Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American politician and jurist who served as the 9th
U.S. Secretary of Labor, an
Associate Justice of the Supreme Court of the United States
An associate justice of the Supreme Court of the United States is a Justice (title), justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the J ...
, and the 6th
United States Ambassador to the United Nations
The United States ambassador to the United Nations is the leader of the U.S. delegation, the United States Mission to the United Nations, U.S. Mission to the United Nations. The position is formally known as the Permanent representative to the U ...
.
Born in
Chicago
Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...
,
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
, Goldberg graduated from the
Northwestern University School of Law
The Northwestern University Pritzker School of Law (formerly known as Northwestern University School of Law from 1891 to 2015) is the law school of Northwestern University, a Private university, private research university. The law school is l ...
in 1930. He became a prominent labor attorney and helped arrange the merger of the
American Federation of Labor
The American Federation of Labor (A.F. of L.) was a national federation of labor unions in the United States that continues today as the AFL-CIO. It was founded in Columbus, Ohio, in 1886 by an alliance of craft unions eager to provide mutual ...
and the
Congress of Industrial Organizations
The Congress of Industrial Organizations (CIO) was a federation of Labor unions in the United States, unions that organized workers in industrial unionism, industrial unions in the United States and Canada from 1935 to 1955. Originally created in ...
. During
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, he served in the
Office of Strategic Services
The Office of Strategic Services (OSS) was the first intelligence agency of the United States, formed during World War II. The OSS was formed as an agency of the Joint Chiefs of Staff (JCS) to coordinate espionage activities behind enemy lines ...
, organizing European resistance to
Nazi Germany
Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...
. In 1961, President
John F. Kennedy
John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
appointed Goldberg as the Secretary of Labor. During
Vietnam
Vietnam, officially the Socialist Republic of Vietnam (SRV), is a country at the eastern edge of mainland Southeast Asia, with an area of about and a population of over 100 million, making it the world's List of countries and depende ...
, he served in the
Air Force Reserve
The Air Force Reserve Command (AFRC) is a major command (MAJCOM) of the United States Air Force, with its headquarters at Robins Air Force Base, Georgia. It is the federal Air Reserve Component (ARC) of the U.S. Air Force, consisting of commis ...
.
In 1962, Kennedy successfully nominated Goldberg to the Supreme Court to fill a vacancy created by the retirement of
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint.
Born in Vienna, Frankfurter im ...
. Goldberg aligned with the liberal bloc of justices and wrote the majority opinion in ''
Escobedo v. Illinois''. In 1965, Goldberg resigned from the bench to accept appointment by President
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), also known as LBJ, was the 36th president of the United States, serving from 1963 to 1969. He became president after the assassination of John F. Kennedy, under whom he had served a ...
as the Ambassador to the United Nations. In that role, he helped draft
UN Resolution 242 in the aftermath of the
Six-Day War
The Six-Day War, also known as the June War, 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab world, Arab states, primarily United Arab Republic, Egypt, Syria, and Jordan from 5 to 10June ...
. He ran for
governor of New York
The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ...
in
1970
Events
January
* January 1 – Unix time epoch reached at 00:00:00 UTC.
* January 5 – The 7.1 1970 Tonghai earthquake, Tonghai earthquake shakes Tonghai County, Yunnan province, China, with a maximum Mercalli intensity scale, Mercalli ...
but was defeated by
Nelson Rockefeller
Nelson Aldrich "Rocky" Rockefeller (July 8, 1908 – January 26, 1979) was the 41st vice president of the United States, serving from 1974 to 1977 under President Gerald Ford. He was also the 49th governor of New York, serving from 1959 to 197 ...
. After his defeat, he served as president of the
American Jewish Committee
The American Jewish Committee (AJC) is a civil rights group and Jewish advocacy group established on November 11, 1906. It is one of the oldest Jewish advocacy organizations and, according to ''The New York Times'', is "widely regarded as the wi ...
and continued to practice law.
Early life and education
Goldberg was born and raised on
West Side, Chicago
The West Side is one of the three major sections of the city of Chicago, Illinois, United States. The others are the North Side and South Side. The West Side contains communities that are of historical and cultural importance to the history an ...
