James Clark McReynolds

Summary

James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the Supreme Court of the United States. He served on the Court from October 1914 to his retirement in January 1941. He is best known today for his sustained opposition to the domestic programs of President Franklin D. Roosevelt, and his personality which was widely viewed negatively, and included documented elements of overt anti-semitism and racism.[2][3] Born in Elkton, Kentucky, McReynolds practiced law in Tennessee after graduating from the University of Virginia School of Law. He served as the Assistant Attorney General during the administration of President Theodore Roosevelt and became well known for his skill in antitrust cases. After President Wilson took office in 1913, he appointed McReynolds as his administration's first Attorney General. Wilson successfully nominated McReynolds to the Supreme Court in 1914 to fill a vacancy caused by the death of Associate Justice Horace Harmon Lurton.

James McReynolds
Jamescmcreynolds.jpg
Associate Justice of the Supreme Court of the United States
In office
October 12, 1914 – January 31, 1941[1]
Nominated byWoodrow Wilson
Preceded byHorace Harmon Lurton
Succeeded byJames F. Byrnes
48th United States Attorney General
In office
March 15, 1913 – August 29, 1914
PresidentWoodrow Wilson
Preceded byGeorge Wickersham
Succeeded byThomas Gregory
Personal details
Born
James Clark McReynolds

(1862-02-03)February 3, 1862
Elkton, Kentucky, U.S.
DiedAugust 24, 1946(1946-08-24) (aged 84)
Washington, D.C., U.S.
Political partyDemocratic
EducationVanderbilt University (BS)
University of Virginia (LLB)

In his twenty-six years on the bench, McReynolds wrote 506 majority opinions for the court and 157 dissents, 93 of which were against the New Deal. McReynolds was part of the "Four Horsemen" bloc of conservative justices who frequently voted to strike down New Deal programs. He assumed senior status in 1941 and was succeeded by James F. Byrnes. During his Supreme Court tenure, McReynolds wrote the majority opinion in cases such as Meyer v. Nebraska, United States v. Miller, Adams v. Tanner and Pierce v. Society of Sisters. Due to his bigotry and temperament, McReynolds is sometimes included in lists of the worst Supreme Court justices.[4]

Early lifeEdit

 
McReynolds's birthplace in Elkton

Born in Elkton, Kentucky, the county seat of Todd County, McReynolds was the son of John Oliver and Ellen (née Reeves) McReynolds, both members of the Disciples of Christ church.[5] John Oliver McReynolds was active in business ventures and served as a surgeon in the Confederate army during the Civil War.[6] The house in which James Clark McReynolds was born still stands;[7][A] it was listed on the National Register of Historic Places in 1976.[9] He graduated from the prestigious Green River Academy[10] and later matriculated at Vanderbilt University, Nashville, Tennessee, graduating with status one year later as a valedictorian in 1882. At the University of Virginia School of Law, where he studied under John B. Minor, "a man of stern morality and firm conservative convictions," McReynolds completed his studies in fourteen months. He again graduated at the head of his class.[5] McReynolds received his law degree in 1884.

He was secretary to Senator Howell Edmunds Jackson, who later became an associate justice, in 1893.[11] McReynolds practiced law in Nashville and served for three years as an Adjunct professor of Commercial Law, Insurance, and Corporations at Vanderbilt University Law School.[5][12]

He became active in politics, running unsuccessfully for Congress in 1896 as a "Goldbug" Democrat.[B] As head of the Tennessee delegation to the 1896 Democratic Convention, he wrote the party's "sound money" plank.[12] Under Theodore Roosevelt, McReynolds served as Assistant Attorney General from 1903 to 1907, when he resigned to take up private practice with the noted law firm of Guthrie, Cravath, and Henderson (later renamed Cravath, Swaine & Moore) in New York City.

