Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

from 1938 to 1957. He also served as

U.S. Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...

from 1935 to 1938. Born in Mason County, Kentucky, Reed established a legal practice in Maysville, Kentucky, and won election to the

Kentucky House of Representatives The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form ...

. He attended law school but did not graduate, making him the latest-serving Supreme Court Justice who did not graduate from law school. After serving in the

United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...

during

World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

, Reed emerged as a prominent corporate attorney and took positions with the

Federal Farm Board The Federal Farm Board was established by the Agricultural Marketing Act of 1929 from the Federal Farm Loan Board established by the Federal Farm Loan Act of 1916, with a revolving fund of half a billion dollars Reconstruction Finance Corporation The Reconstruction Finance Corporation was a government corporation administered by the United States Federal Government between 1932 and 1957 that provided financial support to state and local governments and made loans to banks, railroads, mortgag ...

. He took office as Solicitor General in 1935, and defended the constitutionality of several

New Deal The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...

policies. After the retirement of Associate Justice George Sutherland, President

Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

successfully nominated Reed to the Supreme Court. Reed served until his retirement in 1957, and was succeeded by Charles Evans Whittaker. Reed wrote the majority opinion in cases such as '' Smith v. Allwright,'' ''

Gorin v. United States ''Gorin v. United States'', 312 U.S. 19 (1941), was a United States Supreme Court case. It involved the Espionage Act of 1917 and its use against Mihail Gorin, an intelligence agent from the Soviet Union, and Hafis Salich, a United States Navy emp ...

,'' and ''

Adamson v. California ''Adamson v. California'', 332 U.S. 46 (1947), was a United States Supreme Court case regarding the incorporation of the Fifth Amendment of the Bill of Rights. Its decision is part of a long line of cases that eventually led to the Selective I ...

''. He authored dissenting opinions in cases such as '' Illinois ex rel. McCollum v. Board of Education.''

Background

Reed was born on December 31, 1884, in the small town of Minerva in Mason County, Kentucky, to John and Frances (Forman) Reed. His father was a wealthy physician and a Protestant who adhered to no particular organized church. The Reeds and Formans traced their history to the earliest colonial period in America, and these family heritages were impressed upon young Stanley at an early age. At the age of 10, Reed moved with his family to Maysville, Kentucky where his father practiced medicine. The family resided downtown in a prominent home known as

Phillips' Folly Phillips' Folly is an historic three-story brick residence in Maysville, Kentucky. The home's Antebellum architecture displays a blend of styles which may be explained, in part, by the home's speculative six-year construction period, which end ...

. Reed attended

Kentucky Wesleyan College Kentucky Wesleyan College (KWC) is a private Methodist college in Owensboro, Kentucky. The college is known for its liberal arts programs. Fall 2018 enrollment was 830 students. History Kentucky Wesleyan College was founded in 1858 by the Kent ...

and received a B.A. degree in 1902. He then attended

Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...

as an undergraduate, and obtained a second B.A. in 1906. He studied law at the

University of Virginia The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United S ...

(where he was a member of

St. Elmo Hall Delta Phi () is a fraternity founded in 1827 at Union College in Schenectady, New York consisting of ten active chapters along the East Coast of the United States. The fraternity also uses the names "St. Elmo," "St. Elmo Hall," or merely "Elm ...

) and

Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...

, but did not obtain a law degree. Reed married the former Winifred Elgin in May 1908. The couple had two sons, John A. and Stanley Jr., who both became attorneys. In 1909 he traveled to France and studied at the Sorbonne, where he obtained his auditeur bénévole.

Career

After his studies in France, Reed returned to Kentucky. He was admitted to the bar in 1910 and established a legal practice in Maysville. He was elected to the

Kentucky General Assembly The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky. It comprises the Kentucky Senate and the Kentucky House of Representatives. The General Assembly meets annually in the ...

in 1912 and served two two-year terms. After the United States entered

in April 1917, Reed joined the

and was commissioned a lieutenant. When the war ended in 1918, Reed returned to his private law practice and became a well-known corporate attorney. He represented the

Chesapeake and Ohio Railway The Chesapeake and Ohio Railway was a Class I railroad formed in 1869 in Virginia from several smaller Virginia railroads begun in the 19th century. Led by industrialist Collis P. Huntington, it reached from Virginia's capital city of Richmond t ...

and the Kentucky Burley Tobacco Growers Association, among other large corporations. Stanley Reed was very active in the Sons of the American Revolution and

Society of Colonial Wars The Society of Colonial Wars is a hereditary society composed of men who trace their descents from forebears who, in military, naval, or civil positions of high trust and responsibility, by acts or counsel, assisted in the establishment, defense, ...