, the youngest of eight children of Rebecca Perlstein and Joseph Goldberg,
Orthodox Jewish immigrants from the
Russian Empire
The Russian Empire was an empire that spanned most of northern Eurasia from its establishment in November 1721 until the proclamation of the Russian Republic in September 1917. At its height in the late 19th century, it covered about , roughl ...
. His paternal line derived from a
shtetl
or ( ; , ; Grammatical number#Overview, pl. ''shtetelekh'') is a Yiddish term for small towns with predominantly Ashkenazi Jews, Ashkenazi Jewish populations which Eastern European Jewry, existed in Eastern Europe before the Holocaust. The t ...
called Zenkhov, in
Ukraine
Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
, while his mother's family was from
Tetiev
Tetiiv (, ) or Tetiyev () is a city in Bila Tserkva Raion in the Kyiv Region in Ukraine. Tetiiv has a railway station on the Southwestern Railways Koziatyn - Zhashkiv line. It hosts the administration of Tetiiv urban hromada, one of the hromadas ...
. Goldberg's father, a produce peddler, died in 1916, forcing Goldberg's siblings to quit school and go to work to support the family. As the youngest child, Goldberg was allowed to continue school, but worked jobs on the side, including as a vendor at
Wrigley Field
Wrigley Field is a ballpark on the North Side, Chicago, North Side of Chicago, Illinois. It is the home ballpark of Major League Baseball's Chicago Cubs, one of the city's two MLB franchises. It first opened in 1914 as Weeghman Park for Charl ...
and as a library clerk, to help support his family. He was childhood friends with future professional boxer
Jackie Fields.
Goldberg attended classes and lectures at the
Hull House
Hull House was a settlement house in Chicago, Illinois, that was co-founded in 1889 by Jane Addams and Ellen Gates Starr. Located on the Near West Side of Chicago, Hull House, named after the original house's first owner Charles Jerald Hul ...
, which aimed to educate recent European immigrants.
He graduated from
Harrison Technical High School
Carter Henry Harrison Technical High School was a public 4–year high school located in the South Lawndale neighborhood of Chicago, Illinois.Alvarez, p. 88. Opened and operated by the Chicago Public Schools (CPS) district, Harrison was founded i ...
at the age of 16.
Goldberg's interest in the law was sparked by the noted murder trial in 1924 of
Leopold and Loeb
Nathan Freudenthal Leopold Jr. (November 19, 1904 – August 29, 1971) and Richard Albert Loeb (; June 11, 1905 – January 28, 1936), usually referred to collectively as Leopold and Loeb, were two American students at the University of Chicago ...
, two wealthy young Chicagoans who were spared the
death penalty
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
with the help of their high-powered
defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
attorney,
Clarence Darrow
Clarence Seward Darrow (; April 18, 1857 – March 13, 1938) was an American lawyer who became famous in the 19th century for high-profile representations of trade union causes, and in the 20th century for several criminal matters, including the ...
. Goldberg attended the trial while he was a high school senior.
Goldberg later pointed to the case as inspiration for his opposition to the death penalty on the bench, since he had seen how inequality of social status could lead to unfair application of the death penalty.
Jewish Supreme Court Justices
Louis Brandeis
Louis Dembitz Brandeis ( ; November 13, 1856 – October 5, 1941) was an American lawyer who served as an Associate Justice of the Supreme Court of the United States, associate justice on the Supreme Court of the United States from 1916 to ...
and
Benjamin Cardozo
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...
also served as inspiration to Goldberg from a young age.
Goldberg, who worked part time as a construction worker, took night courses at
Crane Junior College of the
City Colleges of Chicago
The City Colleges of Chicago is the public community college system of the Chicago area. Its colleges offer associate degrees, certificates, free courses for the GED, and free English as a second language (ESL) courses.
The City Colleges sys ...
and
DePaul University
DePaul University is a private university, private Catholic higher education, Catholic research university in Chicago, Illinois, United States. Founded by the Congregation of the Mission, Vincentians in 1898, the university takes its name from ...
. He later earned a
B.S.L. (''
magna cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
''; 1929) and
J.D. (1930) degrees from
Northwestern University
Northwestern University (NU) is a Private university, private research university in Evanston, Illinois, United States. Established in 1851 to serve the historic Northwest Territory, it is the oldest University charter, chartered university in ...