Attorney GeneralEdit

 
Attorney General McReynolds (ca. 1913)

While in private practice, McReynolds was retained by the government in matters relating to enforcement of antitrust laws, particularly in proceedings against the "Tobacco trust" (see United States v. American Tobacco Co., 221 U.S. 106 (1911))[13][14] and the combination of the anthracite coal railroads.[15] The case which brought him to the attention of President Wilson was the government's case against the American Tobacco Company, in which McReynolds presented the government's case, while the company was represented by Clarence Darrow and 17 other attorneys.[16]

On March 15, 1913, following the successful conclusion of this case, with Attorney General Wickersham's recommendation, Wilson appointed McReynolds as the 48th United States Attorney General; he served until August 29, 1914. During his time in private practice, McReynolds earned a reputation as an ardent 'trust buster',[15][17] and he continued working against trusts during his time as the US Attorney General.[15][17][3] In spite of his negative views of corporate monopolies, McReynolds was very supportive of laissez-faire economic policies.[18] Wilson found him difficult to work with.[5][3][19][20]

Supreme CourtEdit

On August 19, 1914, Wilson nominated McReynolds as an associate justice of the United States Supreme Court,[21] to succeed Horace H. Lurton. He was confirmed by the United States Senate on August 29, 1914, by a 44–6 vote,[21][22] and was sworn into office on October 12, 1914.[1]

When the Supreme 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.[23] He said that, with the country in economic turmoil, the government should not have spent so much money on a single building.[23]

Important opinionsEdit

 
McReynolds's Supreme Court nomination

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.[24][25]

His fierce opposition to Franklin Roosevelt's New Deal legislation designed to provide relief to citizens and put people to work during the Great Depression resulted in McReynolds being classified as one of the "Four Horsemen", along with George Sutherland, Willis Van Devanter and Pierce Butler.[19] McReynolds voted to strike down the Tennessee Valley Authority in Ashwander v. TVA, the National Industrial Recovery Act in Schechter Poultry Corp. v. United States, the Agricultural Adjustment Act of 1933 in United States v. Butler, the Bituminous Coal Conservation Act of 1935 in Carter v. Carter Coal Co., and the Social Security Act, 42 U.S.C. § 301 et seq., in Steward 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".[26]

As a confirmed opponent of federal authority aimed toward social ends or economic regulation, he had the "single-minded passion of a zealot".[5] McReynolds was a "firm believer in laissez-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.[20] Unchanging through his 1941 retirement, his dissents continued to decry the federal government's exercises of power. In Steward Machine Co. v. Davis, 301 U.S. 548 (1937)[1], he dissented from a decision of the Court upholding the Social Security Act. He wrote: "I can not find any authority in the Constitution for making the Federal Government the great almoner of public charity throughout the United States".[27][5]

 
Supreme Court's official portrait of James Clark McReynolds, ca 1941

Justice McReynolds wrote two early decisions using the Fourteenth Amendment to protect civil liberties: Meyer v. Nebraska, 262 U.S. 390 (1923), and Pierce 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. McReynolds, in overturning the conviction on substantive due process grounds, 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.[20]

Pierce involved a challenge to a law forbidding parents to send their children to any but public schools. Justice McReynolds wrote the opinion for a unanimous Court, holding that the Act violated the liberty of parents to direct the education of their children. McReynolds wrote that "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 departed from the bench, to buttress the Court's announcement of a constitutional right to privacy in Griswold v. Connecticut, 381 U.S. 479 (1965), and later the constitutional right to abortion in Roe v. Wade, 410 U.S. 113 (1973).

McReynolds wrote the decision in United States v. Miller, 307 U.S. 174 (1939), which was the only Supreme Court case that directly involved the Second Amendment until District of Columbia v. Heller in 2008.[25] In the field of tax law, McReynolds wrote for the Court in Burnet v. Logan, 283 U.S. 404 (1931), a significant decision setting out the Court's doctrine regarding "open transactions."

McReynolds also wrote the dissent in the Gold Clause Cases, which required the surrender of all gold coins, gold bullion, and gold certificates to the government by May 1, 1933, under Executive Order 6102, issued by President Franklin Roosevelt.

Personality and conflictsEdit

McReynolds was labeled "Scrooge" by journalist Drew Pearson.[C] Chief Justice William Howard Taft thought him selfish, prejudiced, and "one who delights in making others uncomfortable ... [H]e has a continual grouch, and is always offended because the court is doing something that he regards as undignified."[28][29] Taft also wrote that McReynolds was the most irresponsible member of the Court, and that "[i]n the absence of McReynolds everything went smoothly."[30]

Early on, his temperament affected his performance in the court.[19] For example, he determined that John Clarke, another Wilson appointee to the court, was "too liberal" and refused to speak with him.[19] Clarke decided to resign early from the court, and said that McReynolds's open antipathy was one factor.[31] McReynolds refused to sign the customary joint memorial letter for Clarke, which was always given to departing members.[32] 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."[33]

