Justice Frankfurter
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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 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 ...
from 1939 until 1962, advocating
judicial restraint Judicial restraint is a judicial interpretation that recommends favoring the ''status quo'' in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of '' stare decisis'' (that new de ...
. Born in Vienna, Frankfurter immigrated with his family to New York City at age 12. He graduated from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
and worked for
Henry L. Stimson Henry Lewis Stimson (September 21, 1867 – October 20, 1950) was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and Demo ...
, the U.S. Secretary of War. Frankfurter served as Judge Advocate General during
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
. Afterward, he returned to Harvard and helped found the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
. He later became a friend and adviser of President
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 ...
. After
Benjamin N. 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 ...
died in 1938, Roosevelt nominated Frankfurter to the Supreme Court. Given his affiliations and alleged radicalism, the Senate confirmed Frankfurter's appointment only after its Judiciary Committee required him to testify in 1939, a practice that became routine in the 1950s. His relations with colleagues were strained by ideological and personal differences, likely exacerbated by some
antisemitism Antisemitism or Jew-hatred is hostility to, prejudice towards, or discrimination against Jews. A person who harbours it is called an antisemite. Whether antisemitism is considered a form of racism depends on the school of thought. Antisemi ...
. His restraint was first seen as relatively liberal, as conservative justices had used the derogation canon and
plain meaning rule The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the " mischief rule" and the "golden rule". The plain meaning rule dictates that ...
against Progressive economic legislation during the 1897–1937
Lochner era The ''Lochner'' era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's o ...
. It became seen as somewhat conservative in
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
dissents as the Court moved left. His dissent in ''
West Virginia State Board of Education v. Barnette ''West Virginia State Board of Education v. Barnette'', 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the P ...
'' (1943) refers to his minority-group background as immaterial and was prompted by the new majority's repudiation of ''
Minersville School District v. Gobitis ''Minersville School District v. Gobitis'', 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The ...
'' (1940), in which he had penned the restrained majority opinion. In 1948, he hired William Thaddeus Coleman Jr., the first Black law clerk at the Court, though in 1960 Frankfurter declined to hire
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 ...
, citing
gender role A gender role, or sex role, is a social norm deemed appropriate or desirable for individuals based on their gender or sex. Gender roles are usually centered on conceptions of masculinity and femininity. The specifics regarding these gendered ...
s. In ''
Brown II ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court that ruled that U.S. state s ...
'' (1955), he suggested the phrase "all deliberate speed" to endorse gradual
racial integration Racial integration, or simply integration, includes desegregation (the process of ending systematic racial segregation), leveling barriers to association, creating equal opportunity regardless of Race (classification of human beings), race, and t ...
. He held that redistricting was
nonjusticiable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a par ...
in ''
Colegrove v. Green ''Colegrove v. Green'', 328 U.S. 549 (1946), was a United States Supreme Court case. Writing for a 4–3 plurality, Justice Felix Frankfurter held that the federal judiciary had no power to interfere with malapportioned Congressional districts.. ...
'' (1946) and ''
Baker v. Carr ''Baker v. Carr'', 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment's equal protection clause, thus enabling fed ...
'' (1962), and his majority opinion in '' Gomillion v. Lightfoot'' (1960) only upheld review under the Fifteenth Amendment. Frankfurter's other decisions include the majority opinion in '' Beauharnais v. Illinois'' (1952) and dissents in '' Glasser v. United States'' (1942) and '' Trop v. Dulles'' (1958). He retired after a 1962 stroke, replaced with
Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American politician and jurist who served as the 9th United States Secretary of Labor, U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and t ...
.


Early life and education

Frankfurter was born into an
Ashkenazi Jewish Ashkenazi Jews ( ; also known as Ashkenazic Jews or Ashkenazim) form a distinct subgroup of the Jewish diaspora, that Ethnogenesis, emerged in the Holy Roman Empire around the end of the first millennium Common era, CE. They traditionally spe ...
family on November 15, 1882, in Vienna (then part of Austria-Hungary). He was the third of six children of Leopold Frankfurter, a merchant, and Emma (Winter) Frankfurter. His father died in 1916. His mother died in January 1928 after a prolonged illness. His uncle, Solomon Frankfurter, was head librarian at the Vienna University Library. Frankfurter's forebears had been
rabbi A rabbi (; ) is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi—known as ''semikha''—following a course of study of Jewish history and texts such as the Talmud. The basic form of t ...
s for generations. In 1894, twelve-year-old Frankfurter and his family immigrated to the United States, settling in New York City's
Lower East Side The Lower East Side, sometimes abbreviated as LES, is a historic neighborhood in the southeastern part of Manhattan in New York City. It is located roughly between the Bowery and the East River from Canal to Houston streets. Historically, it w ...
, a dense center of immigrants. Frankfurter attended P.S. 25 and
Townsend Harris High School Townsend Harris High School (THHS; often also shortened to Townsend Harris or simply Townsend) is a public high school for the humanities in the New York City borough of Queens. It is located on the campus of Queens College, a public college p ...
, where he excelled at his studies and enjoyed playing
chess Chess is a board game for two players. It is an abstract strategy game that involves Perfect information, no hidden information and no elements of game of chance, chance. It is played on a square chessboard, board consisting of 64 squares arran ...
and shooting
craps Craps is a dice game in which players gambling, bet on the outcomes of the roll of a pair of dice. Players can wager money against each other (playing "street craps") or against a bank ("casino craps"). Because it requires little equipment, " ...
on the street. He spent many hours reading at The Cooper Union for the Advancement of Science and Art and attending political lectures, usually on subjects such as
trade unionism A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
,
socialism Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
, and
communism Communism () is a political sociology, sociopolitical, political philosophy, philosophical, and economic ideology, economic ideology within the history of socialism, socialist movement, whose goal is the creation of a communist society, a ...
. After graduating in 1902 from
City College of New York The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a Public university, public research university within the City University of New York (CUNY) system in New York ...
, where he was inducted into
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
, Frankfurter worked for the Tenement House Department of New York City to raise money for law school. He applied successfully to
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, where he excelled academically and socially. He became lifelong friends with
Walter Lippmann Walter Lippmann (September 23, 1889 – December 14, 1974) was an American writer, reporter, and political commentator. With a career spanning 60 years, he is famous for being among the first to introduce the concept of the Cold War, coining t ...
and
Horace Kallen Horace Meyer Kallen (August 11, 1882 – February 16, 1974) was a German-born American philosopher who supported pluralism and Zionism. Biography Horace Meyer Kallen was born on August 11, 1882, in the town of Bernstadt, Prussian Silesia (now B ...
, became an editor of the ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
'', and graduated first in his class with one of the best academic records since
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 ...
.


