Three Musketeers (Supreme Court)
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The "Three Musketeers" was the nickname given to three liberal members during the 1932–37 terms of the
United States 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 ...
, who generally supported 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 ...
agenda of
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Franklin Delano 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 ...
. They were
Justices ''Justice'' (abbreviation: ame ''J.'' and other variations) is an honorific style and title traditionally used to describe a jurist who is currently serving or has served on a supreme court or some equal position. In some countries, a justice ma ...
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 ...
,
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 ...
, and
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 ...
. They were opposed by the " Four Horsemen", consisting of Justices James Clark McReynolds,
George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was a British-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...
,
Willis Van Devanter Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an associate justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four ...
, and Pierce Butler. Chief Justice
Charles Evans Hughes Charles Evans Hughes (April 11, 1862 – August 27, 1948) was an American politician, academic, and jurist who served as the 11th chief justice of the United States from 1930 to 1941. A member of the Republican Party (United States), Republican ...
and Justice Owen J. Roberts controlled the balance. Charles Evans Hughes often voted with the liberal wing while Owen J. Roberts voted with the conservatives. With the help of Roberts, the Four Horsemen maintained a majority in most of the decisions and struck down many New Deal laws as unconstitutional. Although the "Three Musketeers" were a bipartisan group, with Stone being a Republican, they were drawn together by their shared views on New Deal policies. During the 1935 term, the Four Horsemen would often ride (in a car) together to and from the Court to coordinate their positions. To counter them, the Three Musketeers started meeting at Brandeis's apartment on Friday afternoons. However, the Four Horsemen held sway, leading to Roosevelt's court-packing scheme. In 1937, in the " switch in time that saved nine," Roberts and Hughes switched to the liberal side in several key decisions, the most important one being '' West Coast Hotel Co. v. Parrish'', a case regarding the minimum wage of workers. Within a year, Van Devanter and Sutherland retired and were replaced by
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 Stanley Reed, strong New Dealers, ending the Four Horsemen's sway. By 1941, Brandeis, Cardozo, Butler, McReynolds, and Hughes were also gone. Only Stone and Roberts remained, and by then Stone had been elevated to the position of Chief Justice. The Three Musketeers were successful in many cases. They often convinced the swing voters, Charles Evans Hughes and Owen Roberts, to vote for New Deal policies. The Three Musketeers were able to uphold many New Deal laws such as the
Gold Reserve Act The United States Gold Reserve Act of January 30, 1934 required that all gold and gold certificates held by the Federal Reserve be surrendered and vested in the sole title of the United States Department of the Treasury. It also prohibited the ...
(in the '' Gold Clause Cases''), The Fair Labor Standards Act (in '' United States v. Darby Lumber Co.''), the
Tennessee Valley Authority The Tennessee Valley Authority (TVA) is a federally owned electric utility corporation in the United States. TVA's service area covers all of Tennessee, portions of Alabama, Mississippi, and Kentucky, and small areas of Georgia, North Carolin ...
(in '' Ashwander v. Tennessee Valley Authority'') and the
Social Security Act The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by U.S. President Franklin D. Roosevelt on August 14, 1935. The law created the Social Security (United States), Social Security program as ...
(in '' Steward Machine Co. v. Davis'' and '' Helvering v. Davis''). They persuaded members of the Four Horsemen to vote to uphold New Deal legislation occasionally.


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* {{DEFAULTSORT:Three Musketeers 3 Trios Liberalism in the United States *