 
Justice McReynolds, February 3, 1940

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."[34] 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."[35] 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.[36]

McReynolds would go on tirades about "un-Americans" and "political subversives."[5] Known as a blatant bigot,[19][D][38] McReynolds would not accept "Jews, drinkers, blacks, women, smokers, married or engaged individuals" as law clerks.[39] Time "called him 'Puritanical', 'intolerably rude', 'savagely sarcastic', 'incredibly reactionary', and 'anti-Semitic'".[40][41][42] McReynolds refused to speak to Louis Brandeis, the first Jewish member of the Court, for three years following Brandeis's appointment. When Brandeis retired in 1939, McReynolds did not sign the customary dedicatory letter sent to justices on their retirement.[41][43] He habitually left the conference room whenever Brandeis spoke.[41]

When Benjamin Cardozo's appointment was being pressed on President Herbert C. Hoover, McReynolds joined with fellow justices Pierce Butler and Willis Van Devanter in urging the White House not to "afflict the Court with another Jew".[44] 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."[45][46] During Cardozo's swearing-in ceremony, McReynolds pointedly read a newspaper.[45][47] He often would hold a brief or record in front of his face when Cardozo delivered an opinion from the bench.[48] Likewise, he refused to sign opinions authored by Brandeis.[3][verification needed][better source needed]

According to John Frush Knox (1907–1997), McReynolds' law clerk for the 1936–1937 term (following the seven-year clerkship of Maurice Mahoney), and one author of a memoir of McReynolds' service, the justice never spoke to Cardozo at all,[39] and several sources report that he did not attend the memorial ceremonies held at the Supreme Court in honor of Cardozo.[46][49][50] (On the other hand, the report that he did not attend Felix Frankfurter's swearing-in—with regard to which he is reported to have exclaimed, "My God, another Jew on the Court!"[51]—was refuted by Supreme Court historian Franz Jantzen, as cited by T.C. Peppers in the Richmond Public Interest Law Review.[52][2])

In 1922, Taft proposed that members of the Court accompany him to Philadelphia on a ceremonial occasion, but McReynolds refused to go, 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."[53] 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.[54] Alpheus T. Mason misinterpreted this as hostility to Brandeis, but McReynolds sat for numerous photographs for which Brandeis (and later Felix Frankfurter) were present.[55]

Once, when colleague Harlan Fiske Stone remarked to him about 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."[40]

McReynolds's rudeness was not confined to colleagues on the Court, or Jews. When Charles Hamilton Houston, one of the foremost African American lawyers of his day, appeared before the Court to argue in favor of desegregating the University of Missouri Law School in Gaines v. Canada, McReynolds turned his chair backwards so he would not be looking at Hamilton.[56] McReynolds's long-suffering African-American domestic servants—subject to the Justice's racism—gave him the nickname "Pussywillow."[57]

Once, when called before the chairman of the Golf Committee at the Chevy Chase club 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."[58]

Justices Pierce Butler and Willis Van Devanter transferred from the Chevy Chase club to Burning Tree because McReynolds "got disagreeable even beyond their endurance".[59]

When a female lawyer appeared in the courtroom, McReynolds would reportedly mutter: "I see the female is here again." He would often leave the bench when a woman lawyer rose to present a case.[41] He thought the wearing of wrist watches by men to be effeminate, and the use of red fingernail polish by women to be vulgar.[40]

He forbade smoking in his presence, and is said to have been responsible for the "No Smoking" signs in the Supreme Court Building, inaugurated during his tenure.[60] McReynolds would announce 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".[61]

But McReynolds was reportedly "extremely charitable" to the pages who worked at the Court,[61] and had a great love of children.[5] For example, he gave very generous assistance and adopted thirty-three children who were victims of the German bombing of London in 1940, and left a sizable fortune to charity.[40][41] After Oliver Wendell Holmes's wife died, McReynolds broke down and wept at her funeral.[58] Holmes wrote in 1926: "Poor McReynolds is, I think, a man of feeling and of more secret kindliness than he would get credit for."[40]

He would often entertain at his apartment, and passed cigarettes to his guests on occasion.[61] He often invited people for brunch on Sunday mornings. According to William O. Douglas, "On these informal occasions in his own home he was the essence of hospitality and a very delightful companion."[62] 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.[63] 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."[41] The public Justice 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.[64]

RetirementEdit

After a substantial hearing loss in 1925, McReynolds strongly intended to resign from the Court, and was only dissuaded by requests from many friends, who pronounced McReynolds "one of the few who have courageously stood for the rights of property and of the citizen."[65] McReynolds retired on January 31, 1941, and assumed senior status. He lived at the Rochambeau apartment complex in Washington, D.C. from 1915 until President Roosevelt requisitioned the Beaux Arts building in 1935 for his New Deal requirements. McReynolds found a new apartment at 2400 Sixteenth Street.