, while his wife was a national officer in the

Daughters of the American Revolution The Daughters of the American Revolution (DAR) is a lineage-based membership service organization for women who are directly descended from a person involved in the United States' efforts towards independence. A non-profit group, they promote ...

. The Reeds settled on a farm near Maysville, where Stanley Reed raised prize-winning Holstein cattle in his spare time.

Federal Farm Bureau

Reed's work for a number of large agricultural interests in Kentucky made him a nationally known authority on the law of agricultural

cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-control ...

s. It was this reputation which brought him to the attention of federal officials.

Herbert Hoover Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was an American politician who served as the 31st president of the United States from 1929 to 1933 and a member of the Republican Party, holding office during the onset of the Gr ...

had been elected

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...

in November 1928, and took office in March 1929. The

agricultural industry Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to ...

in the United States was heading for a depression. Unlike his predecessor, Hoover agreed to provide some federal support for agriculture, and in June 1929

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

passed the

Agriculture Marketing Act The Agricultural Marketing Act of 1929, under the administration of Herbert Hoover, established the Federal Farm Board from the Federal Farm Loan Board established by the Federal Farm Loan Act of 1916 with a revolving fund of half a billion dol ...

. The act established and was administered by the

stock market A stock market, equity market, or share market is the aggregation of buyers and sellers of stocks (also called shares), which represent ownership claims on businesses; these may include ''securities'' listed on a public stock exchange, as ...

in late October 1929 led the Federal Farm Board's general counsel to resign. Although Reed was a

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

, his reputation as a corporate agricultural lawyer led President Hoover to appoint him the new general counsel of the Federal Farm Board on November 7, 1929. Reed served as general counsel until December 1932.

Reconstruction Finance Corporation

In December 1932, the general counsel of the

Reconstruction Finance Corporation The Reconstruction Finance Corporation was a government corporation administered by the United States Federal Government between 1932 and 1957 that provided financial support to state and local governments and made loans to banks, railroads, mortgag ...

(RFC) resigned, and Reed was appointed the agency's new general counsel. Since 1930, the Chairman of the Federal Reserve, Eugene Meyer, had pressed Hoover to take a more active approach to ameliorating the Great Depression. Hoover finally relented and submitted legislation. The Reconstruction Finance Corporation Act was signed into law on January 22, 1932, but its operations were kept secret for five months. Hoover feared both political attacks from

Republicans Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

and that publicity about which corporations were receiving RFC assistance might disrupt the agency's attempts to keep companies financially viable. When Congress passed legislation in July 1932 forcing the RFC to make public the companies that received loans, the resulting political embarrassment led to the resignation of the RFC's president and his successor as well as other staff turnover at the agency.

's election as President in November 1932 led to further staff changes. On December 1, 1932, the RFC's general counsel resigned, and Hoover appointed Reed to the position. Roosevelt, impressed with Reed's work and needing someone who knew the agency, its staff and its operations, kept Reed on. Reed mentored and protected the careers of a number of young lawyers at RFC, many of whom became highly influential in the Roosevelt administration:

Alger Hiss Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official accused in 1948 of having spied for the Soviet Union in the 1930s. Statutes of limitations had expired for espionage, but he was convicted of perjury in con ...

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 Supreme Court of the United States, Associate Justice of the Supreme Court of the Unit ...

Thomas Gardiner Corcoran Thomas Gardiner Corcoran (December 29, 1900 – December 6, 1981) was one of several advisors in President Franklin D. Roosevelt's brain trust during the New Deal, and later, a close friend and advisor to President Lyndon B. Johnson. Early li ...

, Charles Edward Wyzanski, Jr. (later an important federal district court judge), and David Cushman Coyle. During his tenure at the RFC, Reed influenced two major national policies. First, Reed was instrumental in setting up the

Commodity Credit Corporation The Commodity Credit Corporation (CCC) is a wholly owned United States government corporation that was created in 1933 to "stabilize, support, and protect farm income and prices" (federally chartered by the CCC Charter Act of 1948 (P.L. 80-806) ...

