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Thomas Van Orden


Thomas David Van Orden (September 1, 1944 – November 11, 2010) was an American lawyer who challenged the constitutionality of displaying the Ten Commandments on the grounds of the Texas Capitol under the Establishment Clause of the U.S. Constitution. Van Orden v. Perry, 125 S. Ct. 2854 (2005).

Van Orden is lesser known for In Re Van Orden, 559 S.W.2d 805, Tex. Crim. App., (1977) in which he was punished as an attorney for contempt by the highest criminal court in Texas.

A native Texan born in Fort Worth who spent part of his boyhood in Tyler, Van Orden graduated from the University of North Texas and then earned his law degree from Southern Methodist University School of Law. Van Orden described himself as a "religious pluralist."

Thomas Van Orden was a veteran who served during the Vietnam War. He was initially assigned to be an Army helicopter door gunner but was reassigned to the Judge Advocate General's Corps and tasked with preparing wills for his fellow soldiers. Thomas's older brother was killed in action in the same conflict. His brother, a Navy pilot, served aboard the same carrier as future senator and presidential contender John McCain. Like his brother, Van Orden later became a civil pilot as well as an instructor.

After his service, Thomas Van Orden returned to Tyler to practice law, and this included a tenure as attorney for the City of Tyler. Van Orden was also appointed to represent clients by the Hon. William Wayne Justice, the U.S. district judge for the Eastern District of Texas, sitting in Tyler. Van Orden subsequently relocated to Houston to focus his practice on criminal defense before eventually again moving his law practice to Austin. His license to practice law was suspended in December 1999 for "disciplinary sanctions" and "default in payment of occupation tax."


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