Death and legacyEdit

McReynolds never married.[5][20] He died on August 24, 1946, and was buried in the Elkton Cemetery in Elkton, Kentucky. Elkton residents fondly remembered him, pointing out both his home and office "with great pride and respect".[66]

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 though one employee of the Court traveled to Kentucky for the services."[citation needed] In contrast, as the clerk noted, when McReynolds's aged African-American messenger, Harry Parker, died in 1953, his funeral was attended by five or six Justices, including the Chief Justice. McReynolds's brother, Robert, had visited him in the hospital shortly before his death.

In his will, McReynolds requested "let there be no service in Washington". The U.S. Marshal for the Supreme Court traveled to Elkton for the funeral. The Christian 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 the Pass of Thermopylae."[67]

McReynolds bequeathed his entire estate to charity.[5][40][41] 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 the Library of Congress, and $10,000 and his judicial robe to Vanderbilt University, where he had served for 30 years on the Board of Trustees.[68]

PapersEdit

McReynolds's papers are held at many libraries around the country, namely: mainly at the University of Virginia Law School in Charlottesville, Virginia;[69] Harvard University Law School in Cambridge, Massachusetts, Felix Frankfurter papers; John Knox papers (1920–80), available at the University of Virginia and Northwestern University; University of Kentucky at Lexington, Kentucky, William Jennings Price (1851–1952) papers; University of Michigan Bentley Historical Library at Ann Arbor, Michigan, Frank Murphy papers; Minnesota Historical Society, St. Paul, Minnesota, Pierce Butler papers; Tennessee State Library and Archives in Nashville, Tennessee, Robert Boyte Crawford Howell papers; University of Virginia, Charlottesville, Virginia, Homer Stille Cummings papers.[70][71]

See alsoEdit

Further readingEdit

Scholarly booksEdit

  • Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly. ISBN 0871875543. Retrieved January 27, 2022.
  • Bond, James Edward (1992). I Dissent: The Legacy of Chief Justice James Clark McReynolds. Lanham, MD: George Mason University Press.[full citation needed] Note, the designation of McReynolds as "Chief" Justice in the title is an error.
  • Frank, John P. (1995). Friedman, Leon; Israel, Fred L. (eds.). The Justices of the United States Supreme Court: Their Lives and Major Opinions. New York: Infobase Publishing-Chelsea House. ISBN 0791013774. Retrieved January 27, 2022. Limited preview.
  • Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995. Congressional Quarterly Books (2nd ed.). Washington, DC: Supreme Court Historical Society. ISBN 1568021267.[full citation needed]

Law journal articlesEdit

  • Knox, John (1984). "A Personal Recollection of Justice Cardozo". Supreme Court Historical Society Quarterly. 6.[full citation needed]
  • Jantzen, Franz (November 2015). "Urban Legend Department: McReynolds, Brandeis and the Myth of the 1924 Group Photograph". J. SUP. CT. HIST. 40 (3): 325–333, esp. 327, 327. doi:10.1111/jsch.12085. S2CID 145392466. Retrieved January 27, 2022.

    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.

  • Peppers, Todd C. (May 14, 2021). "Cancelling Justice? The Case of James Clark McReynolds". RICH. PUB. INT. L. REV. 24 (2): 59–77, esp. 65f. Retrieved January 27, 2022. See also this alternative link to the full paper.

    [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.'"

