James McReynolds | |
|---|---|
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| Associate Justice of the Supreme Court of the United States | |
| In office October 12, 1914 – January 31, 1941[1] | |
| Nominated by | Woodrow Wilson |
| Preceded by | Horace Harmon Lurton |
| Succeeded by | James F. Byrnes |
| 48thUnited States Attorney General | |
| In office March 15, 1913 – August 29, 1914 | |
| President | Woodrow Wilson |
| Preceded by | George Wickersham |
| Succeeded by | Thomas Gregory |
| 10thUnited States Assistant Attorney General | |
| In office 1903–1907 | |
| President | Theodore Roosevelt |
| Preceded by | James M. Beck |
| Succeeded by | Edward Terry Sanford |
| Personal details | |
| Born | James Clark McReynolds (1862-02-03)February 3, 1862 Elkton, Kentucky, U.S. |
| Died | August 24, 1946(1946-08-24) (aged 84) Washington, D.C., U.S. |
| Political party | Democratic |
| Education | |
James Clark McReynolds (February 3, 1862 – August 24, 1946) was an Americanlawyer andjudge from Tennessee who served asUnited States Attorney General under PresidentWoodrow Wilson and as anassociate justice of the Supreme Court of the United States. He served on the Court from 1914 to his retirement in 1941. McReynolds is best known today for his sustained opposition to the domestic programs of PresidentFranklin D. Roosevelt and his personality, which was widely viewed negatively and included documented elements of overtantisemitism andracism.[2][3]
Born inElkton, Kentucky, McReynolds practiced law in Tennessee after graduating from theUniversity of Virginia School of Law. He served as theU.S. Assistant Attorney General during PresidentTheodore Roosevelt's administration and became well known for his skill inantitrust cases. After Wilson took office in 1913, he appointed McReynolds as his administration's first attorney general. Wilson nominated McReynolds to the Supreme Court in 1914 to fill the vacancy caused by Associate JusticeHorace Harmon Lurton's death.
In his 26 years on the bench, McReynolds wrote 506 majority opinions for the Court and 157 dissents, 93 of which were against theNew Deal. He was part of the "Four Horsemen" bloc of conservative justices who frequently voted to strike down New Deal programs. He assumedsenior status in 1941 and was succeeded byJames F. Byrnes. During his Supreme Court tenure, McReynolds wrote the majority opinion in cases such asMeyer v. Nebraska,United States v. Miller,Adams v. Tanner, andPierce v. Society of Sisters. Due to his temperament, bigotry, and his opposition to the domestic programs of the FDR administration, McReynolds is sometimes included on lists of the worst Supreme Court justices by progressive-leaning thinkers.[4]
Born inElkton, Kentucky, the county seat of Todd County, McReynolds was the son of John Oliver and Ellen (née Reeves) McReynolds, both members of theDisciples of Christ church.[5] John Oliver McReynolds was active in business ventures and served as a surgeon in theConfederate army during theCivil War.[6] The house where James Clark McReynolds was born still stands;[7][A] it was listed on theNational Register of Historic Places in 1976.[9] He graduated from the prestigiousGreen River Academy[10] and later matriculated atVanderbilt University, graduating with status one year later as avaledictorian in 1882. At theUniversity of Virginia School of Law, where he studied underJohn B. Minor, "a man of stern morality and firm conservative convictions", McReynolds completed his studies in 14 months. He again graduated at the head of his class,[5] receiving his law degree in 1884.
McReynolds was secretary to U.S. SenatorHowell E. Jackson, who became an associate justice of the Supreme Court in 1893.[11] He practiced law in Nashville and served for three years as anadjunct professor ofcommercial law,insurance, andcorporations atVanderbilt University Law School.[5][12]
McReynolds became active in politics, running unsuccessfully for Congress in 1896 as a "Goldbug" Democrat.[B] As head of the Tennessee delegation to the1896 Democratic National Convention, he wrote the party's "sound money" plank.[12] UnderTheodore Roosevelt, McReynolds served asAssistant Attorney General from 1903 to 1907, when he resigned to take up private practice with the law firm of Guthrie, Cravath, and Henderson (later renamedCravath, Swaine & Moore) in New York City.
