Nominated by Woodrow Wilson Spouse Mary Paull Preceded by John Hessin Clarke Political party Democratic Party | Children Edward P. Succeeded by Samuel H. West Name David Westenhaver | |
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Born January 13, 1865
Berkeley County, West Virginia ( 1865-01-13 ) Alma mater Georgetown University Law School Died July 29, 1928, Ohio, United States Education Georgetown University Law Center | ||
David Courtney Westenhaver (January 13, 1865 – July 29, 1928) was a United States federal judge.
Born in Berkeley County, West Virginia, Westenhaver received an LL.B. from Georgetown University Law School in 1886. He was in private practice in Martinsburg, West Virginia from 1886 to 1903, serving as a prosecuting attorney of Berkeley County from 1886 to 1887, and as a member of the Martinsburg City Council from 1902 to 1903. He then moved his practice to Cleveland, Ohio from 1903 to 1917, and was a member of the Board of Education, Cleveland, Ohio from 1912 to 1915.
On March 12, 1917, Westenhaver was nominated by President Woodrow Wilson to a seat on the United States District Court for the Northern District of Ohio vacated by John Hessin Clarke; shortly after his former law partner, Newton Baker, became Secretary of War. Westenhaver was confirmed by the United States Senate on March 14, 1917, and received his commission the same day. Westenhaver served in that capacity until his death.
Westenhaver was married June, 1888 at Martinsburg, West Virginia, to Mary C. Paull. They had a son named Edward P. He was a Democrat in politics.
Notable Cases
Westenhaver was the presiding judge in the sedition trial of Eugene V. Debs in 1918, and handed down the widely protested sentence of ten years imprisonment that was ultimately commuted by President Warren Harding.
In 1926, Westenhaver ruled in favor of the business interest of his former partner Newton Baker in Euclid v. Ohio, a decision that was overturned by the U.S. Supreme Court in a landmark ruling that established the constitutionality of zoning laws.