The Warrin’ Court – a brief rewrite
Engaging Paraphrase of “The Court at War: FDR, His Justices, and the World They Made”
When I first heard about a new book on the Supreme Court during World War II, I was immediately intrigued. We’re currently experiencing a resurgence of interest in the last war that all Americans felt good about, with the popular show “Band of Brothers” back on Netflix. But what does this have to do with the nine robed gentlemen at the “marble palace” on One First Street? Sandra Day O’Connor wouldn’t arrive until 1981, and the first female clerk, Lucile Lomen, served in 1944-45. So, what’s the connection?
This book isn’t just about the military trial of German saboteurs or the infamous internment of Japanese Americans. It’s not solely focused on the Court’s rulings related to the war effort. Instead, “The Court at War” by Cliff Sloan offers a unique perspective on a nation at war, seen through the lens of the Supreme Court and the justices appointed by President Franklin Roosevelt. This book delves into the relationships between FDR and the justices, highlighting their loyalty to their patron.
The President’s Influence on the Court
FDR had a significant impact on the Supreme Court, having appointed seven of the nine justices by the time Pearl Harbor occurred. This book serves as a hagiography of Roosevelt, emphasizing the deep loyalty most of the justices had towards him. Justices like Felix Frankfurter, William O. Douglas, and Robert Jackson were closely connected to the president, both socially and professionally. Chief Justice Harlan F. Stone, however, felt uneasy about this close relationship and declined FDR’s request to head a study on rubber production for the war effort.
Author Cliff Sloan, a serious and accomplished man of the left, presents a president-centered approach, showcasing FDR as an icon. Sloan mildly criticizes FDR through the lens of the controversial “Korematsu” ruling but ultimately wishes for a Court that is deferential to progressive policy priorities, much like it was during the war.
The Court’s Transformation and Legacy
Prior to FDR’s presidency, the Court had rejected his ambitions due to the “Nine Old Men” who consistently voted against expansive federal power. However, FDR’s landslide re-election in 1936 allowed him to appoint new justices, eventually leading to a Court that aligned with his New Deal policies. The War Court, as it came to be known, consisted of justices who were eager to advance the Roosevelt agenda.
Despite their personal and professional conflicts, the War Court left a profound legacy. Sloan highlights its major impact in areas such as reproductive rights, voting rights, civil rights and liberties, and the constitutional authority of the political branches. Landmark cases like “Skinner v. Oklahoma,” “West Virginia v. Barnette,” and “Smith v. Allwright” played a crucial role in the development of constitutional law.
While Sloan takes a swipe at the Court’s contemporary incarnation, he acknowledges the cautionary tale of the Roosevelt Court—a story of excessive deference to the Executive Branch and its inflated claims of national security during times of severe national stress. Despite any criticisms, “The Court at War” offers valuable insights into this pivotal period in American history.
The Court at War: FDR, His Justices, and the World They Made
by Cliff Sloan
PublicAffairs, 512 pp., $32.50
Ilya Shapiro is the director of constitutional studies at the Manhattan Institute and author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court and the forthcoming Canceling Justice: The Illiberal Takeover of Legal Education (HarperCollins). He also writes the Shapiro’s Gavel newsletter on Substack.
What was the relationship like between President Franklin Roosevelt and the justices he appointed to the Supreme Court during the war?
During World War II, the Supreme Court underwent a transformation that would shape its legacy for decades to come. The wartime decisions made by the Court and its justices had a profound impact on American society and its perception of justice. ”The Court at War” explores this transformative period and sheds light on the world the justices helped create.
One of the key themes explored in the book is the Court’s role in the war effort. While it may be easy to imagine that the Court’s focus was solely on military trials and wartime policies, this book reveals a more nuanced perspective. The Court’s decisions went beyond the battlefield, influencing everything from the internment of Japanese Americans to the rights of German saboteurs.
What sets this book apart is its emphasis on the relationships between President Franklin Roosevelt and the justices he appointed. FDR’s influence on the Court cannot be understated, as he appointed a majority of its members. The book portrays FDR as a central figure, with justices like Felix Frankfurter and William O. Douglas having close ties to the president.
However, not all justices were comfortable with the president’s influence. Chief Justice Harlan F. Stone, for example, declined FDR’s request to lead a study on rubber production during the war. This tension between loyalty and independence is one of the intriguing dynamics explored in “The Court at War.”
Author Cliff Sloan provides an engaging and thought-provoking analysis of FDR’s impact on the Court. While describing himself as politically left-leaning, Sloan acknowledges the controversial nature of some of FDR’s decisions, such as the “Korematsu” ruling. Nevertheless, he expresses a desire for a Court that remains deferential to progressive policy priorities, much like it was during the war.
Ultimately, “The Court at War” presents a compelling narrative of a Court shaped by war and loyalty. It offers readers a fresh perspective on this pivotal period in American history, where the decisions of nine robed gentlemen helped shape the world we live in today. Whether you’re a history enthusiast or a legal scholar, this book is sure to captivate and enlighten.
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