 1950 A19 The Arlington School Board does not intend to appeal the Constance Carter discrimination case to the Supreme Court, School Superintendent William A. Early announced last night. Arlington Ordered to Give Negroes Equal Schooling The Washington Post (1923-1954) - Washington, D.C. Date: Sep 9, 1950 B11 Federal Judge Albert V. Bryan of Alexandria yesterday ordered Arlington County to provide equal advantages and facilities for Negro senior high school students.

100 students sued Prince Edward County schools Legal Fight Scheduled on Segregation The Washington Post (1923-1954) - Washington, D.C. Date: Feb 24, 1952 M10 RICHMOND, Va., Feb. 23 (AP). -- Top-ranking State educators, headed by Dowell J. Howard, superintendent of public instruction, have been subpenaed to defend Virginia's segregated school system against a legal attack opening Monday in Federal Dis- trict Court here. 3-Judge Panel Given Virginia School Suit The Washington Post (1923-1954) - Washington, D.C. Date: Mar 1, 1952 B2 RICHMOND, Feb. 29 (AP) -- A suit by Prince George County Negroes seeking abolition of Virginia's school segregation laws was placed in the hands of three Federal judges here today. Court Refuses to Set Integration Deadline The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Jean White Date: Jul 19, 1955 33 RICHMOND, Va., July 18 A three-judge District Court refused today to order Prince Edward County school authorities to integrate their schools by September and gave them an indefinite amount of time to comply with the Supreme Court's anti-segregation decree.


Affidavit Filed In Arlington Suit The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Jun 22, 1956 36 RICHMOND, Va., June 21 (AP) An affidavit by Gov. Thomas B. Stanley's press secretary, Carter O. Lowance, was filed in Federal District Court today by counsel for Arlington County school officials as part of their defense in a desegregation suit. NAACP against Arlington County public schools School Hearing Set Thursday The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Jul 21, 1956 20 Judge Albert V. Bryan of the Alexandria Federal Court will hear arguments next Thursday in the Arlington school segregation case, it was announced yesterday. Stanley Plan Challenged In Virginia The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Robert E. Baker Staff Reporter Date: Jul 25, 1956 25 Gov. Thomas B. Stanley's legislative program to prevent school desegregation anywhere in Virginia was challenged on constitutional grounds yesterday. Judge Sees No Trial In Arlington School Suit To Decide Soon On Case After Hearing 5 Hours Of Arguments Arlington School Suit Decision Expected Soon The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Connie Feeley Staff Reporter Date: Jul 31, 1956 1 Federal District Judge Albert V. Bryan indicated he would hand down his decision in the Arlington school integration suit without a formal trial after hearing five hours of arguments yesterday by lawyers. Judge Bans Segregation In Arlington Classrooms Elementary School Barriers Ordered Down by January, High Schools Later The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Connie Feeley and Jack Eisen Staff Reporters Date: Aug 1, 1956 1 Federal District Judge Albert V. Bryan yesterday ordered an end to racial segregation in Arlington schools. Arlington Votes to Appeal School Integration Order The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Aug 24, 1956 59 Arlington School Board members agreed last night to appeal a recnet Federal Court order to end segregation in the County's schools. Court Edict Is Upheld in Arlington School Case By Robert E. Baker Staff Reporter; The Washington Post and Times Herald (1954-1959); Jan 1, 1957 A1 The Fourth Circuit Court of Appeals upheld school desegregation decisions against Arlington and Charlottesville yesterday and cleared the way for an early test of Virginia's new pupil placement law. Arlington School Case Appealed The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: RICHMOND, Feb. 8 Date: Feb 9, 1957 C9 RICHMOND, Feb. 8 (AP) -- Virginia sent appeal petitions to the U.S. Supreme Court today seeking reversal of school desegregation orders in Arlington and Charlottesville.


Arlington School Case Hearing Set Desegregation To Be-Argued in Alexandria Court The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Jul 19, 1957 B1 Federal Judge Albert V. Bryan will hear arguments in Alexandria July 29 on a motion for an order directing full desegregation of Arlington County schools in September. Segregation End by Fall To Be Asked The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Jul 20, 1957 C13 RICHMOND, July 18 (AP) -- An attorney for the National Association for the Advancement of Colored People said today he will file an oral motion with a Federal court judge July 26 asking full desegregation of Charlottesville schools this September. Arlington Plans To Keep Using Placement Act By Ralph Reikowsky Staff Reporter; The Washington Post and Times Herald (1954-1959); Jul 30, 1957; B1; Integration Showdown Postponed in Arlington The Washington Post and Times Herald (1954-1959); Sep 7, 1957; B1; Contempt Action Eyed By NAACP The Washington Post and Times Herald (1954-1959); Sep 9, 1957; B1; Bryan Hears Arlington's School Case By Mechlin Moore Staff Reporter; The Washington Post and Times Herald (1954-1959); Sep 12, 1957; A1; Placement Act Scored By Judge Virginia Officials Plan Appeal for Stay of Injunction Arlington Told To Integrate The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Paul Sampson Staff Reporter Date: Sep 15, 1957 A1 Federal Judge Albert V. Bryan ordered yesterday that seven Negro children be admitted to all-white schools in Arlington County on Monday, Sept. 23.

