John G. Heyburn II

John G. Heyburn II
Born November 12, 1948
Boston, Massachusetts, U.S.
Died April 29, 2015
Louisville, Kentucky, U.S.
Cause of death liver cancer
Occupation Judge

John Gilpin Heyburn II (November 12, 1948 – April 29, 2015) was an Article III federal judge for the United States District Court for the Western District of Kentucky. Heyburn served as the Chief Judge of the Court between 2001 and 2008.

Early life and education

Heyburn was born in Boston, Massachusetts and raised in Louisville, Kentucky. His father and grandfather were both attorneys. Heyburn graduated from Harvard University with his Bachelor's Degree in 1970 where he also lettered in cross-country and track and completed several Boston Marathons. He earned his juris doctor degree from the University of Kentucky Law School in 1976 and was a member of its National Moot Court Team.

Legal career

Heyburn spent his entire pre-judicial legal career as a private practice attorney with the Louisville, Kentucky based law firm of Brown, Todd and Heyburn (now Frost Brown Todd) from 1976 to 1992. His practice focused on civil litigation within the construction industry. He also served as Special Counsel for then - Jefferson County Judge/Executive Mitch McConnell. Also, Heyburn served in the US Army Reserve from 1970 to 1976.[1]

Federal judicial career

On the recommendation of Senator Mitch McConnell, Heyburn was nominated by President George H. W. Bush on March 20, 1992 to a seat vacated by Thomas Ballantine, Jr. as Ballantine went on senior status. Heyburn was confirmed by the U.S. Senate on August 12, 1992 on a Senate vote and received commission on August 17, 1992. He took senior status on April 1, 2014.[1]

In 1994, Chief Justice Rehnquist appointed Heyburn to serve on the Budget Committee of the Judicial Conference of the United States. In January 1997, Heyburn was appointed Chair of the Budget Committee and served in that capacity until December 2004. In that role Heyburn led the development of the appropriations request for the federal judiciary. He testified many times before various House and Senate committees on budget issues. He consulted with the Republic of Ireland judiciary during the reform of their justice system.

In June 2007, Chief Justice Roberts appointed Heyburn as Chair of the Judicial Panel on Multidistrict Litigation. The Panel decides whether cases in districts around the nation including overlapping nationwide or statewide class actions, should be centralized in a single judicial district for pretrial purposes.

Heyburn spoke throughout the country on the congressional budget process, the independent judiciary and the role of the Panel on Multidistrict Litigation in complex litigation.

Heyburn presided over Maker's Mark v. Diageo North America, et al., 703 F. Supp. 2d 671 (W.D. Ky. 2010). Heyburn's ruling in that case was upheld on appeal to the Sixth Circuit; the appellate decision, Maker's Mark, 679 F.3d 410 (2012), written by Judge Boyce F. Martin, Jr., began: "All bourbon is whiskey, but not all whiskey is bourbon."[2] It is recognized as of the most thoughtful judicial histories of bourbon and American spirits ever printed.

On February 11, 2014 Heyburn ruled in Bourke v. Beshear that the Commonwealth of Kentucky must recognize same-sex marriages performed in states where those unions are legal.[3]

On July 1, 2014, Heyburn ruled again in favor of same sex marriage, declaring that same sex couples have a right to marry in Kentucky. He wrote "In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted", in response to arguments put forth by attorney Leigh Latherow, who was hired by Gov. Steve Beshear to defend the ban. The argument put forth by the Ashland attorney was solely justified by the assertion that traditional marriages contribute to a more stable birth rate, which in turn bolsters the state's economic health. Heyburn was quoted, "These arguments are not those of serious people."[4]

Death

Heyburn died of liver cancer on April 29, 2015 at the age of 66, in Louisville.[5]

References

External links

Legal offices
Preceded by
Thomas Austin Ballantine, Jr.		 Judge of the United States District Court for the Western District of Kentucky
1992–2014 		Succeeded by
vacant
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