Customer Reviews

Salt of the Earth, Conscience of the Court: The Story of Justice Wiley Rutledge

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At long last, thanks to Judge Ferren, we have a complete biography of Justice Wiley Rutledge. While Rutledge is not much remembered today, and his tenure on the Supreme Court was relatively brief (1943-49), his significance merits more attention than he has received. Judge Ferren employs a completely different approach than the only other biography of the Justice, Harper's "Justice Rutledge and the Bright Constellation" (1965). Harper focused almost exclusively upon Justice Rutledge's decisions. Judge Ferren does not get Rutledge on the court until page 222 (out of 548). While one might conclude that perhaps too much detail occupies the pre-Court discussion, I can't think of another judicial biography that so effectively affords one a feeling of becoming so intimately familiar with its subject. This initial section is particularly effective in discussing the political maneuvering that accompanied filling several vacancies on the Court, including Rutledge's. The book's central focus, Rutledge on the Court, is very well developed. Judge Ferren not only brings his own insight into the judicial process to his analysis, but discusses some unique aspects as well, such as Rutledge's habit of asking trusted law faculty members their opinions on issues before the court, and Rutledge's exhaustive preparation for writing opinions. The book also adds to our understanding of the personal interplay in that most bombastic of Supreme Courts, that chaired by Chief Justice Stone. Interspersed with the discussion of Court cases is additional biographical material relating to the Justice. Finally, the underlying research is simply awesome--truly a labor of love. While it is a very long book, if you are interested in Justice Rutledge or his period on the Court, it makes for indispensable reading.

As the folks at Amazon could tell you, I read many novels and very few biographies. I am a corporate lawyer, and have not practiced constitutional law since I clerked for Judge Ferren, the author of this Rutledge bio, more than 20 years ago. I picked up this book because of my connection to the author, but I stuck with it for other reasons. First, the writing is elegant and precise; it is a very readable book. The book tells the story of a good man (and very good lawyer/dean/judge) who is concerned with doing his job right, respected others, was respected by others in return, and achieved great things -- what an encouraging, uncynical story! (Not dissimilar to the author's own story, a fact that creates an extra richness of texture in this book, especially in its descriptions of the life of an appellate judge.) In addition, the constitutional issues that the Court dealt with during WWII and the immediate post-war era remain fascinating -- and very timely. These issues are made understandable to nonexperts without being oversimplified. I learned a lot, and greatly enjoyed the process.

For anyone with an interest in law or history this is a great read. Justice Rutledge was my grandfather's first cousin -- thus the initial reason I bought the book. Unfortunately the dust jacket was crinkled upon arrival so I'll have to send it back for a new copy.