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Political rise 29th President of the United States
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During his time in office, President Warren G. Harding appointed four members of the Supreme Court of the United States: Chief Justice William Howard Taft, and Associate Justices George Sutherland, Pierce Butler, and Edward Terry Sanford.
During the 1920 election campaign, William Howard Taft supported the Republican ticket, Harding (by then a senator) and Massachusetts Governor Calvin Coolidge; they were elected. [1] Taft was among those asked to come to the president-elect's home in Marion, Ohio, to advise him on appointments, and the two men conferred there on December 24, 1920. By Taft's later account, after some conversation, Harding casually asked if Taft would accept appointment to the Supreme Court; if Taft would, Harding would appoint him. Taft had a condition for Harding—having served as president, and having appointed two of the present associate justices and opposed Brandeis, he could accept only the chief justice position. Harding made no response, and Taft in a thank-you note reiterated the condition and stated that Chief Justice White had often told him he was keeping the position for Taft until a Republican held the White House. In January 1921, Taft heard through intermediaries that Harding planned to appoint him, if given the chance. [2]
White by then was in failing health, but made no move to resign when Harding was sworn in on March 4, 1921. [3] Taft called on the chief justice on March 26, and found White ill, but still carrying on his work and not talking of retiring. [4] White did not retire, dying in office on May 19, 1921. Taft issued a tribute to the man he had appointed to the center seat, and waited and worried if he would be White's successor. Despite widespread speculation Taft would be the pick, Harding made no quick announcement. [5] Taft was lobbying for himself behind the scenes, especially with the Ohio politicians who formed Harding's inner circle. [6]
It later emerged that Harding had also promised former Utah senator George Sutherland a seat on the Supreme Court, and was waiting in the expectation that another place would become vacant. [lower-alpha 1] [7] Harding was also considering a proposal by Justice William R. Day to crown his career by being chief justice for six months before retiring. Taft felt, when he learned of this plan, that a short-term appointment would not serve the office well, and that once confirmed by the Senate, the memory of Day would grow dim. After Harding rejected Day's plan, Attorney General Harry Daugherty, who supported Taft's candidacy, urged him to fill the vacancy, and he named Taft on June 30, 1921. [5] [8] The Senate confirmed Taft the same day, 61–4, without any committee hearings and after a brief debate in executive session, thereby fulfilling Taft's lifelong ambition to become Chief Justice of the United States. Taft drew the objections of three progressive Republicans and one southern Democrat, [lower-alpha 2] [9] though the roll call of the vote has never been made public. [10] Taft received his commission immediately and was sworn in on July 11, becoming the first and to date only person to serve both as president and chief justice, [11] remaining in this office until 1930.
On September 1, 1922, Justice John Hessin Clarke sent a letter to President Harding announcing his intention to resign from the Court. Harding was interested in showing his support for the growing American West, and was determined to pick a nominee from that region. Thus, on September 5, 1922, Harding nominated former Utah Senator George Sutherland to the seat. That same day, Sutherland was confirmed by a voice vote among his colleagues in the United States Senate, and received his commission. [8]
Clarke, who had been dissatisfied with his experience as a Justice, informed Sutherland, that the latter was embarking on "a dog's life" [12]
Justice William R. Day resigned from the Court on November 13, 1922. Eight days later, on November 21, 1922, Harding nominated Pierce Butler. Butler was confirmed by the United States Senate on December 21, 1922, by a vote of 61–8. [8]
Although he was supported by Chief Justice Taft, Butler's opposition to "radical" and "disloyal" professors at the University of Minnesota (where he had served on the Board of Regents) made him a controversial Supreme Court nominee. Senator-elect Henrik Shipstead of Butler's home state opposed him, as did Progressive Senator Robert M. La Follette of Wisconsin. Also against his confirmation were labor activists, some liberal newspapers ( The New Republic and The Nation ), and the Ku Klux Klan. However, with the support of prominent Roman Catholics, fellow lawyers (the Minnesota State Bar Association strongly endorsed him), and business groups (especially railroad companies), as well as Minnesota's other senator, Knute Nelson, he was confirmed by a wide margin of 61 to 8. The senators who voted against Butler comprised five Democrats (Walter F. George, William J. Harris, J. Thomas Heflin, Morris Sheppard, and Park Trammell) and three Republicans (Robert M. La Follette Sr., Peter Norbeck, and George W. Norris). He took his seat on the Court on January 2, 1923.
Justice Mahlon Pitney retired from the Court on December 31, 1922, after suffering a stroke. On January 24, 1923, Harding nominated Edward Terry Sanford of the United States District Court for the Middle District of Tennessee to replace Pitney. Sanford was confirmed by the United States Senate on January 29, 1923, by a voice vote. [8] As of 2023, Sanford is the last sitting district court judge to be elevated to the Supreme Court.
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Harding for a Supreme Court appointment:
Charles Evans Hughes Sr. was an American statesman, 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, he previously was the 36th governor of New York (1907–1910), an associate justice of the Supreme Court (1910–1916), and 44th U.S. secretary of state (1921–1925). As the Republican nominee in the 1916 presidential election, he lost narrowly to Woodrow Wilson.