Early career

Frankfurter's legal career began when he joined the New York law firm of Hornblower, Byrne, Miller & Potter in 1906. In the same year, he was hired as the assistant to
Henry Stimson Henry Lewis Stimson (September 21, 1867 – October 20, 1950) was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and Demo ...
, the U.S. Attorney for the Southern District of New York. During this period, Frankfurter read
Herbert Croly Herbert David Croly (January 23, 1869 – May 17, 1930) was an intellectual leader of the progressive movement as an editor, political philosopher and a co-founder of the magazine ''The New Republic'' in early twentieth-century America. His polit ...
's book '' The Promise of American Life'', and became a supporter of the New Nationalism and of
Theodore Roosevelt Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
. In 1911, President
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...
appointed Stimson as his
Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...
, and Stimson appointed Frankfurter as law officer of the Bureau of Insular Affairs. Frankfurter worked directly for Stimson as his assistant and confidant. His government position restricted his ability to publicly voice his Progressive views, though he expressed his opinions privately to friends such as Judge
Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...
. In 1912 Frankfurter supported the Bull Moose campaign to return Roosevelt to the presidency but was bitterly disappointed when
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was the 28th president of the United States, serving from 1913 to 1921. He was the only History of the Democratic Party (United States), Democrat to serve as president during the Prog ...
was elected. He became increasingly disillusioned with the established parties, and described himself as "politically homeless".


First World War

Frankfurter's work in Washington had impressed the faculty at Harvard Law School, who used a donation from the financier
Jacob Schiff Jacob Henry Schiff (born Jakob Heinrich Schiff; January 10, 1847 – September 25, 1920) was a German-born American banker, businessman, and philanthropist. He helped finance the expansion of American railroads and the Japanese military efforts a ...
to create a position for him there after Louis Brandeis suggested that Schiff do this. He taught mainly
administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
and occasionally
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
. With fellow
professor Professor (commonly abbreviated as Prof.) is an Academy, academic rank at university, universities and other tertiary education, post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin ...
James M. Landis, he advocated judicial restraint in dealing with government misdeeds, including greater freedom for administrative agencies from judicial oversight. He also served as counsel for the
National Consumers League The National Consumers League, founded in 1899, is an American consumer organization. The National Consumers League is a private, nonprofit advocacy group representing consumers on marketplace and workplace issues. The NCL provides government, bu ...
, arguing for Progressive causes such as
minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. List of countries by minimum wage, Most countries had introduced minimum wage legislation b ...
and restricted work hours. He was involved in the early years of ''
The New Republic ''The New Republic'' (often abbreviated as ''TNR'') is an American magazine focused on domestic politics, news, culture, and the arts from a left-wing perspective. It publishes ten print magazines a year and a daily online platform. ''The New Y ...
'' magazine after its founding by
Herbert Croly Herbert David Croly (January 23, 1869 – May 17, 1930) was an intellectual leader of the progressive movement as an editor, political philosopher and a co-founder of the magazine ''The New Republic'' in early twentieth-century America. His polit ...
. When the United States entered World War I in 1917, Frankfurter took a special leave from Harvard to be commissioned 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 ...
in the
United States Army Reserve The United States Army Reserve (USAR) is a Military reserve force, reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the Army element of the reserve components of the United States Armed ...
, where he supervised military courts-martial as a Judge Advocate General in 1917 and served as special assistant to the Secretary of War
Newton D. Baker Newton Diehl Baker Jr. (December 3, 1871 – December 25, 1937) was an American lawyer, Georgist,Noble, Ransom E. "Henry George and the Progressive Movement." The American Journal of Economics and Sociology, vol. 8, no. 3, 1949, pp. 259–269. w ...
until 1918. In September 1917, he was appointed counsel to a commission, the President's Mediation Committee, established by President Wilson to resolve major strikes threatening war production. Among the disturbances he investigated were the 1916 Preparedness Day Bombing in San Francisco, where he argued strongly that the radical leader Thomas Mooney had been framed and required a new trial. He also represented the Labor Department on the priorities board of the
War Industries Board The War Industries Board (WIB) was a United States government agency established on July 28, 1917, during World War I, to coordinate the purchase of war supplies between the War Department (Department of the Army) and the Navy Department. Becaus ...
and examined the copper industry in Arizona. There, industry bosses solved industrial relations problems by having more than 1,000 strikers forcibly deported to New Mexico. Frankfurter thus learned firsthand about labor politics and extremism, including
anarchism Anarchism is a political philosophy and Political movement, movement that seeks to abolish all institutions that perpetuate authority, coercion, or Social hierarchy, hierarchy, primarily targeting the state (polity), state and capitalism. A ...
, communism and
revolutionary socialism Revolutionary socialism is a political philosophy, doctrine, and tradition within socialism that stresses the idea that a social revolution is necessary to bring about structural changes in society. More specifically, it is the view that revo ...
. He came to sympathize with labor issues, arguing that "unsatisfactory, remediable social conditions, if unattended, give rise to radical movements far transcending the original impulse." His activities led the public to view him as a radical lawyer and supporter of radical principles. Former President
Theodore Roosevelt Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
accused him of being "engaged in excusing men precisely like the Bolsheviki in Russia".


