[Congressional Record Volume 141, Number 190 (Thursday, November 30, 1995)]
[Senate]
[Page S17871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   TRIBUTE TO JUDGE GERALD W. HEANEY

 Mr. WELLSTONE. Mr. President, on the eve of his 50th wedding 
anniversary, I take this opportunity to pay tribute to Judge Gerald W. 
Heaney, a distinguished jurist who is beginning his 30th year of 
service on the U.S. Court of Appeals for the Eighth Circuit. Although 
Judge Heaney assumed senior status on December 31, 1988, he continues 
to handle an impressive workload, bringing to each case the same 
unyielding compassion, fairness, and sense of justice that has marked 
his tenure on the bench since his appointment on December 1, 1966.
  Gerald Heaney was born on January 29, 1918, in Goodhue, MN, a rural 
community in the southeastern part of the State. In that productive 
farming community, he learned the values of close family, honesty, and 
hard work: qualities that have distinguished his public service. Judge 
Heaney received his undergraduate education at the College of St. 
Thomas and his law degree from the University of Minnesota in 1941.
  At the outbreak of World War II, Gerald Heaney enlisted in the U.S. 
Army. Serving with the distinguished 2d Ranger Infantry Battalion, his 
extraordinary bravery in the Battle of La Pointe du Hoc during the D-
day landing at Normandy earned him the Silver Star. He was also 
decorated with the Bronze Star and five battle stars before he was 
honorably discharged with the rank of captain on January 18, 1946.
  At the end of World War II, Judge Heaney married Eleanor Schmitt. Of 
his wife, Judge Heaney recently said, ``I am fortunate to have married 
Eleanor. She has been the love of my life and my friend, my companion. 
She has brought stability to me, to our children, and to our 
grandchildren.'' In December of this year, Gerald and Eleanor Heaney 
celebrate their 50th wedding anniversary by renewing their wedding vows 
at the College of Saint Scholastic Chapel in Duluth, MN.
  Judge Heaney began his legal career with the firm of Lewis, Hammer, 
Heaney, Weyl & Halverson. During his 20 years of private practice, 
Gerald Heaney dedicated himself to serving the disadvantaged and those 
seeking equality. To cite one example of this dedication, Judge Heaney 
represented teachers in their successful fight to make Duluth the first 
school district in Minnesota to adopt the same pay scale for both male 
and female teachers. While in private practice, Judge Heaney 
continually demonstrated his commitment to the improvement of the 
State's educational system. He worked actively with the Governor and 
State legislature to develop a State school aid formula, which remains 
in use today and continues to serve as a model for the rest of the 
Nation. Judge Heaney also served on the board of regents of the 
University of Minnesota, an institution to which he has devoted a 
lifetime of loyal service in recognition of its importance to the lives 
and welfare of Minnesota citizens.
  In 1966, with the support of Senators Eugene McCarthy and Walter 
Mondale, Vice President Hubert H. Humphrey, and congressional 
representative John A. Blatnik, President Lyndon B. Johnson appointed 
Gerald Heaney to the Eighth Circuit of Appeals. Former Vice President 
Walter Mondale said of Judge Heaney: ``I have served many years in 
public life and one of the best things I did was to support the 
nomination of Gerald W. Heaney to be a Circuit Judge for the Eighth 
Circuit.''
  Since his appointment, Judge Heaney has authored over 2,000 judicial 
opinions in which he has demonstrated leadership in many different and 
complex areas of law including school desegregation, civil rights, 
employment discrimination, Social Security disability cases, criminal 
law, labor relations, first amendment jurisprudence, and commercial 
litigation. These opinions evidence Judge Heaney's guiding principle: 
All persons--regardless of race, color, or creed--are entitled to equal 
protection under the law. At the unveiling of his portrait at the 
Federal courthouse in St. Paul, MN, Judge Heaney commented on the 
challenges facing our society and those in public service, ``It has 
been no simple task to preserve freedom, and it will not be simple in 
the future. Every democracy is fragile. It needs our constant and 
unwavering support. This is the task to which we must all rededicate 
ourselves.''
  Judge Heaney continues to leave his mark on the landscape of the law 
in this country. As his colleague, Judge Donald P. Lay, former chief 
judge of the Eighth Circuit Court of Appeals, has said,

       In my judgment he is the most outstanding judge ever to 
     serve, not only on the Eighth Circuit but throughout the 
     United States, in the last 25 years. He is the most well-
     prepared judge in the circuit. His industry and dedication to 
     law are unparalleled. His compassion and understanding of 
     human problems is unique. He is a scholar and true gentleman 
     in all respects.

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