. Goldberg served as the Editor of the ''Illinois Law Review'' (now known as the
Northwestern Law Review) and helped Law Dean
John Henry Wigmore
John Henry Wigmore (1863–1943) was an American lawyer and legal scholar known for his expertise in the law of evidence and for his influential scholarship. Wigmore taught law at Keio University in Tokyo (1889–1892) before becoming the firs ...
write his third edition of the treatise on evidence.
Goldberg graduated from Northwestern law school in just 2.5 years and with the highest academic record ever at Northwestern. Being just 21-years-old, he was too young to pass the Illinois Bar.
However, he sued and successfully argued his own case to be admitted to the bar.
In 1931, Goldberg married
Dorothy Kurgans. They had one daughter, Barbara Goldberg Cramer, and one son, Robert M. Goldberg (an attorney in
Anchorage, Alaska
Anchorage, officially the Municipality of Anchorage, is the List of cities in Alaska, most populous city in the U.S. state of Alaska. With a population of 291,247 at the 2020 United States census, 2020 census, it contains nearly 40 percent of ...
). He was the uncle of prolific
blues rock
Blues rock is a fusion music genre, genre and form of rock music, rock and blues music that relies on the chords/scales and instrumental improvisation of blues. It is mostly an electric ensemble-style music with instrumentation similar to electri ...
keyboardist
Barry Goldberg.
Military Services
During World War II, Goldberg joined the
United States Army
The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
in 1942, wherein he served as a
captain
Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader or highest rank officer of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police depa ...
and later a
major
Major most commonly refers to:
* Major (rank), a military rank
* Academic major, an academic discipline to which an undergraduate student formally commits
* People named Major, including given names, surnames, nicknames
* Major and minor in musi ...
, and he served until the war ended in 1945. He wanted to join the Marines, but was not physically fit enough.
Goldberg served as well in an espionage group operated by the
Office of Strategic Services
The Office of Strategic Services (OSS) was the first intelligence agency of the United States, formed during World War II. The OSS was formed as an agency of the Joint Chiefs of Staff (JCS) to coordinate espionage activities behind enemy lines ...
, the precursor to the
CIA
The Central Intelligence Agency (CIA; ) is a civilian foreign intelligence service of the federal government of the United States tasked with advancing national security through collecting and analyzing intelligence from around the world and ...
,
[Edward B. Shils, "Arthur Goldberg: Proof of the American Dream"]
''Monthly Labor Review'', January 1997 serving as chief of the Labor Desk, an autonomous division of the American intelligence agency that was charged with the task of cultivating contacts and networks within the European underground labor movement during World War II. The
Jewish Telegraphic Agency
The Jewish Telegraphic Agency (JTA) is an international news agency and wire service that primarily covers Judaism- and Jewish-related topics and news. Described as the "Associated Press of the Jewish media", JTA serves Jewish and non-Jewish news ...
stated, "Goldberg's file notes that as both a civilian and a member of the Army, he supervised a section in the
Secret Intelligence Branch of OSS to maintain contact with labor groups and organizations regarded as potential resistance elements in enemy-occupied and enemy countries. He organized anti-Nazi European transportation workers into an extensive intelligence network."
During the
Vietnam War
The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
, Goldberg commissioned as a
colonel
Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), officer rank used in many countries. It is also used in some police forces and paramilitary organizations.
In the 17th, 18th, and 19th centuries, a colon ...
in the
Air Force Reserve
The Air Force Reserve Command (AFRC) is a major command (MAJCOM) of the United States Air Force, with its headquarters at Robins Air Force Base, Georgia. It is the federal Air Reserve Component (ARC) of the U.S. Air Force, consisting of commis ...
but resigned in 1964 to avoid any appearance of conflict of interest after his appointment to the U.S. Supreme Court.
Early legal career
Due to antisemitism, Goldberg was unable to work in Chicago's big law firms because they would not hire Jews. Instead, he started his legal career at Pritzger & Pritzger, a firm founded by German Jews.
However, he was uncomfortable with his work at Pritzger because the work mainly dealt with representing large businesses.
Goldberg's interest in labor law spiked at the start of
The Great Depression
The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank an ...
and in 1933 he left Pritzger to create his own boutique law firm, which was focused on labor law.