Post First World War

As the war drew to a close, Frankfurter was among the nearly one hundred intellectuals who signed a statement of principles for the formation of the League of Free Nations Associations, intended to increase United States participation in international affairs. Frankfurter was encouraged by Supreme Court Justice
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 ...
to become more involved in
Zionism Zionism is an Ethnic nationalism, ethnocultural nationalist movement that emerged in History of Europe#From revolution to imperialism (1789–1914), Europe in the late 19th century that aimed to establish and maintain a national home for the ...
. With Brandeis, he lobbied President Wilson to support the
Balfour Declaration The Balfour Declaration was a public statement issued by the British Government in 1917 during the First World War announcing its support for the establishment of a "national home for the Jewish people" in Palestine, then an Ottoman regio ...
, a British government statement supporting the establishment of a Jewish homeland in
Palestine Palestine, officially the State of Palestine, is a country in West Asia. Recognized by International recognition of Palestine, 147 of the UN's 193 member states, it encompasses the Israeli-occupied West Bank, including East Jerusalem, and th ...
. In 1918, he participated in the founding conference of the
American Jewish Congress The American Jewish Congress (AJCongress) is an association of American Jews organized to defend Jewish interests in the US and internationally through public policy advocacy, using diplomacy, legislation, and the courts. History The idea for a ...
in
Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
, creating a national democratic organization of Jewish leaders from all over the US. In 1919, Frankfurter served as a
Zionist Zionism is an Ethnic nationalism, ethnocultural nationalist movement that emerged in History of Europe#From revolution to imperialism (1789–1914), Europe in the late 19th century that aimed to establish and maintain a national home for the ...
delegate to the Paris Peace Conference.


Marriage and family

In 1919, Frankfurter married Marion Denman, a
Smith College Smith College is a Private university, private Liberal arts colleges in the United States, liberal arts Women's colleges in the United States, women's college in Northampton, Massachusetts, United States. It was chartered in 1871 by Sophia Smit ...
graduate and the daughter of a Congregational minister. They married after a long and difficult courtship, and against the wishes of his mother, who was disturbed by the prospect of her son marrying outside the Jewish faith. Frankfurter was a non-practicing Jew and regarded religion as "an accident of birth". Frankfurter was a domineering husband and Denman suffered from frail health. She suffered frequent mental breakdowns. The couple had no children.


Founding ACLU

Frankfurter's activities continued to attract attention for their alleged radicalism. In November 1919, he chaired a meeting in support of American recognition of the newly created
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
. In 1920, Frankfurter helped to found the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
. Following the arrest of suspected communist radicals in 1919 and 1920 in the
Palmer Raids The Palmer Raids were a series of raids conducted in November 1919 and January 1920 by the United States Department of Justice under the administration of President Woodrow Wilson to capture and arrest suspected socialists, especially anarchist ...
, Frankfurter and other prominent lawyers such as Zechariah Chafee signed an ACLU report which condemned the "utterly illegal acts committed by those charged with the highest duty of enforcing the laws", noting entrapment, police brutality, prolonged incommunicado detention, and due process violations. Frankfurter and Chafee also submitted briefs to a
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
application to the Massachusetts Federal District Court. Judge George W. Anderson ordered the discharge of twenty aliens, and his denunciation of the raids effectively ended them.
J. Edgar Hoover John Edgar Hoover (January 1, 1895 – May 2, 1972) was an American attorney and law enforcement administrator who served as the fifth and final director of the Bureau of Investigation (BOI) and the first director of the Federal Bureau o ...
began following Frankfurter as "the most dangerous man in the United States", a "disseminator of Bolshevik propaganda". In 1921, Frankfurter was given a chair at Harvard Law School, where he continued Progressive work on behalf of socialists and labor, as well as minorities. When
A. Lawrence Lowell Abbott Lawrence Lowell (December 13, 1856 – January 6, 1943) was an American educator and legal scholar. He was president of Harvard University from 1909 to 1933. With an "aristocratic sense of mission and self-certainty," Lowell cut a large f ...
, the President of Harvard University, proposed to limit the enrollment of Jewish students, Frankfurter worked with others to defeat the plan. In the late 1920s, he attracted public attention when he supported calls for a new trial for
Sacco and Vanzetti Nicola Sacco (; April 22, 1891 – August 23, 1927) and Bartolomeo Vanzetti (; June 11, 1888 – August 23, 1927) were Italian immigrants and anarchists who were controversially convicted of murdering Alessandro Berardelli and Frederick Parm ...
, two Italian immigrant
anarchist Anarchism is a political philosophy and Political movement, movement that seeks to abolish all institutions that perpetuate authority, coercion, or Social hierarchy, hierarchy, primarily targeting the state (polity), state and capitalism. A ...
s who had been sentenced to death on robbery and murder charges. Frankfurter wrote an influential article for ''
The Atlantic Monthly ''The Atlantic'' is an American magazine and multi-platform publisher based in Washington, D.C. It features articles on politics, foreign affairs, business and the economy, culture and the arts, technology, and science. It was founded in 1857 ...
'' and subsequently a book, ''The Case of Sacco and Vanzetti: A Critical Analysis for Lawyers and Laymen''. He critiqued the prosecution's case and the judge's handling of the trial; he asserted that the convictions were the result of anti-immigrant prejudice and enduring anti-radical hysteria of the
Red Scare A Red Scare is a form of moral panic provoked by fear of the rise of left-wing ideologies in a society, especially communism and socialism. Historically, red scares have led to mass political persecution, scapegoating, and the ousting of thos ...
of 1919–20. His activities further isolated him from his Harvard colleagues and from Boston society.