Dictionaries and EncyclopediasEdit

Other worksEdit

NotesEdit

  1. ^ One block from the Todd County courthouse, it is listed on the National Register of Historic Places Inventory.[8]
  2. ^ See free silver.
  3. ^ This is the title of the chapter dedicated to McReynolds in Pearson & Allen (1936).
  4. ^ "[McReynolds] was a headache ... He would not speak to Brandeis, was clearly anti-Semitic, and was a disruptive force."[37]

ReferencesEdit

  1. ^ a b "Justices 1789 to Present". Washington, D.C.: Supreme Court of the United States. Retrieved February 15, 2022.
  2. ^ a b Peppers, Todd C. (May 14, 2021). "Cancelling Justice? The Case of James Clark McReynolds". Richmond Public Interest Law Review. 24 (2): 59–77, esp. 65f. Retrieved January 27, 2022. See also this alternative link to the full paper, and the extensive quoted content under Further reading.
  3. ^ a b c d Fox, John (author) (2007). "Supreme Court History / Capitalism and Conflict". Biographies of the Robes: James Clark McReynolds (online support materials, TV series). New York: Educational Broadcasting Corporation. WNET-Thirteen.org. Archived from the original on April 24, 2011. Retrieved January 27, 2022. See also the four-part WNET-Thirteen.org video series to which these materials are attached, Brunius, Brian (series producer); Lennon, Thomas (director); and so forth (2007). The Supreme Court. New York. Educational Broadcasting Corporation. WNET-Thirteen.org. Retrieved January 27, 2022.
  4. ^ Millhiser, Ian. "The Five Worst Supreme Court Justices In American History, Ranked". ThinkProgress.
  5. ^ a b c d e f g h i j k l Hall (2005)
  6. ^ Shoemaker, Rebecca S. (2004). The White Court: Justice, Rulings, and Legacy. Santa Barbara, California: ABC-CLIO, Inc. pp. 86. ISBN 9781576079737.
  7. ^ Jones (1983)
  8. ^ National Register of Historic Places Inventory/Nomination: McReynolds House. National Park Service, 1976-06, 3.
  9. ^ "National Register Information System". National Register of Historic Places. National Park Service. July 9, 2010.
  10. ^ Smith, Megan (Summer 2006). "Supreme Court Associate Justice James Clark McReynolds (1862–1946): Principled Defender of the Federal Constitution" (PDF). The Upsilonian. Upsilon Sigma Phi. 17: 1. Archived from the original (PDF) on May 28, 2010. Retrieved 2010-11-17.
  11. ^ Ward, Artemus; Weiden, David L. (2006). Ward, Artemus, and David Welden, Sorcerers' Apprentices, p. 281 (NYU Press, 2007). ISBN 9780814794043. Archived from the original on 2021-11-08. Retrieved 2017-12-14.
  12. ^ a b "James C. McReynolds". Supreme Court Historical Society. Archived from the original on November 2, 2020. Retrieved March 21, 2012.
  13. ^ "United States vs. American Tobacco, 221 U.S. 106, syllabus". Justia.com. 1911. Archived from the original on November 9, 2011. Retrieved March 20, 2012.
  14. ^ "United States vs. American Tobacco, 221 U.S. 106 full text opinion". Justia.com. 1911. Archived from the original on November 9, 2011. Retrieved March 20, 2012.
  15. ^ a b c "James Clark McReynolds, Attorney General". Department of Justice. Archived from the original on April 15, 2012. Retrieved March 20, 2012.
  16. ^ U.S. vs. American Tobacco Company, 221 U.S. 106. Argued January 3, 4, 5 6, 1910; re-argued January 6, 9, 11, 12, 1911.
  17. ^ a b Bush, Cornelia. "James Clark McReynolds". footnote.com. Archived from the original on November 8, 2021. Retrieved March 21, 2012.
  18. ^ "McReynolds, James Clark | Infoplease". www.infoplease.com. Archived from the original on 2020-07-04. Retrieved 2020-07-03.
  19. ^ a b c d e "James C. McReynolds". Oyez Project Official Supreme Court media. Chicago Kent College of Law. Archived from the original on March 28, 2012. Retrieved March 20, 2012.
  20. ^ a b c d Ariens, Michael (2002–2005). "James Clark McReynolds". Michael Ariens website. Archived from the original on February 4, 2012. Retrieved March 19, 2012.
  21. ^ a b McMillion, Barry J. (January 28, 2022). Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved February 15, 2022.
  22. ^ "McREYNOLDS CONFIRMED.; Vote 44 to 6 In Senate ;- Favorable Action on Gregory Also". The New York Times. August 30, 1914. Retrieved March 28, 2022.