Goldberg joined the
National Lawyers Guild (NLG), a group that was advocating for
The New Deal, in the mid-1930s.
However, Goldberg, among others, resigned a few years later due to the NLG's growing association with the American Communist Party.
Goldberg became a prominent labor lawyer and represented striking Chicago newspaper workers on behalf of the
Congress of Industrial Organizations
The Congress of Industrial Organizations (CIO) was a federation of Labor unions in the United States, unions that organized workers in industrial unionism, industrial unions in the United States and Canada from 1935 to 1955. Originally created in ...
(CIO) in 1938. The strike went on for eight months and Goldberg spent almost everyday in court arguing on the worker's behalf. Eventually, the strike persuaded
William Randolph Hearst
William Randolph Hearst (; April 29, 1863 – August 14, 1951) was an American newspaper publisher and politician who developed the nation's largest newspaper chain and media company, Hearst Communications. His extravagant methods of yellow jou ...
to recognize the newspaper union.
Appointed general counsel to the CIO in 1948 to succeed
Lee Pressman
Lee Pressman (July 1, 1906 – November 20, 1969) was a labor attorney and earlier a US government functionary, publicly alleged in 1948 to have been a spy for Soviet intelligence during the mid-1930s (as a member of the Ware Group), following h ...
, Goldberg served as a negotiator and chief legal adviser in the merger of the
American Federation of Labor
The American Federation of Labor (A.F. of L.) was a national federation of labor unions in the United States that continues today as the AFL-CIO. It was founded in Columbus, Ohio, in 1886 by an alliance of craft unions eager to provide mutual ...
and CIO in 1955. AFL-CIO is one of the US major labor unions representing America's workers and labor. Goldberg also served as general counsel of the
United Steelworkers of America
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headqua ...
.
Political career
Goldberg was an active participant in the National Citizens Political Action Committee and the CIO Political Action Committee. He supported the presidential campaigns of
Franklin D. Roosevelt
Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
and
Harry Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th vice president in 1945, he assumed the presidency upon the death of Franklin D. Roosevelt that year. Subsequen ...
.
Goldberg initially supported Senator
Joseph McCarthy's efforts to investigate communism in the United States, but soon opposed those efforts after it became clear they threatened the organized labor movement.
In 1960, Goldberg wanted his friend
Adlai Stevenson Adlai Stevenson may refer to:
* Adlai Stevenson I
Adlai Ewing Stevenson (October 23, 1835 – June 14, 1914) was an American politician and diplomat who served as the 23rd vice president of the United States from 1893 to 1897 under President Gr ...
to run for president, but Stevenson encouraged Goldberg to back
Hubert Humphrey
Hubert Horatio Humphrey Jr. (May 27, 1911 – January 13, 1978) was an American politician who served from 1965 to 1969 as the 38th vice president of the United States. He twice served in the United States Senate, representing Minnesota from 19 ...
.
Instead, Goldberg backed Senator
John F. Kennedy
John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
.
Goldberg served as a labor advisor to Kennedy's campaign and was influential in getting unions to back Kennedy.
Kennedy administration
President
John F. Kennedy
John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
nominated Goldberg to be
United States Secretary of Labor, where he served from 1961 to 1962. He was the third Jew to be named to a Cabinet position.
Goldberg wanted to be named
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, so he would improve his chances of getting nominated to the Supreme Court, but that spot went to Kennedy's brother
Robert
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of ''Hrōþ, Hruod'' () "fame, glory, honour, prais ...
.
As Labor Secretary, Goldberg encouraged Kennedy to increase the minimum wage, extend unemployment benefits, create job opportunities for the youth and invest in economically distressed areas.
Following Goldberg's advice, Kennedy established the
President's Committee on Equal Employment Opportunity (PCEEO), which ensured employees are treated fairly regardless of "race, creed, color, or national origin."
Goldberg also championed the creation of the President's Advisory Committee on Labor-Management Policy.
Supreme Court
On August 31, 1962, Kennedy
nominated Goldberg as an
associate justice
An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
of the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
, to succeed
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint.
Born in Vienna, Frankfurter im ...