Advisor to President Roosevelt

Following the inauguration 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 ...
in 1933, Frankfurter quickly became a trusted and loyal adviser to the new president. Frankfurter was considered to be liberal and advocated progressive legislation. He argued against the economic plans of
Raymond Moley Raymond Charles Moley (September 27, 1886 – February 18, 1975) was an American political economist. Initially a leading supporter of the New Deal, he went on to become its bitter opponent before the end of the Great Depression. Early life and ...
,
Adolf Berle Adolf Augustus Berle Jr. (; January 29, 1895 – February 17, 1971) was an American lawyer, educator, writer, and diplomat. He was the author of '' The Modern Corporation and Private Property'', a groundbreaking work on corporate governance, a pro ...
and
Rexford Tugwell Rexford Guy Tugwell (July 10, 1891 – July 21, 1979) was an American economist who became part of Franklin D. Roosevelt's first " Brain Trust", a group of Columbia University academics who helped develop policy recommendations leading up to ...
, while recognizing the need for major changes to deal with the inequalities of wealth distribution that had led to the devastating nature 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 and ...
. Frankfurter successfully recommended many bright young lawyers toward public service with the
New Deal The New Deal was a series of wide-reaching economic, social, and political reforms enacted by President Franklin D. Roosevelt in the United States between 1933 and 1938, in response to the Great Depression in the United States, Great Depressi ...
administration; they became known as "Felix's Happy Hot Dogs". Among the most notable of these were Thomas Corcoran, Donald Hiss and
Alger Hiss Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official who was accused of espionage in 1948 for the Soviet Union in the 1930s. The statute of limitations had expired for espionage, but he was convicted of perjur ...
, and Benjamin Cohen. He moved to Washington, D.C., commuting back to Harvard for classes, but felt that he was never fully accepted within government circles. He worked closely with
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 ...
, lobbying for political activities suggested by Brandeis. He declined a seat on the
Supreme Judicial Court of Massachusetts The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously fun ...
and, in 1933, the position of
Solicitor General of the United States The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. ...
. Long an
anglophile An Anglophile is a person who admires or loves England, its people, its culture, its language, and/or its various accents. In some cases, Anglophilia refers to an individual's appreciation of English history and traditional English cultural ico ...
, Frankfurter had studied at Oxford University in 1920. In 1933–34 he returned to act as visiting Eastman professor in the faculty of Law. A 1935 newspaper article describes the Happy Hot Dogs as: *
Dean Acheson Dean Gooderham Acheson ( ; April 11, 1893October 12, 1971) was an American politician and lawyer. As the 51st United States Secretary of State, U.S. Secretary of State, he set the foreign policy of the Harry S. Truman administration from 1949 to ...
, Undersecretary of the
Treasury A treasury is either *A government department related to finance and taxation, a finance ministry; in a business context, corporate treasury. *A place or location where treasure, such as currency or precious items are kept. These can be ...
*
Thomas Gardiner Corcoran Thomas Gardiner Corcoran (December 29, 1900 – December 6, 1981) was an Irish-American legal scholar. He was one of several advisors in President Franklin D. Roosevelt's brain trust during the New Deal, and later, a close friend and advisor ...
, legal staff member of the
Public Works Administration The Public Works Administration (PWA), part of the New Deal of 1933, was a large-scale public works construction agency in the United States headed by United States Secretary of the Interior, Secretary of the Interior Harold L. Ickes. It was ...
* James M. Landis, head of the
Securities and Exchange Commission The United States Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street crash of 1929. Its primary purpose is to enforce laws against market m ...
*
Alger Hiss Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official who was accused of espionage in 1948 for the Soviet Union in the 1930s. The statute of limitations had expired for espionage, but he was convicted of perjur ...
, "right hand man" of Solicitor General Stanley Forman Reed,
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government that oversees the domestic enforcement of federal laws and the administration of justice. It is equi ...
*
Paul Freund Paul Abraham Freund (February 16, 1908February 5, 1992) was an American legal scholar. He taught for most of his life at Harvard Law School and is known for his writings on the United States Constitution and the Supreme Court of the United States ...
, also legal staff member of the U.S. Department of Justice Other "Frankfurter men" in the New Deal included: * Benjamin V. Cohen, legal staff member of the
Public Works Administration The Public Works Administration (PWA), part of the New Deal of 1933, was a large-scale public works construction agency in the United States headed by United States Secretary of the Interior, Secretary of the Interior Harold L. Ickes. It was ...
* Jerome Frank, counsel to
Reconstruction Finance Corporation The Reconstruction Finance Corporation (RFC) was an Independent agencies of the United States government, independent agency of the United States federal government that served as a lender of last resort to US banks and businesses. Established in ...
, former general counsel of the
Agricultural Adjustment Administration The Agricultural Adjustment Act (AAA) was a United States federal law of the New Deal era designed to boost agricultural prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies not to plant on part ...
* Charles Wyzanski, solicitor of the
U.S. Department of Labor The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unem ...
* Thomas H. Eliot, general counsel for the new social security organization (
Social Security Administration The United States Social Security Administration (SSA) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, U.S. federal government that administers Social Security (United ...
) * Gardner Jackson, formerly assistant consumers' counsel of the
Agricultural Adjustment Administration The Agricultural Adjustment Act (AAA) was a United States federal law of the New Deal era designed to boost agricultural prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies not to plant on part ...
Even after his appointment to the Supreme Court, Frankfurter remained close to Roosevelt. In July 1943, on behalf of the President, Frankfurter interviewed
Jan Karski Jan Karski (born Jan Kozielewski, 24 June 1914 – 13 July 2000) was a Polish soldier, Polish resistance movement in World War II, resistance-fighter, and diplomat during World War II. He is known for having acted as a courier in 1940–1943 to ...
, a member of the Polish resistance who had been smuggled into the Warsaw ghetto and a camp near the Belzec death camp in 1942, in order to report back on what is now known as the Holocaust. Frankfurter greeted Karski's report with skepticism, later explaining: "I did not say that he was lying, I said that I could not believe him. There is a difference."