While in private practice, McReynolds was retained by the government in matters relating to enforcement ofantitrust laws. He litigated against the "tobacco trust" inUnited States v. American Tobacco Co. and against a monopoly overanthracite coal inUnited States v. Reading Co.[13] In recognition of his "trust busting" credentials, Wilson appointed McReynolds as the 48thUnited States Attorney General on March 15, 1913, and he served until his accession to the Supreme Court the following August.[13] His abrasive personality was understood to be a factor in his short tenure.[5][14][15]
On August 19, 1914, Wilsonnominated McReynolds as anassociate justice of the United States Supreme Court,[16] to succeedHorace H. Lurton. TheUnited States Senate confirmed him on August 29, by a 44–6 vote,[16][17] and he wassworn into office on October 12.[1]
When theSupreme Court Building opened in 1935 during the Great Depression, McReynolds, like most of the other justices, refused to move his office into the new building. He continued to work out of the office he maintained in his apartment.[18] He said that, with the country in economic turmoil, the government should not have spent so much money on a single building.[18]
In his 27 years on the bench, McReynolds wrote 506 decisions, an average of just under 19 opinions for each term of the Court during his tenure. In addition, he authored 157 dissents, 93 of which were against the New Deal.[19][20]
McReynolds's fierce opposition toFranklin Roosevelt'sNew Deal legislation designed to provide relief to citizens and put people to work, but which greatly expanded the scope of the federal government during theGreat Depression, resulted in his being classified as one of the "Four Horsemen", along withGeorge Sutherland,Willis Van Devanter andPierce Butler.[14] McReynolds voted to strike down theTennessee Valley Authority inAshwander v. TVA, theNational Industrial Recovery Act inSchechter Poultry Corp. v. United States, theAgricultural Adjustment Act of 1933 inUnited States v. Butler, theBituminous Coal Conservation Act of 1935 inCarter v. Carter Coal Co., and theSocial Security Act, 42 U.S.C. § 301et seq., inSteward Machine Co. v. Davis, 301 U.S. 548 (1937).[5] He continued to vote against New Deal measures after most of the Court shifted in 1937 to upholding New Deal legislation. Howard Ball called McReynolds "the most strident Court critic of Roosevelt's New Deal programs".[21]
As a confirmed opponent of federal authority aimed toward social ends or economic regulation, McReynolds had the "single-minded passion of a zealot".[5] He was a "firm believer inlaissez-faire economic theory", which he said was constitutionally enshrined.[5] After the "Lochner era" ended in 1937—the Court's "switch in time that saved nine"—McReynolds became a dissenter.[15] Unchanging through his 1941 retirement, his dissents continued to decry the federal government's exercises of power. InSteward Machine Co. v. Davis,301 U.S. 548 (1937),[1] he dissented from a decision upholding theSocial Security Act. He wrote: "I can not find any authority in the Constitution for making the Federal Government the greatalmoner of public charity throughout the United States".[22][5]
McReynolds wrote two early decisions using theFourteenth Amendment to protectcivil liberties:Meyer v. Nebraska,262 U.S.390 (1923), andPierce v. Society of Sisters,268 U.S.510 (1925).Meyer involved a state law that prohibited the teaching of modern foreign languages in public schools. Meyer, who taught German in a Lutheran school, was convicted under this law. In overturning the conviction on substantivedue process grounds, McReynolds wrote that the liberty guaranteed by the Due Process Clause of the Fourteenth Amendment included an individual's right "to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, to establish a home and bring up children, to worship God according to the dictates of his conscience, and generally to enjoy privileges, essential to the orderly pursuit of happiness by free men". These two decisions survived the post-Lochner era.[15]
Pierce involved a challenge to a law forbidding parents to send their children to any but public schools. McReynolds wrote the opinion for a unanimous Court, holding that the Act violated the liberty of parents to direct the education of their children: "the fundamental liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only". These decisions were revived long after McReynolds left the bench, to buttress the Court's announcement of a constitutionalright to privacy inGriswold v. Connecticut,381 U.S.479 (1965), and later the constitutionalright to abortion inRoe v. Wade,410 U.S.113 (1973).
McReynolds wrote the decision inUnited States v. Miller,307 U.S.174 (1939), the only Supreme Court case directly involving theSecond Amendment untilDistrict of Columbia v. Heller in 2008.[20] In the field of tax law, he wrote for the Court inBurnet v. Logan, 283 U.S. 404 (1931), a significant decision setting out the Court's doctrine regarding "open transactions."
He also wrote the dissent in theGold Clause Cases, which required the surrender of allgold coins,gold bullion, andgold certificates to the government by May 1, 1933, underExecutive Order 6102, issued by President Franklin Roosevelt.