, who was retiring. Earlier that same year, Kennedy had considered nominating Goldberg to succeed
Charles Whittaker, but chose
Byron White
Byron Raymond "Whizzer" White (June 8, 1917 – April 15, 2002) was an American lawyer, jurist, and professional American football, football player who served as an Associate Justice of the U.S. Supreme Court, associate justice of the Supreme ...
instead. Frankfurter and Chief Justice
Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presid ...
were consulted by the President beforehand and both gave their full support.
He was confirmed by the U.S. Senate on September 25, and served on the Court from October 1, 1962, until July 25, 1965.
[ Only one Senator, ]Strom Thurmond
James Strom Thurmond Sr. (December 5, 1902 – June 26, 2003) was an American politician who represented South Carolina in the United States Senate from 1954 to 2003. Before his 49 years as a senator, he served as the 103rd governor of South ...
from South Carolina, opposed his nomination. During his tenure, the seat Goldberg occupied on the Court came to be informally known as the " Jewish seat", as his two immediate predecessors—Frankfurter and, before him, Benjamin Cardozo
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...
—were also Jewish. In more recent times, more than one justice of Jewish descent have served on the Court simultaneously. For example, the Supreme Court careers of Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; Bader; March 15, 1933 – September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until Death and state funeral of Ruth Bader ...
, Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
, and Elena Kagan
Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
overlapped.
, Goldberg is the last Cabinet official to have also served on the Supreme Court.
Despite his short time on the bench, Goldberg played a significant role in the Court's jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
. Replacing Justice Felix Frankfurter, who was a center-right Justice, Goldberg's liberal views on constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these princ ...
questions shifted the Court's balance toward a broader construction of constitutional rights. A self-described judicial activist, Goldberg voted for a liberal outcome in 89 percent of cases before the Court.
His best-known opinion came in his concurrence of ''Griswold v. Connecticut
''Griswold v. Connecticut'', 381 U.S. 479 (1965), is a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to use contraceptives without gove ...
'' (1965), arguing that the Ninth Amendment supported the existence of an unenumerated right of privacy. He argued that to determine if a right is a fundamental right, the court should look to whether the right involved is of such a character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all America's civil and political institutions.
Perhaps Goldberg's most influential move on the Court involved the death penalty. Goldberg argued in a 1963 internal Supreme Court memorandum
A memorandum (: memorandums or memoranda; from the Latin ''memorandum'', "(that) which is to be remembered"), also known as a briefing note, is a Writing, written message that is typically used in a professional setting. Commonly abbreviation, ...
that imposition of the death penalty was condemned by the international community and should be regarded as "cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
," in contravention of the Eighth Amendment. Finding support in this position from two other justices ( William J. Brennan and William O. Douglas
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1939 to 1975. Douglas was known for his strong progressive and civil libertari ...
), Goldberg published an opinion dissenting from the Court's denial of certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
in a case, ''Rudolph v. Alabama'', involving the imposition of the death penalty for rape, in which Goldberg cited the fact that only five nations responding to a UN survey indicated that they allowed imposition of the death penalty for rape, including the U.S., and that 33 states in the U.S. had outlawed the practice.
Goldberg's dissent sent a signal to lawyers across the nation to challenge the constitutionality of capital punishment in appeals. As a result of the influx of appeals, the death penalty effectively ceased to exist in the United States for the remainder of the 1960s and 1970s, and the Supreme Court considered the issue in the 1972 case of ''Furman v. Georgia
''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and const ...
'', where the Justices, in a 5 to 4 decision, effectively suspended the death penalty laws of states across the country on the ground of the capricious imposition of the penalty. That decision would be revisited in ''Gregg v. Georgia
''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the ...
'' (1976), where the justices voted to allow the death penalty under some circumstances; the death penalty for rape of an adult female victim, however, would be struck down in '' Coker v. Georgia'' (1977). In 2008, the death penalty for rape of children was ruled unconstitutional by a 5 to 4 decision ('' Kennedy v. Louisiana''). Writing for ''The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', Adam Liptak
Adam Liptak (born September 2, 1960) is an American journalist, lawyer and instructor in law and journalism. He is the Supreme Court correspondent for ''The New York Times''.
Liptak has written for ''The New Yorker'', '' Vanity Fair'', ''Rolling ...
said that Goldberg's dissent helped "create the modern movement for the abolition of the death penalty."
