The Taft Court continued theLochner era and largely reflected the conservative trend of the 1920s.[1] The Taft Court is also notable for being the first court able to exert some control over its own docket, as theJudiciary Act of 1925 instituted the requirement that almost all cases receive a writ ofcertiorari from four justices before appearing before the Supreme Court.[2]
Bailey v. Drexel Furniture Co. (1922): In an 8–1 decision delivered by Justice Taft, the court struck down the 1919 Child Labor Tax Law, which Congress had passed to tax companies usingchild labor. The court held that the tax was not a true tax, but rather a regulation on businesses using child labor, and thus a violation of theTenth Amendment which the court held was charged with such regulation.
Moore v. Dempsey (1923): In a 6-2 decision written by Justice Holmes, the court held that mob interference in a criminal trial violates due process, and that federal courts could protect against due process violations in trials held by state courts. It was the first Supreme Court case in the 20th century that protected the civil rights ofAfrican Americans in theSouth.[3]
Pierce v. Society of Sisters (1925): In a unanimous decision delivered by Justice McReynolds, the court struck down theOregon Compulsory Education Act, which had required children to attend only public schools; the law included several exceptions, and was mostly targeted atparochial schools. The court held that the law violated due process.
Lum v. Rice (1927): A unanimous opinion by Taft upheld a Mississippi school district's expulsion of aChinese American student from a whites-only school on the grounds that Mississippi law did not consider Asians to be white, greatly expanding the scope of permissible racial discrimination in American schools untilBrown v. Board of Education outlawed it 27 years later.
The Taft Court struck down numerous economic regulations in defense of alaissez-faire economy, but largely avoided striking down laws that affected civil liberties.[5] The court struck down both federal and state regulations, with the latter often being struck down on basis of thedormant commerce clause.[6] The court also tended to take the side of businesses over unions, rarely intervened to protect minorities, and generally issued conservative rulings with regard tocriminal procedure.[7] During the preceding White Court, progressives came close to taking control of the court, but Harding's appointments shored up the conservative wing.[5] Holmes and Brandeis (and Clarke, before his retirement) formed the progressive wing of the court and were more willing to uphold government regulations. McReynolds, Van Devanter, and the Harding appointees (Taft, Sutherland, Butler, and Sanford) made up the conservative bloc and frequently voted to strike downprogressive legislation such as child labor laws.[5] Van Devanter, Taft, Sutherland, Butler, and Sanford formed a cohesive quintet that often voted together, while McReynolds was more likely than the others to dissent from the right.[8] The departures of Pitney and Day left Joseph McKenna as the lone swing justice, though McKenna became more conservative as he neared retirement.[5] In 1925, PresidentCalvin Coolidge appointed Attorney GeneralHarlan F. Stone to replace McKenna, and Stone surprised many by aligning with Holmes and Brandeis.[9]
Abraham, Henry Julian (2008).Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II. Rowman & Littlefield.ISBN9780742558953.
Anderson, Donald F. (Winter 2000). "Building National Consensus: The Career of William Howard Taft".University of Cincinnati Law Review.68:323–356.
Hall, Kermit L.; Ely, James W. Jr.; Grossman, Joel B., eds. (2005).The Oxford Companion to the Supreme Court of the United States (2nd ed.). Oxford University Press.ISBN9780195176612.
Hall, Kermit L.; Ely, James W. Jr., eds. (2009).The Oxford Guide to United States Supreme Court Decisions (2nd ed.). Oxford University Press.ISBN978-0195379396.
Hall, Timothy L. (2001).Supreme Court Justices: A Biographical Dictionary. Infobase Publishing.ISBN9781438108179.
Hoffer, Peter Charles; Hoffer, WilliamJames Hull; Hull, N. E. H. (2018).The Supreme Court: An Essential History (2nd ed.). University Press of Kansas.ISBN978-0-7006-2681-6.
Howard, John R. (1999).The Shifting Wind: The Supreme Court and Civil Rights from Reconstruction to Brown. SUNY Press.ISBN9780791440896.