Supreme Court justice

Following the death of Supreme Court associate justice
Benjamin N. 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 ...
in July 1938, President Roosevelt turned to Frankfurter for recommendations of prospective candidates to fill the vacancy. Finding none on the list to suit his criteria, Roosevelt nominated Frankfurter. Frankfurter's nomination quickly became highly controversial, and a number of witnesses gave testimony in opposing the nomination during the
confirmation hearing A United States congressional hearing is the principal formal method by which United States congressional committees collect and analyze information in the early stages of legislative policymaking. Whether confirmation hearings (a procedure uniqu ...
before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
. In addition to the objection that he was considered to be the president's unofficial advisor, that he was affiliated with special interest groups, that there were now no justices from west of the Mississippi, opponents pointed to Frankfurter as foreign-born and deemed to be affiliated with an anti-Christian movement viewed as part of a broader Communist infiltration into the country. As a result, the Judiciary Committee requested that Frankfurter appear before it and answer questions from the committee. He agreed, but only to address what he considered to be slanderous allegations against him. He was only the second Supreme Court nominee ever to testify during hearings on their nomination (the first was Harlan F. Stone in 1924), and the first to be requested to do so. Even so, he was confirmed by the
U.S. Senate The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
by
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "by live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by respondin ...
on January 17, 1939. Frankfurter served from January 30, 1939, to August 28, 1962. He wrote 247 opinions for the Court, 132 concurring opinions, and 251 dissents. He became the court's most outspoken advocate of
judicial restraint Judicial restraint is a judicial interpretation that recommends favoring the ''status quo'' in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of '' stare decisis'' (that new de ...
, the view that courts should not interpret the
Constitution 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 pri ...
in such a way as to impose sharp limits upon the authority of the
legislative A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers ...
and executive branches. He also usually refused to apply the federal Constitution to the states. In the case of '' Irvin v. Dowd,'' Frankfurter stated what was for him a frequent theme: "The federal judiciary has no power to sit in judgment upon a determination of a state court... Something that thus goes to the very structure of our federal system in its distribution of power between the United States and the state is not a mere bit of red tape to be cut, on the assumption that this Court has general discretion to see justice done". In his
judicial restraint Judicial restraint is a judicial interpretation that recommends favoring the ''status quo'' in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of '' stare decisis'' (that new de ...
philosophy, Frankfurter was strongly influenced by his close friend and mentor
Oliver Wendell Holmes Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States, U.S. Supreme Cou ...
, who had taken a firm stand during his tenure on the bench against the doctrine of "economic
due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
". Frankfurter revered Justice Holmes, often citing Holmes in his opinions. In practice, this meant Frankfurter was generally willing to uphold the actions of those branches against constitutional challenges so long as they did not "shock the conscience". Frankfurter was particularly well known as a scholar of
civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
. Frankfurter's adherence to the judicial restraint philosophy was shown in the 1940 opinion he wrote for the court in ''
Minersville School District v. Gobitis ''Minersville School District v. Gobitis'', 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The ...
,'' a case involving
Jehovah's Witness Jehovah's Witnesses is a Christian denomination that is an outgrowth of the Bible Student movement founded by Charles Taze Russell in the nineteenth century. The denomination is nontrinitarian, millenarian, and restorationist. Russell co- ...
es students who had been expelled from school due to their refusal to salute the flag and recite the
Pledge of Allegiance The U.S Pledge of Allegiance is a patriotic recited verse that promises allegiance to the flag of the United States and the republic of the United States. The first version was written in 1885 by Captain George Thatcher Balch, a Union Army o ...
. He rejected claims that
First Amendment rights The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of t ...
should be protected by law, and urged deference to the decisions of the elected school board officials. He stated that religious belief "does not relieve the citizen from the discharge of political responsibilities" and that exempting the children from the flag-saluting ceremony "might cast doubts in the minds of other children" and reduce their loyalty to the nation. Justice
Harlan Fiske Stone Harlan is a given name and a surname which may refer to: Surname * Abram D. Harlan (1833–1908), American politician from Pennsylvania * Bob Harlan (born 1936 Robert E. Harlan), American football executive * Bruce Harlan (1926–1959), America ...
issued a lone dissent. The court's decision was followed by hundreds of violent attacks on Jehovah's Witnesses throughout the country. It was overturned in March 1943 by the Supreme Court decision in '' West Virginia Board of Education v. Barnette''. A frequent ally, Justice
Robert H. Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an associate justice of the U.S. Supreme Court from 1941 until his death in 1954. He had previously served as Un ...
, wrote the majority opinion in this case, which reversed the decision only three years prior in poetic passionate terms as a fundamental constitutional principle, that no government authority has the right to define official dogma and require its affirmation by citizens. Frankfurter's extensive dissent began by raising and then rejecting the notion that as a Jew, he ought "to particularly protect minorities," although he did say that his personal political sympathies were with the majority opinion. He reiterated his view that the role of the Court was not to give an opinion of the "wisdom or evil of a law" but only to determine "whether legislators could in reason have enacted such a law". In ''