McReynolds was labeled "Scrooge" by journalistDrew Pearson.[C] Chief JusticeWilliam Howard Taft thought him selfish, prejudiced and mean: "[H]e has a continual grouch, and is always offended because the court is doing something that he regards as undignified."[23][24] Taft also wrote that McReynolds was the most irresponsible member of the Court, and that "[i]n the absence of McReynolds everything went smoothly."[25]
Early on, his temperament affected his performance in the court.[14] For example, he determined thatJohn Clarke, another Wilson appointee, was too liberal and refused to speak with him.[14] Clarke decided to resign early from the court, and said that McReynolds's open antipathy was a factor.[26] McReynolds refused to sign the customary joint memorial letter for Clarke, which was always given to departing members.[27] In a letter, Taft commented that "[t]his is a fair sample of McReynolds's personal character and the difficulty of getting along with him."[28]
Taft wrote that although he considered McReynolds an "able man", he found him to be "selfish to the last degree ... fuller of prejudice than any man I have ever known ... one who delights in making others uncomfortable. He has no sense of duty ... really seems to have less of a loyal spirit to the Court than anybody."[29] In 1929, McReynolds asked Taft to announce opinions assigned to him (McReynolds), explaining that "an imperious voice has called me out of town. I don't think my sudden illness will prove fatal, but strange things some time [sic] happen around Thanksgiving."[30] Duck hunting season had opened and McReynolds was off to Maryland for some shooting. In 1925, he left so suddenly on a similar errand that he had no opportunity to notify the Chief Justice of his departure. Taft was infuriated as two important decisions he wanted to deliver were delayed, because McReynolds had not handed in a dissent before leaving.[31]
McReynolds went on tirades about "un-Americans" and "political subversives."[5] Known as a blatantbigot,[14][D][33] he would not accept "Jews, drinkers, blacks, women, smokers, married or engaged individuals" as law clerks.[34]Time "called him 'Puritanical', 'intolerably rude', 'savagely sarcastic', 'incredibly reactionary', and 'anti-Semitic'".[35][36][37] McReynolds refused to speak toLouis Brandeis, the first Jewish member of the Court, for the first three years of Brandeis's tenure. When Brandeis retired in 1939, McReynolds again did not sign the dedicatory letter.[36][38] He habitually left the conference room whenever Brandeis spoke.[36]
WhenBenjamin Cardozo's appointment was being pressed on PresidentHerbert C. Hoover, McReynolds joined JusticesPierce Butler andWillis Van Devanter in urging the White House not to "afflict the Court with another Jew".[39] When news of Cardozo's appointment was announced, McReynolds is claimed to have said "Huh, it seems that the only way you can get on the Supreme Court these days is to be either the son of a criminal or a Jew, or both."[40][41] During Cardozo's swearing-in ceremony, McReynolds pointedly read a newspaper.[40][42] He often held a brief or record in front of his face when Cardozo delivered an opinion from the bench.[43] Likewise, he refused to sign opinions authored by Brandeis.[3][verification needed][better source needed]
According toJohn Frush Knox, McReynolds's law clerk for the 1936–37 term (following the seven-year clerkship of Maurice Mahoney), and one author of a memoir of McReynolds's service, McReynolds never spoke to Cardozo at all,[34] and several sources report that he did not attend Cardozo's memorial ceremonies held at the Supreme Court.[41][44][45] (On the other hand, the report that he did not attendFelix Frankfurter's swearing-in—with regard to which he is reported to have exclaimed, "My God, another Jew on the Court!"[46]—was refuted by Supreme Court historian Franz Jantzen, as cited by T. C. Peppers in theRichmond Public Interest Law Review.[47][2])
In 1922, Taft proposed that members of the Court accompany him to Philadelphia on a ceremonial occasion, but McReynolds refused, writing: "As you know, I am not always to be found when there is a Hebrew abroad. Therefore, my 'inability' to attend must not surprise you."[48] However, the oft-repeated story that McReynolds refused to sit for the 1924 Court photograph because of his hostility to Brandeis is untrue. McReynolds objected to taking a new photograph when there had been no change in the membership of the court since the 1923 photograph.[49]Alpheus T. Mason misinterpreted this as hostility to Brandeis, but McReynolds sat for numerous photographs for which Brandeis (and later Felix Frankfurter) was present.[50]
Once, when colleagueHarlan Fiske Stone remarked to him of an attorney's brief: "That was the dullest argument I ever heard in my life", McReynolds replied: "The only duller thing I can think of is to hear you read one of your opinions."[35]