Goldberg also wrote the majority opinions in '' Escobedo v. Illinois'', which provided criminal defendants the right to counsel during interrogation under the Sixth Amendment and '' Kennedy v. Mendoza-Martinez'', which declared unconstitutional parts of the Immigration and Nationality Act of 1952 that revoked citizenship for those that had fled the country in order to dodge the draft.
Despite Goldberg's short tenure on the court, a number of his law clerk
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
s have gone on to become deeply influential. Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
later became an Associate Justice of the Supreme Court and he held Goldberg's seat on the Court from 1994 until 2022. Another of Goldberg's law clerks was Harvard law professor Alan Dershowitz
Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and law professor known for his work in U.S. constitutional law, U.S. constitutional and American criminal law, criminal law. From 1964 to 2013, he taught at Harvard Law Sc ...
. Since other justices would be unlikely to hire a Jewish clerk, Goldberg emphasized hiring Jewish clerks. Six out of eight of his law clerks were Jewish.
UN ambassador
In 1965, Goldberg was persuaded by Johnson to resign his seat on the court to replace the recently deceased Adlai Stevenson II
Adlai Ewing Stevenson II (; February 5, 1900 – July 14, 1965) was an American politician and diplomat who was the United States ambassador to the United Nations from 1961 until his death in 1965. He previously served as the 31st governor of Ill ...
as the U.S. ambassador to the United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
(UN). Johnson wanted to appoint his friend, Abe Fortas
Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rho ...
, to the court. If any of his Great Society
The Great Society was a series of domestic programs enacted by President Lyndon B. Johnson in the United States between 1964 and 1968, aimed at eliminating poverty, reducing racial injustice, and expanding social welfare in the country. Johnso ...
reforms were going to be deemed unconstitutional by the Court, he thought that Fortas would notify him in advance. Goldberg, who had declined an earlier offer to leave his position to be Secretary of Health, Education and Welfare, took Johnson's offer of the UN ambassadorship when Johnson discussed it with him on Air Force One
Air Force One is the official air traffic control-designated Aviation call signs, call sign for a United States Air Force aircraft carrying the president of the United States. The term is commonly used to denote U.S. Air Force aircraft modifie ...
to Illinois for Stevenson's funeral. Goldberg was promised by Johnson that he would be a member of the President's cabinet and would be involved in all decisions involving ending the Vietnam War. Bruce Allen Murphy, a professor at Lafayette College
Lafayette College is a private college, private Liberal arts colleges in the United States, liberal arts college in Easton, Pennsylvania. Founded in 1826 by James Madison Porter and other citizens in Easton, the college first held classes in 18 ...
, wrote in one of his books that Johnson also told Goldberg that he would consider putting him on his ticket as vice president in the 1968 United States presidential election
Presidential elections were held in the United States on November 5, 1968. The Republican ticket of former vice president Richard Nixon and Maryland governor Spiro Agnew, defeated both the Democratic ticket of incumbent vice president Huber ...
.
Goldberg wrote that he resigned to have influence in keeping the peace in Vietnam
Vietnam, officially the Socialist Republic of Vietnam (SRV), is a country at the eastern edge of mainland Southeast Asia, with an area of about and a population of over 100 million, making it the world's List of countries and depende ...
and that after the crisis had passed, he expected he would be reappointed to the Supreme Court by Johnson to replace the retiring Chief Justice Earl Warren. He also said, "I had an exaggerated opinion of my capacities. I thought I could persuade Johnson that we were fighting the wrong war in the wrong place ndto get out."
David Stebenne, Goldberg's biographer, adds, "Many observers, then and later, found this answer hard to accept." He suggests, "Johnson must have had some influence over Goldberg that induced him o resign from the Supreme Court" ''Time
Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' reported in 1962 that Johnson knew that for a party thrown in Johnson's honor that year, a Goldberg aide, Jerry Holleman, solicited contributions from wealthy supporters of Johnson, including Billy Sol Estes. Holleman accepted responsibility and there was no public awareness of Goldberg and Johnson's involvement.