Baker v. Carr ''Baker v. Carr'', 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment's equal protection clause, thus enabling fed ...
,'' Frankfurter's position was that the federal courts did not have the right to tell sovereign state governments how to apportion their legislatures; he thought the Supreme Court should not get involved in political questions, whether federal or local. Frankfurter's view had won out in the 1946 case preceding ''Baker'', ''
Colegrove v. Green ''Colegrove v. Green'', 328 U.S. 549 (1946), was a United States Supreme Court case. Writing for a 4–3 plurality, Justice Felix Frankfurter held that the federal judiciary had no power to interfere with malapportioned Congressional districts.. ...
'' – there, a 4–3 majority decided that the case was non-justiciable, and the federal courts had no right to become involved in state politics, no matter how unequal district populations had become. But, in the ''Baker'' case, the majority of justices ruled to settle the matter – saying that the drawing of state legislative districts was within the purview of federal judges, despite Frankfurter's warnings that the Court should avoid entering "the political thicket". Frankfurter had previously articulated a similar view in a concurring opinion written for '' Dennis v. United States'' (1951). The decision affirmed, by a 6–2 margin, the conviction of eleven Communist leaders for conspiring to overthrow the US Government under the
Smith Act The Alien Registration Act, popularly known as the Smith Act, 76th United States Congress, 3rd session, ch. 439, , is a United States federal statute that was enacted on June 28, 1940. It set criminal penalties for advocating the overthrow of ...
. In it, he again argued that judges "are not legislators, that direct policy-making is not our province." He recognized that curtailing the free speech of those who advocate the overthrow of government by force also risked stifling criticism by those who did not, writing that " tis a sobering fact that in sustaining the convictions before us we can hardly escape restriction on the interchange of ideas." A pivotal
school desegregation In the United States, school integration (also known as desegregation) is the process of ending race-based segregation within American public, and private schools. Racial segregation in schools existed throughout most of American history and ...
case came before the court in ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the ...
''. The case was scheduled for re-argument when Chief Justice
Fred M. Vinson Frederick Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to have ser ...
, whose crucial vote appeared to be opposed to overruling the pro-segregation precedent in ''
Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that ...
'', died before the court's decision was made. Frankfurter reportedly remarked that Vinson's death was the first solid piece of evidence he had seen to prove the existence of God, though some believe the story to be "possibly apocryphal". Frankfurter demanded that the opinion in ''
Brown II ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court that ruled that U.S. state s ...
'' (1955) order schools to desegregate with "all deliberate speed". Some school boards used this phrase as an excuse to defy the demands of the first ''Brown'' decision. For fifteen years, schools in many states of the South remained segregated; in some cases systems closed their schools, and new private schools were opened by white parents for their children. In '' Alexander v. Holmes County Board of Education'', the Court wrote, "The obligation of every school district is to terminate dual school systems at once and to operate now and hereafter only unitary schools." Frankfurter's "all deliberate speed" formula was intended to constrain the federal judiciary toward a gradualist approach to school integration, but his formula backfired. By divorcing the plaintiff's injury from the remedy afforded, ''Brown II'' gave birth to modern Public Law Litigation, which today affords federal courts broad power to reform state institutions. Frankfurter was hands-off in the area of business. In the 1956 government case against
DuPont Dupont, DuPont, Du Pont, duPont, or du Pont may refer to: People * Dupont (surname) Dupont, also spelled as DuPont, duPont, Du Pont, or du Pont is a French surname meaning "of the bridge", historically indicating that the holder of the surname re ...
, started because DuPont seemed to have maneuvered its way into a preferential relationship with GM, Frankfurter refused to find a conspiracy, and said the Court had no right to interfere with the progress of business. Here again, Frankfurter opposedand lost out tothe views of the court majority made up of Justices Warren, Black, Douglas and Brennan. Later in his career, Frankfurter's judicial restraint philosophy frequently put him on the dissenting side of ground-breaking decisions taken by the
Warren Court The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history. The Warren Cou ...
to end discrimination. Frankfurter believed that the authority of the Supreme Court would be reduced if it went too strongly against public opinion: he sometimes went to great lengths to avoid unpopular decisions, including fighting to delay court decisions against laws prohibiting racial intermarriage. For the October 1948 court term, Frankfurter hired William Thaddeus Coleman Jr., the first African American to serve as a Supreme Court
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 ...
. In 1960, despite a recommendation from the dean of Harvard Law School, Frankfurter turned down
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 ...
for a clerkship position because of her gender. She later became an associate justice of the Supreme Court herself, and was the first Jewish woman to do so. Frankfurter's specific seat later came to be informally known as the "Jewish seat," as between 1932 and 1969 it was occupied by four consecutive Jewish justices: Cardozo, Frankfurter, Goldberg, and
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 ...
. From 1994 to 2022, the seat was occupied by Stephen G. Breyer, who is also Jewish.