. In early October 1933, President Roosevelt ordered RFC president Jesse Jones to establish a program to strengthen cotton prices. On October 16, 1933, Jones met with Reed and together they created the Commodity Credit Corporation (CCC). President Roosevelt issued Executive Order 6340 the next day, which legally established the CCC. The brilliance of the CCC was that the government would hold surplus cotton as security for the loan. If cotton prices rose above the value of the loan, farmers could redeem their cotton, pay off the loan and make a profit. If prices stayed low, the farmer still had enough money to live as well as plant next year. The plan worked so well that it became the basis for the

's entire agricultural program.Schlesinger, ''The Age of Roosevelt: The Coming of the New Deal, 1933–1935'', 1958. Second, Reed helped to successfully defend the administration's gold policy, saving the nation's

monetary policy Monetary policy is the policy adopted by the monetary authority of a nation to control either the interest rate payable for very short-term borrowing (borrowing by banks from each other to meet their short-term needs) or the money supply, often a ...

as well. Deflation had caused the value of the

United States dollar The United States dollar ( symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the officia ...

to fall nearly 60 percent. But federal law still permitted Americans and foreign citizens to redeem paper money and coins in gold at its pre-Depression value, causing a run on the gold reserves of the United States. Taking the United States off the

gold standard A gold standard is a monetary system in which the standard economic unit of account is based on a fixed quantity of gold. The gold standard was the basis for the international monetary system from the 1870s to the early 1920s, and from the la ...

would stop the run. It would also further devalue the dollar, making American goods less expensive and more attractive to foreign buyers. In a series of moves, Roosevelt took the nation off the gold standard in March and April 1933, causing the dollar's value to sink. But additional deflation was needed. One way to do this was to raise the price of gold, but federal law required the Treasury to buy gold at its high, pre-Depression price. President Roosevelt asked the Reconstruction Finance Corporation to buy gold above the market price to further devalue the dollar. Although Treasury Secretary

Henry Morgenthau, Jr. Henry Morgenthau Jr. (; May 11, 1891February 6, 1967) was the United States Secretary of the Treasury during most of the administration of Franklin D. Roosevelt. He played a major role in designing and financing the New Deal. After 1937, while s ...

believed the government lacked the authority to buy gold, Reed joined with Treasury general counsel

Herman Oliphant Herman Enzla Oliphant was an American legal scholar and professor at the University of Chicago Law School and Columbia Law School. He is considered to be a leading figure of the legal realism movement in the United States. Early life and educati ...

to provide critical legal support for the plan. The additional deflation helped stabilize the economy during a critical period where

bank run A bank run or run on the bank occurs when many clients withdraw their money from a bank, because they believe the bank may cease to function in the near future. In other words, it is when, in a fractional-reserve banking system (where banks no ...

s were common."Stanley Reed Named Solicitor General," ''The New York Times'', March 19, 1935.Butkiewicz, "The Reconstruction Finance Corporation, the Gold Standard and the Banking Panic of 1933," ''Southern Economic Journal'', 1999; Eichengreen, ''Golden Fetters: The Gold Standard and the Great Depression, 1919–1939'', 1992; Wicker, ''The Banking Panics of the Great Depression'', 1996. Reed's help with Roosevelt's gold policies was not yet finished. On June 5, 1933, Congress passed a joint resolution (48 Stat. 112) voiding clauses in all public and private contracts permitting redemption in gold. Hundreds of angry creditors sued to overturn the law. The case finally reached the U.S. Supreme Court.

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

Homer Stille Cummings asked Reed to join him in writing the government's brief for the Court and assisting him during oral argument. Reed's help was critical, for the high court was resolutely conservative when it came to the sanctity of contracts. On February 2, 1935, the Supreme Court made the unprecedented announcement that it was delaying its ruling by a week. The court shocked the nation again by announcing a second delay on February 9. Finally, on February 18, 1935, the Supreme Court held in '' Norman v. Baltimore & Ohio R. Co.'', , that the government had the power to abrogate private contracts but not public ones. However, the majority said that since there had been no showing that contractors with the federal government had been harmed, no payments would be made.

Solicitor General

Reed's invaluable assistance in defending the federal government's interests in "the Gold Clause Cases" led Roosevelt to appoint him Solicitor General. J. Crawford Biggs, the incumbent Solicitor General, was generally considered ineffective if not incompetent (he had lost 10 of the 17 cases he argued in his first five months in office). Biggs resigned on March 14, 1935. Reed was named his replacement on March 18 and confirmed by the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

on March 25. He was confronted by an office in chaos. Several major challenges to the National Industrial Recovery Act—considered the cornerstone of the New Deal—were reaching the Supreme Court, and Reed was forced to drop the appeals because the Office of the Solicitor General was unprepared to argue them. Reed worked quickly to restore order, and subsequent briefs were noted for their strong legal argument and extensive research. Reed soon brought before the high court appeals of the constitutionality of the Agricultural Adjustment Act,

Securities Act of 1933 The Securities Act of 1933, also known as the 1933 Act, the Securities Act, the Truth in Securities Act, the Federal Securities Act, and the '33 Act, was enacted by the United States Congress on May 27, 1933, during the Great Depression and after ...