McReynolds's rudeness was not confined to colleagues on the Court, or Jews. WhenCharles Hamilton Houston, one of the foremost African American lawyers of his day, appeared before the Court to argue in favor of desegregating theUniversity of Missouri Law School inGaines v. Canada (1938), McReynolds turned his chair backward so he could not see Hamilton.[51] McReynolds's long-suffering African-American domestic servants—subject to his racism—gave him the nickname "Pussywillow".[52]
As a Justice, McReynolds held privileges at theChevy Chase golf club. JusticesPierce Butler andWillis Van Devanter transferred from the club toBurning Tree because McReynolds "got disagreeable even beyond their endurance".[53] Once when called before the chairman of the Golf Committee to answer complaints filed against him, McReynolds said, "I've been a member of this club a good many years, and no one around here has ever shown me any courtesy, so I don't intend to show any to anyone else." The indignant chairman replied: "Mr. Justice, you wouldn't be a member of this club if it wasn't for your official position. The members of this club have put up with your discourtesy for years, merely because you are a member of the Supreme Court. But I'm telling you now that the next time there is a complaint against you, you'll be suspended from the privileges of the golf course."[54]
When a woman lawyer appeared in the courtroom, McReynolds reportedly muttered: "I see the female is here again." He often left the bench when a woman lawyer rose to present a case.[36] He found the wearing of wristwatches by men effeminate, and the use of red fingernail polish by women vulgar.[35]
McReynolds forbade smoking in his presence, and is said to have been responsible for the "No Smoking" signs in theSupreme Court Building, inaugurated during his tenure.[55] He announced to any justice who attempted to smoke in conference that "tobacco smoke is personally objectionable to me". Any who tried "were stopped at the threshold".[56]
But McReynolds was reportedly "extremely charitable" to the pages who worked at the Court,[56] and had a great love of children.[5] For example, he gave very generous assistance and adopted 33 children who were victims of the German bombing of London in 1940, and left a sizable fortune to charity.[35][36] AfterOliver Wendell Holmes's wife died, McReynolds wept at her funeral.[54] Holmes wrote in 1926: "Poor McReynolds is, I think, a man of feeling and of more secret kindliness than he would get credit for."[35]
McReynolds often entertained at his apartment, and occasionally passed cigarettes to his guests.[56] He often invited people for brunch on Sunday mornings. According toWilliam O. Douglas, "On these informal occasions in his own home he was the essence of hospitality and a very delightful companion."[57] Once, when riding to his office on a street car, a drunk got on board and fell out in the aisle. McReynolds picked him up, helped him back to his seat, and sat beside him until they reached the top of Capitol Hill, leaving him only after giving explicit instructions to the conductor.[58] When he was required to preside in court, due to absence of more senior justices, "he was the soul of courtesy, graciously greeting and raptly listening to the arguments by lawyers of both sexes."[36] The public McReynolds was noted for his hospitality. He entertained frequently at the Willard Hotel with guest lists of 150 people, including his fellow justices, and at an annual eggnog party that was one of the social highlights of the Christmas season.Alice Roosevelt, one of many friends, requested the services of his cook, Mrs. Parker, for her wedding breakfast on the occasion of her marriage to Nicholas Longworth.[59]
After a substantialhearing loss in 1925, McReynolds strongly intended to resign from the Court, and was dissuaded only by requests by many friends, who called him "one of the few who have courageously stood for the rights of property and of the citizen."[60] McReynolds ultimately retired on January 31, 1941, and assumedsenior status. He lived at the Rochambeau apartment complex inWashington, D.C. from 1915 until President Roosevelt requisitioned the building in 1935 for his New Deal requirements. McReynolds found a new apartment at 2400 Sixteenth Street. After the deaths ofJohn Hessin Clarke andHarlan F. Stone in 1945 and 1946 respectively, he was the last surviving member of the Taft Court.
McReynolds never married.[5][15] He died on August 24, 1946, and was buried in the Elkton Cemetery inElkton, Kentucky. Elkton residents fondly remembered him, pointing out both his home and office "with great pride and respect".[61]
Knox wrote "in 1946 he [McReynolds] died a very lonely death in a hospital – without a single friend or relative at his bedside." He was buried in Kentucky, but no member of the Court attended his funeral. In contrast, as the clerk noted, when McReynolds'sAfrican-American messenger, Harry Parker, died in 1953, his funeral was attended by five or six justices, including the chief justice. McReynolds's brother, Robert, visited him in the hospital shortly before his death.
