Bell received a recess appointment from President John F. Kennedy on October 5, 1961, to the United States Court of Appeals for the Fifth Circuit, to a new seat authorized by 75 Stat. 80. He was nominated to the same position by President Kennedy on January 15, 1962. He was confirmed by the United States Senate on February 5, 1962, and received his commission on February 9, 1962. He served as a board member of the Federal Judicial Center from 1973 to 1976. His service terminated on March 1, 1976, due to his resignation.
In the aftermath of the disputed 1966 Georgia gubernatorial election between Democrat Lester Maddox and RepublicanHoward "Bo" Callaway, Bell joined Republican Judge Elbert Tuttle in striking down the Georgia constitutional provision requiring that the legislature chose the governor if no general election candidate receives a majority of the vote. The judges concluded that a malapportioned legislature might "dilute" the votes of the candidate with a plurality, in this case Callaway. Bell compared legislative selection to the former County Unit System, a kind of electoral college formerly used in Georgia to select the governor but invalidated by the U.S. Supreme Court. Bell and Tuttle granted a temporary suspension of their ruling to permit appeal to the U.S. Supreme Court and stipulated that the state could resolve the deadlock so long as the legislature not make the selection. In a five-to-two decision known as Fortson v. Morris, the high court struck down the Bell-Tuttle legal reasoning and directed the legislature to choose between Maddox and Callaway. Two liberal justices, William O. Douglas and Abe Fortas had argued against legislative selection of the governor, but the court majority, led this time by Hugo Black, took the strict constructionist line and cleared the path for Maddox's ultimate election.
Bell briefly returned to private practice in Atlanta in 1976. President Jimmy Carter appointed Bell Attorney General of the United States in 1977, serving until 1979.
Indictment of L. Patrick Gray
On April 10, 1978, Attorney General Bell announced the indictment of former Acting FBI Director L. Patrick Gray, Mark Felt and former FBI Assistant DirectorEdward Miller for authorizing break-ins of New York City radical political activists. Bell introduced requirements that any authorized illegal activities must be made in writing. Five Department of Justices attorneys resigned over the alleged reluctance of the Attorney Bell to pursue others in the department for illegal activities related to domestic spying.
Later career
Bell returned to private practice in Atlanta from 1979 until his death in 2009. In September 2004, Bell was appointed the Chief Judge of the United States Court of Military Commission Review. Bell was replaced by Judge Frank J. Williams in July 2007, when the first two cases were appealed to the Court, due to ill health.
Death
Griffin Bell died on January 5, 2009, in Atlanta. According to the Associated Press, Bell was being treated for complications from pancreatic cancer and had been suffering from long-term kidney disease. Governor Sonny Perdue ordered the flag of the United States flown at half-staff in the state of Georgia on January 7, 2009, the day of Bell's funeral. He is buried in Americus' Oak Grove Cemetery, Section N3-South, where his tombstone bears the inscription "Citizen Soldier, Trial Lawyer, Federal Appellate Judge, Attorney General of the United States."
Honors and awards
In December 2008, Bell received an honorary Doctor of Humanities degree from Georgia Southwestern State University in recognition of his achievements and appreciation for his efforts to promote the interests of his alma mater.