Relationships with fellow justices

Frankfurter generally attempted to influence any new justice and succeeded with many, including
Tom C. Clark Thomas Campbell Clark (September 23, 1899June 13, 1977) was an American lawyer who served as the 59th United States Attorney General, United States attorney general from 1945 to 1949 and as Associate Justice of the Supreme Court of the United St ...
,
Harold Hitz Burton Harold Hitz Burton (June 22, 1888 – October 28, 1964) was an American politician and lawyer. He served as the 45th Mayor of Cleveland, mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court ...
,
Charles Evans Whittaker Charles Evans Whittaker (February 22, 1901 – November 26, 1973) was an Associate Justice of the United States Supreme Court from 1957 to 1962. After working in private practice in Kansas City, Missouri, he was nominated for the United States D ...
, and
Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
. But William J. Brennan Jr. resisted after some initial ambivalence, and Frankfurter turned against Brennan after '' Irvin v. Dowd''. Other justices who received the Frankfurter treatment of flattery and instruction were Burton,
Fred M. Vinson Frederick Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to have ser ...
, and
John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish hi ...
. With Vinson, who became Chief Justice, Frankfurter feigned deference but sought influence. Some (possibly apocryphal) reports have Frankfurter remarking that Vinson's death in 1953 was the first solid piece of evidence he had seen to prove the existence of God. Feuding with liberal colleagues
Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States, ass ...
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 ...
, Frankfurter became seen as a conservative figure. He criticized them for starting "with a result" and producing "shoddy," "result-oriented," and "demagogic" work. He even panned the work of 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 ...
as "dishonest nonsense". Frankfurter increasingly saw colleagues, including
Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer, and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...
and
Wiley Blount Rutledge Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Franklin ...
, as part of a liberal "Axis" opposed to judicial restraint. Led by Black, they agreed that the Fourteenth Amendment entailed
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
protections, shaping
Warren Court The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history. The Warren Cou ...
decisions. Frankfurter feared this incorporation theory usurped state control of criminal justice, limiting innovation in due process. Colleagues disliked Frankfurter's argumentative style. "All edoes is talk, talk, talk," Warren complained. "He drives you crazy." According to Black, "I thought Felix was going to hit me today, he got so mad." In the Court's biweekly conference sessions, traditionally a period for vote-counting, Frankfurter habitually lectured his colleagues for forty-five or more minutes at a time, with his book resting on a podium. In turn, his opponents would read their mail or leave the room. Frankfurter was close friends with Justice
Robert H. Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an associate justice of the U.S. Supreme Court from 1941 until his death in 1954. He had previously served as Un ...
. The two exchanged much correspondence over their mutual dislike for Justice
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 ...
. Frankfurter also had a strong influence over Jackson's opinions. Frankfurter was universally praised for his work before coming to the Supreme Court, and was expected to influence it for decades past the death of FDR. However, Frankfurter's influence over other justices was limited by his failure to adapt to new surroundings, his style of personal relations (relying heavily on the use of flattery and ingratiation, which ultimately proved divisive), and his strict adherence to the ideology of
judicial restraint Judicial restraint is a judicial interpretation that recommends favoring the ''status quo'' in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of '' stare decisis'' (that new de ...
. Michael E. Parrish, professor at UCSD, said of Frankfurter: "History has not been kind to im.. there is now almost a universal consensus that Frankfurter the justice was a failure, a judge who... became 'uncoupled from the locomotive of history' during the Second World War, and who thereafter left little in the way of an enduring jurisprudential legacy."


Retirement and death

Frankfurter retired in 1962 after suffering a stroke and was succeeded by Arthur Goldberg. The former justice 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 ...
by 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 ...
in 1963. Frankfurter died from
congestive heart failure Heart failure (HF), also known as congestive heart failure (CHF), is a syndrome caused by an impairment in the heart's ability to fill with and pump blood. Although symptoms vary based on which side of the heart is affected, HF typically pr ...
in 1965 at the age of 82. His remains are interred in
Mount Auburn Cemetery Mount Auburn Cemetery, located in Cambridge and Watertown, Massachusetts, is the first rural or garden cemetery in the United States. It is the burial site of many prominent Boston Brahmins, and is a National Historic Landmark. Dedicated in ...
in
Cambridge, Massachusetts Cambridge ( ) is a city in Middlesex County, Massachusetts, United States. It is a suburb in the Greater Boston metropolitan area, located directly across the Charles River from Boston. The city's population as of the 2020 United States census, ...
.