  23. ^ a b Bush (2010)
  24. ^ Burner (1969), p. 2026
  25. ^ a b Lucas, Roy (2004). "The Forgotten Justice James Clark McReynolds & The Neglected First, Second & Fourteenth Amendments". Washington, D.C. Archived from the original on October 25, 2011. Retrieved March 21, 2012.
  26. ^ Ball (2006), p. 89
  27. ^ Steward Machine Co. v. Davis, 301 U.S. 548, 603 (1937).
  28. ^ Letter from Taft to Horace Taft, December 26, 1924; quoted in Pringle (1939), p. 971
  29. ^ Schlesinger (1960), p. 456
  30. ^ Letter from Taft to Helen Taft Manning, June 11, 1923, quoted in Mason (1964), p. 215
  31. ^ Bickel & Schmidt (1985), p. 413
  32. ^ Warner (1959), p. 115
  33. ^ Letter from Taft to R.A. Taft, October 26, 1922, quoted in Mason (1964), p. 217
  34. ^ Letter from William Howard Taft to Helen Taft Manning, June 11, 1923; Mason (1964), pp. 215–216
  35. ^ Letter from J.C. McReynolds to Taft, November 23, 1929, quoted in Mason (1964), p. 216
  36. ^ Letter from William Howard Taft to R.A. Taft, February 1, 1925, quoted in Mason (1964), p. 216
  37. ^ Taft, Charles P. Swindler, William F. (ed.). My Father the Chief Justice, Yearbook 1977. The Supreme Court Historical Society. p. 8.
  38. ^ Burner (1969)
  39. ^ a b Abraham (1999), pp. 133–135
  40. ^ a b c d e f Burner (1969), p. 2024
  41. ^ a b c d e f g Baker (1991), p. 465
  42. ^ Hall (1992), p. 543
  43. ^ Baker (1984), p. 370
  44. ^ Quoted in Pearson & Allen (1936), p. 225
  45. ^ a b Pearson & Allen (1936), p. 225
  46. ^ a b Kaufman (1998), p. 480
  47. ^ "The Nine Old Men". p. 219. Retrieved November 2, 2020. 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.
  48. ^ Kaufman (1998), p. 480, attributed to Paul A. Freund at a talk delivered before the Harvard Law School Forum, March 7, 1977, from Kaufman's notes.
  49. ^ Atkinson (1999), p. 111
  50. ^ Baker (1984), p. 357
  51. ^ Abraham (2008), p. 140
  52. ^ Jantzen, Franz (November 2015). "Urban Legend Department: McReynolds, Brandeis and the Myth of the 1924 Group Photograph". Journal of Supreme Court History. 40 (3): 325–333, esp. 327, 327. doi:10.1111/jsch.12085. S2CID 145392466. Retrieved January 27, 2022. See also the additional quoted content under this source, in Further reading
  53. ^ Letter from McReynolds to Taft, ca. February 1922, quoted in Mason (1964), pp. 216–217
  54. ^ "The difficulty is with me and me alone...I have absolutely refused to go through the bore of picture-taking again until there is a change in the Court, and maybe not even then."Letter from McReynolds to Taft, ca. March 1924, quoted in Mason (1964), p. 217
  55. ^ Liptak, Adam (December 10, 2018). "The Stories Behind the Supreme Court's Class Photos". The New York Times. Archived from the original on December 10, 2018. Retrieved December 10, 2018.
  56. ^ Wrightsman, Lawrence (April 16, 2008). Oral Arguments Before the Supreme Court: An Empirical Approach. Oxford University Press. p. 109. ISBN 9780199709434. Archived from the original on November 8, 2021. Retrieved November 23, 2019.
  57. ^ Knox (2002)
  58. ^ a b Pearson & Allen (1936), p. 226
  59. ^ Pearson & Allen (1936), p. 131
  60. ^ Burner (1969), pp. 2023–2024
  61. ^ a b c Douglas (1980), p. 13
  62. ^ Douglas (1980), p. 14
  63. ^ Pearson & Allen (1936), pp. 226–227
  64. ^ Bush (2010), p. 75
  65. ^ Bush (2010), p. 110
  66. ^ Christensen, George A. (1983). "Here Lies the Supreme Court: Gravesites of the Justices". Journal of the Supreme Court Historical Society. Archived from the original on September 3, 2005. at Wayback Machine.
  67. ^ Christian Science Monitor, August 27, 1946, p. 16.
  68. ^ Bush (2010), p. 238
  69. ^ "Inventory of the Papers of Justice James Clark McReynolds 1819–1967". Collection Number Mss 85-1, A Collection in The Arthur J. Morris Law Library, Special Collections. University of Virginia. Archived from the original on March 1, 2012. Retrieved March 19, 2012.
  70. ^ Location of Papers, 6th Circuit United States Court of Appeals. Archived 2010-05-27 at the Wayback Machine
  71. ^ "Federal Judicial Center, James Clark McReynolds Resources". Archived from the original on 2010-05-30. Retrieved 2010-04-11.