Bryan Order May Bring Stanley Plan Into Effect The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Sep 16, 1957 A3 Virginia's involved laws designed to maintain segregated schools will be called into play for the first time if Judge Albert V. Bryan's integration order is carried out next Monday. School Board To Seek Stay of Integration Edict Bryan's Order To Be Appealed The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Harrison Hagemeyer Staff Reporter Date: Sep 16, 1957 A1 Stay of Ruling Unsettled With Bryan Unavailable Arlington School Board Appeals Bryan's Order The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Connie Feeley and Mechlin Moore Staff Reporters Date: Sep 17, 1957 A1 The Arlington School Board yesterday appealed Federal Judge Albert V. Bryan's desegregation order to the Fourth Circuit Court of Appeals. Arlington to Ask Stay Of Bryan Order Today The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Connie Feeley Staff Reporter Date: Sep 18, 1957 A1 Arlington School Board attorneys, foreseeing "irreparable damage" to the school system, will ask Federal Judge Albert V. Bryan today to delay his desegregation order. Order of Bryan Delays Showdown On Stanley Plan Arlington Gets Its School Stay The Washington Post and Times Herald (1954-1959) - Washington, D.C. Author: By Connie Feeley Staff Reporter Date: Sep 19, 1957 A1 Federal Judge Albert V. Bryan delayed Arlington desegregation yesterday and thereby put a damper on smouldering State-wide political fires. Court Writ Again Denied Klein Boy The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Nov 5, 1957 A19 A Falls Church boy whose parents refused to sign a Virginia Placement form has been denied a second request to enter school temporarily, without signing the form, pending a hearing of his challenge of the Pupil Placement Act.


Sen harry S. Byrd and A. Willis Robertson and Rep. Howard W. Smith all believed Bryan would obstrtuct civl rights cases "meticulously just" opermitted Arlington to delay six months until reversed by Fourth circuit, allowed Arlington to make blacks undergo special tests more guarded in his comments, less exposed to political criticism [12]


threw out Fairfax's grade-a-year plan,a rguing that tiwh tjust 4 pwercent black student pop, it could move faster. [13]



He served as chief judge of the District Court from 1959 to 1961.



Bryan Supported For Dobie Post The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Jan 26, 1956 Rep. Joel T. Broyhill (R-Va.) has indorsed Judge Albert V. Bryan of Alexandria Federal Court to succeed Judge Armistead Dobie of the Fourth Circuit Court of Appeals. Bryan Gets Aid in Judge Candidacy The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Feb 2, 1956 Rep. Joel T. Broyhill (R-Va.) said yesterday that Rep. Charles A. Halleck (R-Ind.) will urge President Eisenhower to nominate Judge Albert V. Bryan of Alexandria for the United States Fourth Circuit Court of Appeals. Bryan Gets Judgeship Indorsement The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Feb 22, 1956 Judge Albert V. Bryan of the Northern Virginia Federal District Court has the endorsement of both Virginia Senators to succeed Judge Armistead M. Dobie on the 4th Circuit Court of Appeals. Bryan Backed By Bar Group The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Mar 23, 1956 Federal District Judge Albert V. Bryan of Alexandria, has been unanimously indorsed by the Norfolk and Portsmouth Bar Association for the judgeship on the Fourth Circuit Appeals Court. Haynsworth, Named to 4th Circuit, Says He Is 'Just a Country Lawyer' By Robert E. Baker Staff Reporter; The Washington Post and Times Herald (1954-1959); Feb 25, 1957



issues further injunction against Arlington integating public elementery schools after January 31, 1957, nad any other schools after September 1957 [14]


rdered integratino of four schools in NoVa, aff'd by Fourth Circuit Bryan delayed implementation until Feb 1959 Clarissa Thompson v. County School Board of Arlington County, Virginia, 159 F.Supp. 567 (1957) [15]




he was elevated to service on the United States Court of Appeals for the Fourth Circuit. Bryan's decisions were among those that served to implement the U.S. Supreme Court's ruling in Brown vs. Board of Education to force the desegregation of Virginia's public schools in the face of the so-called "Massive Resistance" to the ruling urged by Senator Harry F. Byrd and other Virginia political leaders.

