Taft Court

Taft Court

Established 1921
Dissolved 1930
Country United States
Location Old Senate Chamber
Washington, D.C.
Number of positions 9

The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft is the only person to serve as both President of the United States and Chief Justice. The Taft Court continued the Lochner era and largely reflected the conservatism 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 the Judiciary Act of 1925 instituted the requirement that almost all cases receive a writ of certiorari from four justices before appearing before the Supreme Court.[2]

Membership

The Taft Court began in 1921 when President Warren Harding appointed former President William Howard Taft to replace Chief Justice Edward Douglass White, who Taft himself had made Chief Justice in 1910. The Taft Court began with Taft and eight members of the White Court: Joseph McKenna, Oliver Wendell Holmes, Jr., William R. Day, Willis Van Devanter, Mahlon Pitney, James Clark McReynolds, Louis Brandeis, and John Hessin Clarke. In 1922 and 1923, Harding appointed George Sutherland, Pierce Butler, and Edward Terry Sanford to replace Day, Pitney, and Clarke. In 1925, President Calvin Coolidge appointed Harlan F. Stone to replace the retiring McKenna.

Harlan F. Stone Edward Terry Sanford Pierce Butler (justice) George Sutherland John Hessin Clarke Louis Brandeis James Clark McReynolds Mahlon Pitney Willis Van Devanter William R. Day Oliver Wendell Holmes, Jr. Joseph McKenna William Howard Taft

Chief Justice Associate Justice

Rulings of the Court

Judicial philosophy

The Taft Court struck down numerous economic regulations in defense of a laissez 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 the dormant 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 to criminal 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 down progressive 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] McKenna was the lone centrist judge following the retirements of Pitney and Day, though McKenna became more conservative as he neared retirement.[5] In 1925, President Calvin Coolidge appointed Attorney General Harlan F. Stone to replace McKenna, and Stone surprised many by aligning with Holmes and Brandeis.[9]

References

  1. Renstrom, Peter (2003). The Taft Court: Justices, Rulings, and Legacy. ABC-CLIO. pp. 3–4. Retrieved 4 March 2016.
  2. Galloway, Jr., Russell Wl (1 January 1985). "The Taft Court (1921-29)". Santa Clara Law Review. 25 (1): 21–22. Retrieved 4 March 2016.
  3. Galloway, Jr., 12
  4. Galloway, Jr., 19
  5. 1 2 3 4 Galloway, Jr., 1-4
  6. Post, Robert (2002). "FEDERALISM IN THE TAFT COURT ERA: CAN IT BE "REVIVED"?". Duke Law Journal. 51 (5): 1606–1608. Retrieved 4 March 2016.
  7. Galloway, Jr., 47-48
  8. Galloway, Jr., 12-13
  9. Galloway, Jr., 16-17
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