William Howard Taft was the 27th president of the United States, serving from 1909 to 1913, and the tenth chief justice of the United States, serving from 1921 to 1930, the only person to have held both offices. Taft was elected president in 1908, the chosen successor of Theodore Roosevelt, but was defeated for reelection in 1912 by Woodrow Wilson after Roosevelt split the Republican vote by running as a third-party candidate. In 1921, President Warren G. Harding appointed Taft to be chief justice, a position he held until a month before his death.
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Established by Article III of the Constitution, the detailed structure of the court was laid down by the 1st United States Congress in 1789. Congress specified the Court's original and appellate jurisdiction, created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869. As of June 2022, a total of 116 justices have served on the Supreme Court since 1789. Justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office.
William Rufus Day was an American diplomat and jurist who served as an associate justice of the Supreme Court of the United States from 1903 to 1922. Prior to his service on the Supreme Court, Day served as United States Secretary of State during the administration of President William McKinley. He also served as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit and the United States Circuit Courts for the Sixth Circuit.
Pierce Butler was an American jurist who served as an associate justice of the Supreme Court of the United States from 1923 until his death in 1939. He was a staunch conservative and was regarded as a part of the Four Horsemen, the conservative bloc that dominated the Supreme Court during the 1930s. A devout Catholic, he was also the sole dissenter in the later case Buck v. Bell, though he did not write an opinion.
The Ohio Republican Party is the Ohio affiliate of the Republican Party. It was founded in Columbus, Ohio, in 1854.
Mahlon R. Pitney IV was an American lawyer, jurist, and politician who served in the U.S. House of Representatives for two terms from 1895 to 1899. He later served as an associate justice of the U.S. Supreme Court from 1912 to 1922.
Martin Thomas Manton was a United States circuit judge of the United States Court of Appeals for the Second Circuit and previously was a United States District Judge of the United States District Court for the Southern District of New York. At his 1939 trial, Manton was acquitted of bribery, but convicted of conspiracy to obstruct justice. He served 19 months in federal prison.
The presidency of William Howard Taft began on March 4, 1909, when William Howard Taft was inaugurated as 27th president of the United States, and ended on March 4, 1913. Taft was a Republican from Ohio. The protégé and chosen successor of President Theodore Roosevelt, he took office after easily defeating Democrat William Jennings Bryan in the 1908 presidential election. His presidency ended with his defeat in the 1912 election by Democrat Woodrow Wilson.
Willis Van Devanter 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 Horsemen, the conservative bloc which dominated the Supreme Court during the 1930s.
Edward Terry Sanford was an American jurist who served as an associate justice of the Supreme Court of the United States from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as a United States Assistant Attorney General under President Theodore Roosevelt from 1905 to 1907, and as a United States district judge of the United States District Court for the Eastern District of Tennessee and the United States District Court for the Middle District of Tennessee from 1908 to 1923. As of 2024, he is the last sitting district court judge to be elevated directly to the Supreme Court.
George Alexander Sutherland was an English-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 represented Utah in both houses of Congress.
During his twelve years in office, President Franklin D. Roosevelt appointed eight new members of the Supreme Court of the United States: Associate Justices Hugo Black, Stanley F. Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, James F. Byrnes, Robert H. Jackson, and Wiley Blount Rutledge. Additionally, he elevated sitting Justice Harlan F. Stone to chief justice. Roosevelt's nine nominations filled eight seats on the Supreme Court because Byrnes resigned while Roosevelt was still in office. Roosevelt nominated Rutledge to the seat vacated by Byrnes.
During his only term in office, President Herbert Hoover appointed three members of the Supreme Court of the United States: Chief Justice Charles Evans Hughes, and Associate Justices Owen Roberts and Benjamin Cardozo. Additionally, with his failed nomination of John J. Parker, Hoover became the first president since Grover Cleveland to have a Supreme Court nomination rejected by the United States Senate.
The Hughes Court refers to the Supreme Court of the United States from 1930 to 1941, when Charles Evans Hughes served as Chief Justice of the United States. Hughes succeeded William Howard Taft as Chief Justice after the latter's retirement, and Hughes served as Chief Justice until his retirement, at which point Harlan Stone was nominated and confirmed as Hughes's replacement. The Supreme Court moved from its former quarters at the United States Capitol to the newly constructed Supreme Court Building during Hughes's chief-justiceship.
The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.
The White Court refers to the Supreme Court of the United States from 1910 to 1921, when Edward Douglass White served as Chief Justice of the United States. White, an associate justice since 1894, succeeded Melville Fuller as Chief Justice after the latter's death, and White served as Chief Justice until his death a decade later. He was the first sitting associate justice to be elevated to chief justice in the Court's history. He was succeeded by former president William Howard Taft.
Woodrow Wilson appointed three Associate Justices to the Supreme Court of the United States, James Clark McReynolds, Louis Brandeis, and John Hessin Clarke.
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