In his will, McReynolds wrote, "let there be no service in Washington". The U.S. Marshal for the Supreme Court traveled to Elkton for the funeral. TheChristian Science Monitor hailed McReynolds in tribute as "the last and lone champion on the Supreme Bench battling the steady encroachment of Federal powers on State and individual rights ... standing these later years at thePass of Thermopylae".[62]
McReynolds bequeathed his entire estate to charity.[5][35][36] Among these bequests were additional funds to Children's Hospital in Washington, which he had supported for years, adding a new elevator, $10,000 and the residue of his estate. His books and opinions were left to theLibrary of Congress, and $10,000 and his judicial robe to Vanderbilt University, where he had served for 30 years on the Board of Trustees.[63]
McReynolds's papers are held at many libraries around the country, mainly at theUniversity of Virginia Law School;[64]Harvard University Law School,Felix Frankfurter papers; John Knox papers (1920–80), available at theUniversity of Virginia andNorthwestern University;University of Kentucky atLexington, Kentucky, William Jennings Price (1851–1952) papers;University of MichiganBentley Historical Library,Frank Murphy papers;Minnesota Historical Society,Pierce Butler papers;Tennessee State Library and Archives, Robert Boyte Crawford Howell papers;University of Virginia, Homer Stille Cummings papers.[65][66]
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James Clark McReynolds (Associate Justice, 1914-1941) might be the single most personally unpopular Supreme Court Justice in history... But was he so anti-Semitic that there is no group photograph for 1924 because he refused to sit next to Justice Louis D. Brandeis, as the seating arrangement dictated? Although this story is frequently cited as evidence of just how obnoxious he could be, it is not true.
[Under section entitled, "Justice James Clark McReynolds: The "Ebenezer Scrooge" of the Court", citation numbers remaining, citations omitted] "McReynolds was unquestionably the most unpleasant individual to sit on the Supreme Court bench. The list of adjectives that could be used to describe McReynolds includes racist, anti-Semite, misogynist, imperious, lazy, miserly and curmudgeon. Those who regularly interacted with McReynolds—his fellow justices, his long-time messenger, his domestic staff, his law clerks, and even members of his country club—were targets of his snobbery and vitriol. Chief Justice William Howard Taft himself once described McReynolds as a 'continual grouch' and 'selfish to the last degree... fuller of prejudice than any man I have ever known... one who delights in making others uncomfortable. He has no sense of duty... [and] really seems to have less of a loyal spirit to the Court than anybody.'[35] / Some criticism of McReynolds, however, seems remarkably petty. Biographers and journalists sniped at McReynolds for being a mediocre golfer whose slow play held up foursomes behind him.[36] He hated tobacco and would ask smokers to extinguish their cigarettes and cigars, was a dangerous driver, and may have had an affair with a married woman.[37] Even his physical appearance was fair game: 'McReynolds is a bachelor, tall, slender and has a face with such a Satanic look that in it there is a certain charm.'[38] / Like many controversial figures, however, the stories about McReynolds' nasty personality have taken on a life of their own and the line between fact and fiction has been blurred. In a recent article, Supreme Court historian Franz Jantzen debunks two popular rumors related to McReynolds' antisemitism: (1) that McReynolds refused to have his official portrait taken because he did not want to sit next to Louis Brandeis (the first Jewish justice), and (2) that McReynolds refused to attend the swearing-in ceremony of Felix Frankfurter (the third Jewish justice).[39] While conceding that McReynolds had racist and religious prejudices, Jantzen ends with an important warning: 'We can only truly take the measure of the man by using those things that he actually said and did...not by using myth and innuendo.'[40] / Nor can you take the full measure of the man without discussing all of his attributes – positive and negative. In a 1939 Time article, the magazine raised a familiar set of charges against the Justice: he was a man "intolerably rude, antiSemitic [sic], savagely sarcastic, incredibly reactionary, Puritanical, prejudiced."[41] The same article, however, observed that the McReynolds 'legend' (an important choice of words) 'had little to say about his tenderness to his narrow circle of friends, his unfailing generosity, his clear legal perception, his unerring eye and ear for the false, the unessential.'"
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But the brusque attitude of Butler and the deliberate hazing administered by McReynolds, who read a newspaper while the new Justice took the oath of office, deeply hurt his sensitive soul.
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| Preceded by | United States Attorney General 1913–1914 | Succeeded by |
| Preceded by | Associate Justice of the Supreme Court of the United States 1914–1941 | Succeeded by |
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