BibliographyEdit

  • Abraham, Henry J. (1999). Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Clinton. Lanham, MD: Rowman & Littlefield. ISBN 0-8476-9604-9.
  • Abraham, Henry J. (2008). Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II (5th ed.). Lanham, MD: Rowman & Littlefield. ISBN 978-0-7425-5894-6.
  • Atkinson, David (1999). Leaving the Bench: Supreme Court Justices at the End. University Press of Kansas. ISBN 978-0-7006-1058-7.
  • Baker, Leonard (1984). Brandeis and Frankfurter: A Dual Biography. New York: Harper Collins. ISBN 0-06-015245-1.
  • Ball, Howard (2006). Hugo L. Black: Cold Steel Warrior. Oxford University Press. ISBN 0-19-507814-4.
  • Baker, Liva (1991). The Justice from Beacon Hill: the Life and Times of Oliver Wendell Holmes. New York: Harper Collins. ISBN 0-06-016629-0.
  • Bickel, Alexander C.; Schmidt, Benno C. Jr (1985). The Judiciary and Responsible Government 1910–21. History of the Supreme Court of the United States. Vol. 8. New York: Macmillan Publishing Company.
  • Burner, David (1969). "James C. McReynolds". In Friedman, Leon; Israel, Fred (eds.). The Justices of the United States Supreme Court 1789–1969: Their Lives and Major Opinions. New York: Chelsea House Publishers. ISBN 978-0-8352-0217-6.
  • Bush, Ann McReynolds (2010). Executive Disorder: The Subversion of the United States Supreme Court, 1914–1940. Cornelia Wendell Bush. ISBN 9781453652640.
  • Douglas, William O. (1980). The Court Years 1939–1975: The Autobiography of William O. Douglas. New York: Random House. ISBN 0-394-49240-4.
  • Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. Oxford, UK: Oxford University Press. ISBN 0-19-505835-6.
  • Hall, Kermit L. (2005). "McReynolds, James Clark". The Oxford Companion to the Supreme Court of the United States. Oxford, UK: Oxford University Press. ISBN 978-0-641-99779-2.
  • Jones, Calvin P. (1983). "Kentucky's irascible conservative: Supreme Court Justice James Clark McReynolds". Filson Club History Quarterly. 57: 20–30.
  • Kaufman, Andrew L. (1998). Cardozo. Harvard University Press. ISBN 0-674-09645-2.
  • Knox, John (2002). The Forgotten Memoir of John Knox: a Year in the Life of a Supreme Court Clerk in FDR's Washington. Edited by Dennis J. Hutchinson & David J. Garrow. University of Chicago Press. ISBN 978-0-226-44862-6. Archived from the original on 2015-07-16. Retrieved 2015-07-22.
  • Mason, Alpheus Thomas (1964). William Howard Taft: Chief Justice. London: Oldbourne.
  • Pearson, Drew; Allen, Robert S. (1936). The Nine Old Men. New York: Doubleday, Doran, and Company, Inc.
  • Pringle, Henry F. (1939). The Life and Times of William Howard Taft: A Biography. Vol. 2. New York: Farrack and Rinehart, Inc.
  • Schlesinger, Arthur M., Jr. (1960). The Politics of Upheaval: 1935–1936, the Age of Roosevelt. Vol. 3. Boston: Houghton Mifflin.
  • Warner, Hoyt Landon (1959). The Life of Mr. Justice Clarke. Cleveland, OH: Western Reserve University Press.

External linksEdit

Legal offices
Preceded by United States Attorney General
1913–1914
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Preceded by Associate Justice of the Supreme Court of the United States
1914–1941
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