Johnson said of the Goldberg decision in his later-released audio tapes:
Goldberg chose to retain only one of Stevenson's aides, US Ambassador Charles W. Yost, a career Foreign Service Office who was able to help Goldberg navigate the intricacies of United Nations procedures, and foreign affairs debates in the Security Council. While serving as UN Ambassador, Goldberg was successful at brokering peace between Greece and Turkey during the Cyprus crisis of 1967 and helped diplomatically resolve a conflict between North Korea
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korea, Korean Peninsula and borders China and Russia to the north at the Yalu River, Yalu (Amnok) an ...
and the United States following the 1968 Pueblo incident.
Resolution 242
In 1967, Goldberg was a key drafter of Resolution 242
United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six-Day War. It was adopted under Chapter VI of the United Nations Charter, Chapter VI of ...
, which followed the 1967 Six-Day War
The Six-Day War, also known as the June War, 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab world, Arab states, primarily United Arab Republic, Egypt, Syria, and Jordan from 5 to 10June ...
between Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
and the Arab states
The Arab world ( '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, comprises a large group of countries, mainly located in West Asia and North Africa. While the majority of people in ...
. While interpretation of that resolution has subsequently become controversial, Goldberg was very clear that the resolution does not obligate Israel to withdraw from all of the captured territories. He stated that:
Goldberg's role as the UN ambassador during the Six-Day War may have been the reason why Sirhan Sirhan
Sirhan Bishara Sirhan (; ; born March 19, 1944) is a Palestinian-Jordanian man who assassinated Senator Robert F. Kennedy, a younger brother of American president John F. Kennedy and a candidate for the Democratic nomination in the 1968 U ...
, the assassin of Robert F. Kennedy, also wanted to assassinate Goldberg.
Subsequent career
Frustrated with the war in Vietnam, Goldberg resigned from the ambassadorship in 1968 and accepted a senior partnership with the New York law firm Paul, Weiss, Rifkind, Wharton & Garrison. Longing to return to the bench, Goldberg later claimed that he was Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presid ...
's preference to succeed him when the chief justice announced his retirement in 1968, but President Johnson selected Abe Fortas
Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rho ...
instead. After Fortas's nomination was withdrawn in the face of Senate opposition, Johnson briefly considered naming Goldberg chief justice as a recess appointment
In the United States, a recess appointment is an appointment by the President of the United States, president of a Officer of the United States, federal official when the United States Senate, U.S. Senate is in Recess (motion), recess. Under the ...
before ruling out the idea. On 15 October 1969, Goldberg was a featured speaker at the Moratorium to End the War in Vietnam march.
With the prospect of a return to the Supreme Court closed to him by the election of Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
, Goldberg contemplated a run for elected office. Initially considering a challenge to Charles Goodell's reelection to the United States Senate, he decided to run against New York Governor
The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ha ...
Nelson Rockefeller
Nelson Aldrich "Rocky" Rockefeller (July 8, 1908 – January 26, 1979) was the 41st vice president of the United States, serving from 1974 to 1977 under President Gerald Ford. He was also the 49th governor of New York, serving from 1959 to 197 ...
in 1970
Events
January
* January 1 – Unix time epoch reached at 00:00:00 UTC.
* January 5 – The 7.1 1970 Tonghai earthquake, Tonghai earthquake shakes Tonghai County, Yunnan province, China, with a maximum Mercalli intensity scale, Mercalli ...
. Though the former justice initially polled well, his campaign was unsuccessful. Goldberg faced accusations of being a "carpetbagger" by the New York media and he faced a contested Democratic primary campaign against Howard J. Samuels. Although Goldberg won the Democratic primary, his poor skills as a campaigner and lack of knowledge about New York (while campaigning in Manhattan, he mistakenly claimed that he was in Brooklyn), coupled with Rockefeller's formidable advantages, resulted in a 700,000 vote margin of victory for the incumbent Republican. At one point in the campaign, Goldberg told a voter, who commented that he wished he was still on the Court "so do I, sometimes." Basil Paterson
Basil Alexander Paterson (April 27, 1926 – April 16, 2014) was an American labor lawyer and politician. He served in the New York State Senate from 1966 to 1971 and as secretary of state of New York under Governor Hugh Carey from 1979 to 1983. ...
was his running mate as Lt. Governor. Paterson's son, David
David (; , "beloved one") was a king of ancient Israel and Judah and the third king of the United Monarchy, according to the Hebrew Bible and Old Testament.
The Tel Dan stele, an Aramaic-inscribed stone erected by a king of Aram-Dam ...