On August 2, 1961, President John F. Kennedy nominated Bryan to fill a new seat on the Fourth Circuit created by 75 Stat. 80. Bryan was confirmed by the United States Senate on August 15, 1961, and received his commission the same day. He assumed senior status on May 3, 1972.[16]


held against Marchestti United States v. Marchetti, 466 F.2d 1309 (CA4), cert. denied, 409 U.S. 1063 (1972). [17] Alfred A. Knopf v. Colby 509 F. 2d 1362 - 1975 Bryan rejected plea that classified material could not be reviewed by the court required data proving it was classified rejected claim of injury after finding onl 26 of 168 assertions wre classified found govt had not met burdeon of proof on remaining 140 items held,. as he had in MArchetti, that Marchetti still had to submit text for review\ 4CA overtgurned burden of proof as too stringent [18]

Judge Bryan, stated privacy applied exlucisvely to marriage, sanctity of the home, nurture of family life -- even though SC had said it applied to abortion and contraception "Homosexuality ... is obviously no portion of marriage, home or family life." ruled state had the right to promote "morality and decency" quoted Leviticus Doe v. Commonwealth's Attorney of Richmond, 403 F. Supp. 1199 (1975), [19] Bryan did little more than quote a previous Supreme Court decision on Florida's sodomy laws one commentator later called Bryan's opinion "exteremely shoddy" SC affirmed without a hearing; media called it a major defeat of far-reaching impact, and a ruling that sharply depearted from 10 years of privacy rulings civil libertarians "thunderstruck" Brennam, Marshall, Stevens dissented from ruling [20]



Death

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Bryan suffered a heart attack at his home in Alexandria, Virginia, on March 1, 1984.[16] He was taken to Alexandria Hospital, but later airlifted via helicopter to Fairfax Hospital in Fairfax, Virginia.[16]


Other roles

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Judge Bryan Named To University Board The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Mar 2, 1956 Bryan Heads College Site Committee The Washington Post and Times Herald (1954-1959) - Washington, D.C. Date: Jun 18, 1956 CHARLOTTESVILLE, Va., June 17 (AP) -- Federal Judge Albert V. Bryan of Alexandria will head a three-man committee that will investigate a possible site for the University of Virginia's new extension in northern Virginia. Va. U. Unit On Bowman Tract Urged The Washington Post and Times Herald (1954-1959); Sep 16, 1956; A19; Bowman Tract Criticized As Va. University Site The Washington Post and Times Herald (1954-1959); Sep 19, 1956; 15;


The Albert V. Bryan United States Courthouse, in Alexandria, Virginia, was named in his honor in 1986.[21] Episcopalian[22] He is buried at Ivy Hill Cemetery in Alexandria, Virginia.

References

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  1. ^ a b c d e f g h "54th Judicial Conference" at Federal Reporter 1985, p. lxxi.
  2. ^ a b "Albert V. Bryan Federal Courthouse at Federal Reporter 1996, p. xciv.
  3. ^ a b Smith, Philip (March 15, 1984). "Albert V. Bryan Sr. Dies; U.S. Appeals, District Judge". The Washington Post. p. C7.
  4. ^ "President Names Bryan For Judgeship". The Washington Post. May 16, 1947. p. 10.
  5. ^ "Bryan to Take Oath as Judge Tomorrow". The Washington Post. June 9, 1947. p. B1.
  6. ^ Marder, Murrey (December 30, 1948). "Segregation Ban at Airport To Face Court Test Monday". The Washington Post. p. 1.
  7. ^ Lyons, Richard L. (January 5, 1949). "Segregation Ended at Airport". The Washington Post. p. 1.
  8. ^ "5 of 6 Counts in Segregation Suit Dismissed by U.S. Judge". The Washington Post. September 3, 1949. p. 7; "Restaurant At Airport Wins Suit". The Washington Post. December 13, 1949. p. B1.
  9. ^ "Judge Refuses To Throw Out Poll Tax Test". The Washington Post. June 22, 1950. p. B8; "Court Upholds Va. Poll Tax". The Washington Post. July 25, 1950. p. B2.
  10. ^ "Poll Tax Case Set for October By Appeals Court". The Washington Post. September 19, 1950. p. B1; "Va. Poll Tax Upheld by Federal Court". The Washington Post. February 20, 1951. p. 2.
  11. ^ "High Court Upholds Virginia Poll, Tax". The Washington Post. May 29, 1951. p. 2.
  12. ^ Peltason 1961, p. 212.
  13. ^ Klarman 2007, p. 1916.
  14. ^ Mays 2008, p. 140.
  15. ^ Mays 2008, pp. 194, 196.
  16. ^ a b c "Appeals Court Judge Suffers Heart Attack." Washington Post. March 2, 1984.
  17. ^ Green & Karolides 2005, p. 631.
  18. ^ Green & Karolides 2005, pp. 631–632.
  19. ^ Murdoch & Price 2001, p. 182.
  20. ^ Garrow 1998, p. 510.
  21. ^ Peters & Peters 1995, p. 221.
  22. ^ Whitman 1993, p. 46.

Bibliography

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{{DEFAULTSORT:Bryan, Albert Vickers, Sr. [[Category:1899 births [[Category:1984 deaths [[Category:University of Virginia School of Law alumni [[Category:Judges of the United States District Court for the Eastern District of Virginia [[Category:United States district court judges appointed by Harry S. Truman [[Category:Judges of the United States Court of Appeals for the Fourth Circuit [[Category:United States court of appeals judges appointed by John F. Kennedy

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