Legacy

There are two extensive collections of Frankfurter's papers: one at the Manuscript Division of the
Library of Congress The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...
and the other at Harvard University. Both are fully open for research and have been distributed to other libraries on microfilm. However, in 1972 it was discovered that more than a thousand pages of his archives, including his correspondence with
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 ...
and others, had been stolen from the Library of Congress; the crime remains unsolved and the perpetrator and motive are unknown. Frankfurter was elected to the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (The Academy) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and other ...
in 1932 and the
American Philosophical Society The American Philosophical Society (APS) is an American scholarly organization and learned society founded in 1743 in Philadelphia that promotes knowledge in the humanities and natural sciences through research, professional meetings, publicat ...
in 1939.


Works

Frankfurter published several books, including, '' The Business of the Supreme Court: A Study in the Federal Judicial System'' (1927), ''Mr. Justice Holmes and the Supreme Court'' (1938), ''The Case of Sacco and Vanzetti: A Critical Analysis for Lawyers and Laymen'' (1927), and ''Felix Frankfurter Reminisces'', recorded in talks with H.B. Phillips'' (1960). * Frankfurter, Felix, and James M. Landis (1925). "The Compact Clause of the Constitution: A Study in Interstate Adjustments." ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
'' 34, No. 7: 685–758. * Frankfurter, Felix (1931). "Mr. Justice Holmes and the Constitution: A Review of His Twenty-five Years on the Supreme Court". Frankfurter, Felix, ed. ''Mr. Justice Holmes''. New York: Coward-McCann, Inc., pp. 46-118.


See also

* Demographics of the Supreme Court of the United States *
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 Hughes Court * United States Supreme Court cases during the Stone Court * United States Supreme Court cases during the Vinson Court * United States Supreme Court cases during the Warren Court


References


Further reading

*Abraham, Henry J. (1992), ''Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed.'' New York: Oxford University Press. . *. *. *Cushman, Clare, ''The Supreme Court Justices: Illustrated Biographies,1789–1995'' (2nd ed.) (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) ; . *. *. *. * *Frankfurter, Felix (1927), ''Mr. Justice Holmes and the Constitution: A Review of His Twenty-Five Years on the Supreme Court''. Cambridge, Massachusetts: Dunster House Bookshop. *Frankfurter, Felix
"Mr. Justice Holmes and the Constitution: A Review of His Twenty-Five Years on the Supreme Court".
Harvard Law Review, Vol. 41, No. 2 (December 1927), pp. 121-173. *Frankfurter, Felix, ed. (1931), ''Mr. Justice Holmes''. New York: Coward-McCann, Inc. *Frankfurter, Felix (1938), ''Mr. Justice Holmes and the Supreme Court''. Cambridge, Massachusetts: Harvard University Press. *Frankfurter, Felix, '' Mr. Justice Cardozo and Public Law'',
Columbia Law Review The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who s ...
39 (1939): 88–118,
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
52 (1939): 440–470,
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
48 (1939): 458–488. *Friedman, Leon and Israel, Fred L. (2013 ed., 4 vols.), ''The Justices of the United States Supreme Court: Their Lives and Major Opinions''. New York: Facts on File, Inc. *. *. *. *. *. *. *Martin, Fenton S. and Goehlert, Robert U. (1990), ''The U.S. Supreme Court: A Bibliography''. Congressional Quarterly Books. . * Murphy, Bruce Allen (1982), ''The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices,'' New York:
Oxford University Press Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books ...
. . * *. *. *Pritchett, C. Herman (1954), ''Civil Liberties and the Vinson Court'',
University of Chicago Press The University of Chicago Press is the university press of the University of Chicago, a Private university, private research university in Chicago, Illinois. It is the largest and one of the oldest university presses in the United States. It pu ...
. ; . * Schwarz, Jordan A. ''The New Dealers: Power Politics in the Age of Roosevelt'' (Vintage, 2011) pp. 123–137
online
*Snyder, Brad (2022), ''Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment''. New York: W. W. Norton
excerpt
*. *Urofsky, Melvin I., ''Conflict Among the Brethren: Felix Frankfurter, William O. Douglas and the Clash of Personalities and Philosophies on the United States Supreme Court'',
Duke Law Journal The ''Duke Law Journal'' is a student-run law review and the premier legal periodical of Duke University School of Law. The journal publishes general-interest articles and student notes in eight issues each year. History and Overview The journ ...
(1988): 71–113. *Urofsky, Melvin I., ''Division and Discord: The Supreme Court under Stone and Vinson, 1941–1953'' (University of South Carolina Press, 1997) . *Urofsky, Melvin I., ''The Supreme Court Justices: A Biographical Dictionary'' (New York: Garland Publishing 1994). 590 pp. ; . *. *.


External links

* The personal papers of Felix Frankfurter are kept at the
Central Zionist Archives
in Jerusalem. The notation of the record group is A264. *
Oyez: U.S. Supreme Court media on Felix Frankfurter


* * {{DEFAULTSORT:Frankfurter, Felix 1882 births 1965 deaths Emigrants from Austria-Hungary to the United States Jews from Austria-Hungary American Jewish Congress members American labor lawyers American legal scholars American legal writers American people of Austrian-Jewish descent United States Army personnel of World War I American Civil Liberties Union people City College of New York alumni Franklin D. Roosevelt administration personnel Harvard Law School alumni Harvard Law School faculty American Ashkenazi Jews American lawyers Lawyers from New York City Military personnel from New York City Presidential Medal of Freedom recipients Townsend Harris High School alumni United States federal judges appointed by Franklin D. Roosevelt United States presidential advisors Justices of the Supreme Court of the United States Assistant United States attorneys Members of the American Philosophical Society People associated with Willkie Farr & Gallagher Deaths from congestive heart failure in the United States Burials at Mount Auburn Cemetery