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Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices Paperback – October 3, 2011
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As a conservative Supreme Court flexes its muscles against a Democratic president for the first time since the New Deal, a series of recent books has explored the constitutional battles of the Roosevelt era and their contemporary relevance. Harvard law professor Feldman's Scorpions focuses more on the battles of the 1940s and 1950s, and it is distinguished by its thesis that the "distinctive constitutional theories" of Roosevelt's four greatest justices, all of whom began as New Deal liberals--Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson--have continued to "cover the whole field of constitutional thought" up to the present day. Feldman argues that Black, the liberal originalist; Douglas, the activist libertarian; Frankfurter, the advocate of strenuous judicial deference; and Jackson, the pragmatist; achieved greatness by developing four unique constitutional approaches, which reflected their own personalities and worldviews, although they were able to converge on common ground in Brown v. Board of Education, which Feldman calls the last and greatest act of the Roosevelt Court. The pleasure of this book comes from Feldman's skill as a narrator of intellectual history. With confidence and an eye for telling details, he relates the story of the backstage deliberations that contributed to the landmark decisions of the Roosevelt Court, including not only Brown but also cases involving the internment of Japanese-Americans, the trial of the German saboteurs, and President Truman's seizure of the steel mills to avoid a strike. Combining the critical judgments of a legal scholar with political and narrative insight, Feldman is especially good in describing how the clashing personalities and philosophies of his four protagonists were reflected in their negotiations and final opinions; his concise accounts of Brown and the steel seizure case, for example, are memorable. And he describes how the rivalries and personality clashes among the four liberal allies eventually drove them apart: Hugo Black's determination to take revenge on those who offended his Southern sense of honor led him to retaliate not only against Jackson and Chief Justice Harlan Fiske Stone but also against the racist Southerners who had disclosed his former Ku Klux Klan membership to the press. Not all readers will be convinced by Feldman's thesis that the judicial philosophies of the Roosevelt justices continue to define the Court's terms of debate today: on the left and the right, there are, for example, no advocates of Frankfurter's near-complete judicial abstinence or of Douglas's romantic libertarian activism. And in the political arena, the constitutional debates of the 1940s and '50s seem less relevant today than those of the Progressive era, when liberals first attacked the conservative Court as pro-business, and conservatives insisted that only the Court could defend liberty in the face of an out-of-control regulatory state. But Feldman does not try to make too much of the contemporary relevance of the battles he describes: this is a first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life. Reviewed by Jeffrey Rosen, a law professor at George Washington University, is the author of The Supreme Court: The Personalities and Rivalries That Defined America.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. --This text refers to an out of print or unavailable edition of this title.
After the court-packing fiasco of 1937 (FDR v. the Constitution, 2009, by Burt Solomon), Supreme Court vacancies gave FDR his opportunities to install liberals on the tribunal. What happened next propels Feldman’s narrative, which centers on four of the president’s picks: Hugo Black, Felix Frankfurter, William O. Douglas, and Robert Jackson. New Deal credentials each may have had, but once in robes, each adopted divergent approaches to judging. By so personifying competing modes of constitutional interpretation, Feldman, a law professor, elevates the story from specialty to general interest and, to boot, embroiders technicalities about original intent and the like with animosities that roiled the quartet. Jackson loathed Black; Frankfurter thought Black a legal incompetent; and Douglas’ presidential ambition alienated his colleagues, as did Douglas’ results-driven way of deciding cases. Taking readers into the conference room, Feldman shows this unpolished side of the Supreme Court in cases of the 1940s, culminating in his account about how Frankfurter achieved unanimity in the landmark desegregation case of Brown v. Board of Education. The interpersonal factor in court politics is knowledgeably displayed in Feldman’s intriguing account. --Gilbert Taylor --This text refers to an out of print or unavailable edition of this title.
Top customer reviews
I note that one reviewer - who gave the book a 2 star rating - said that he found it dry and it took him months to read. I, on the other hand found it exciting and interesting and finished it within a week.
For those who have an interest in FDR and the Supreme Court, this book is extremely readable. It has an excellent bibliography that leads you to other books on the justices, which I intend to read eventually. Feldman's depictions of the justices make them come alive - warts and all. He explains their judicial philosophy in a way that lawyers and non lawyers - students of constitutional history and non students can understand.
Feldman makes the point that the legacy of a president lives on in his Supreme Court appointments. He shows how the court changed for the decades of these justices and how their decisions changed America.
I would point out one difference of opinion that I have with the author. He says on page 398 that Eisenhower promised Warren the position of Chief Justice in exchange for his support for the presidency. My research has shown that Warren anticipated a position on the ticket with Ike in 1952 but was out maneuvered by his fellow Californian Richard Nixon. In exchange for Warren's support, Ike promised him the first seat on the Supreme Court. In anticipation of an appointment to the Court, Ike had appointed Warren to the position of solicitor general. However, Warren had not had an opportunity to take office, before the untimely death of Chief Justice Vinson. Ike's only promise to Warren was the next seat on the court and fate made the next seat that of the Chief Justice.
There is some authority that Ike offered the position of Chief Justice to John Foster Dulles, but Dulles turned him down, wanting to stay in the State Department.
It's also interesting to note how political the justices were. Most had not been judges before their appointments and Jackson, Black and Douglas were on the fringes of presidential politics for most of their terms. By today standards, when candidates for the Supreme Court are judged on their judicial record and writings, justices who came directly from the senate or cabinet positions seem totally out of line. These justices were far more political figures at the time of their appointments then current candidates.
For students of the history of the Supreme Court, this book is a must read!
Feldman is an excellent writer, and I detected not one editing flaw, either. I especially appreciated the way he explored the inner- and hidden motivations and agendas that drove the main characters in this otherwise entertaining tale.