, later became Governor in 2008.
After his defeat, Goldberg returned to law practice in Washington, D.C., and served as President of the American Jewish Committee
The American Jewish Committee (AJC) is a civil rights group and Jewish advocacy group established on November 11, 1906. It is one of the oldest Jewish advocacy organizations and, according to ''The New York Times'', is "widely regarded as the wi ...
. In 1972, Goldberg returned to the Supreme Court as a lawyer, representing Curt Flood
Curtis Charles Flood Sr. (January 18, 1938 – January 20, 1997) was an American professional baseball center fielder and activist. He played 15 seasons in Major League Baseball (MLB) for the Cincinnati Redlegs, St. Louis Cardinals, and Washin ...
in '' Flood v. Kuhn''. His oral argument was referred to by one observer as "one of the worst arguments I'd ever heard – by one of the smartest men I've ever known..." Under President Jimmy Carter
James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
, Goldberg served as United States Ambassador to the Belgrade Conference on Human Rights in 1977, and was awarded the Presidential Medal of Freedom
The Presidential Medal of Freedom is the highest civilian award of the United States, alongside the Congressional Gold Medal. It is an award bestowed by decision of the president of the United States to "any person recommended to the President ...
in 1978.
Goldberg was a member of the Council on Foreign Relations
The Council on Foreign Relations (CFR) is an American think tank focused on Foreign policy of the United States, U.S. foreign policy and international relations. Founded in 1921, it is an independent and nonpartisan 501(c)(3) nonprofit organi ...
from 1966 until 1989.
Goldberg died in 1990. As a former member of the U.S. Army
The United States Army (USA) is the primary land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of the United Stat ...
he was buried at Arlington National Cemetery
Arlington National Cemetery is the largest cemetery in the United States National Cemetery System, one of two maintained by the United States Army. More than 400,000 people are buried in its 639 acres (259 ha) in Arlington County, Virginia.
...
in Virginia
Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
.
See also
* Demographics of the Supreme Court of the United States
* John F. Kennedy Supreme Court candidates
* List of Jewish American jurists
This is a list of notable Jewish American jurists. For other famous Jewish Americans, see Lists of American Jews.
Supreme Court of the United States
United States courts of appeals
United States district courts
* Ronnie Abrams, J ...
* List of Jewish United States Cabinet members
The Cabinet of the United States, which is the principal advisory body to the President of the United States, has had 47 American Jews, Jewish American members altogether. Of that number, 27 different Jewish American individuals held a total of ...
* List of justices of the Supreme Court of the United States
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of ...
* List of law clerks of the Supreme Court of the United States (Seat 2)
* List of United States Supreme Court justices by time in office
A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, meaning that they serve until they die, resig ...
* United States Supreme Court cases during the Warren Court
References
Further reading
*
*
*
* Goldberg, Arthur J. ''AFL-CIO: Labor United.'' New York: McGraw-Hill, 1956.
* Goldberg, Arthur J. ''Equal Justice: The Supreme Court in the Warren Era.'' Chicago: Northwestern University Press
Northwestern University Press is an American publishing house affiliated with Northwestern University in Evanston, Illinois. It publishes 70 new titles each year in the areas of continental philosophy, poetry, Slavic and German literary criticis ...
, 1971.
* Goldberg, Arthur J. ''The Defenses of Freedom: The Public Papers of Arthur J. Goldberg.'' Daniel Patrick Moynihan, ed. 1st ed. New York: Harper & Row, 1966.
*
*
*
* Paterson, David ''" Black, Blind, & In Charge: A Story of Visionary Leadership and Overcoming Adversity."''Skyhorse Publishing. New York, New York, 2020
*
*
External links
JFK to Secretary of Labor, Arthur Goldberg: Missile and Space Programs - End Labor Delays, 1961
Shapell Manuscript Foundation
*
Oyez, U.S. Supreme Court media, Arthur J. Goldberg.
*
*
*Arthur Goldberg's FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
files, hosted at the Internet Archive
The Internet Archive is an American 501(c)(3) organization, non-profit organization founded in 1996 by Brewster Kahle that runs a digital library website, archive.org. It provides free access to collections of digitized media including web ...
:
Part 1
Part 2
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{{DEFAULTSORT:Goldberg, Arthur J.
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