Social Security Act The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program as well as insurance against unemployment. The law was pa ...

National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...

, Bankhead Cotton Control Act, Public Utility Holding Company Act of 1935, Guffey Coal Control Act, Bituminous Coal Conservation Act of 1935 and the enabling act for 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 Carolina ...

, and revived the battle over the National Industrial Recovery Act (NIRA). The press of appeals was so great that Reed argued six major cases before the Supreme Court in two weeks. On December 10, 1935, he collapsed from exhaustion during oral argument before the Court. Reed lost a number of these cases, including ''

Schechter Poultry Corp. v. United States ''A.L.A. Schechter Poultry Corp. v. United States'', 295 U.S. 495 (1935), was a decision by the Supreme Court of the United States that invalidated regulations of the poultry industry according to the nondelegation doctrine and as an invalid use ...

'', (invalidating the National Industrial Recovery Act) and ''

United States v. Butler ''United States v. Butler'', 297 U.S. 1 (1936), is a U.S. Supreme Court case that held that the U.S. Congress has not only the power to lay taxes to the level necessary to carry out its other powers enumerated in Article I of the U.S. Constituti ...

'', (invalidating the Agricultural Adjustment Act).Schlesinger, ''The Age of Roosevelt: The Politics of Upheaval, 1935–1936'', 1960.Hoffer, Hoffer, Hull and Hull, ''The Supreme Court: An Essential History'', 2007.Jost, ''The Supreme Court A-Z'', 1998. 1937 proved to be a banner year for the Solicitor General. Reed argued and won such major cases as ''

West Coast Hotel Co. v. Parrish ''West Coast Hotel Co. v. Parrish'', 300 U.S. 379 (1937), was a decision by the United States Supreme Court upholding the constitutionality of state minimum wage legislation. The court's decision overturned an earlier holding in ''Adkins v. Child ...

'', (upholding minimum wage laws), '' National Labor Relations Board v. Jones & Laughlin Steel Corporation'', (upholding the National Labor Relations Act), and ''

Steward Machine Company v. Davis ''Steward Machine Company v. Davis'', 301 U.S. 548 (1937), was a case in which the U.S. Supreme Court upheld the unemployment compensation provisions of the Social Security Act of 1935, which established the Federal Unemployment Tax Act, federal ta ...

'', (upholding the taxing power of the Social Security Act). By the end of 1937, Reed was winning most of his economic cases and had a reputation as being one of the strongest Solicitors General since the creation of the office in 1870.

Supreme Court

Nomination and confirmation

On January 15, 1938, President Roosevelt nominated Reed as an associate justice on the

Supreme Court of the United States 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 involve a point o ...

to succeed retiring justice George Sutherland. Many in the nation's capital worried about the nomination fight.

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 ...

, one of the Court's conservative " Four Horsemen," had retired the previous summer. Roosevelt had nominated Senator

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 U.S. Supreme Court from 1937 to 1971. A ...

as his replacement, and Black's nomination battle proved to be a long (seven days) and bitter one. To the relief of many, Reed's nomination was swift and generated little debate in the Senate. He was confirmed on January 25, 1938, and sworn into office on January 31. His successor as Solicitor General was

. Reed is the last person to serve as a Supreme Court Justice without possessing a law degree. Stanley Reed spent 19 years on the Supreme Court. Within two years, he was joined on the bench by his mentor, Felix Frankfurter, and his protégé, Robert H. Jackson. Reed and Jackson held very similar views on national security issues and often voted together. Reed and Frankfurter also held similar views, and Frankfurter usually concurred with Reed. However, the two had significantly different writing styles, as Frankfurter offered lengthy, professorial discussions of the law, whereas Reed wrote terse opinions keeping to the facts of the case.Fassett, "The Buddha and the Bumblebee: The Saga of Stanley Reed and Felix Frankfurter," ''Journal of Supreme Court History'', July 2003. Reed was considered a moderate and often provided the critical fifth vote in split rulings. He authored more than 300 opinions, and Chief Justice Warren Burger said "he wrote with clarity and firmness...." Reed was an economic progressive, and generally supported racial desegregation, civil liberties,

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

rights and economic regulation. On free speech, national security and certain social issues, however, Reed was generally a conservative. He often approved of federal (but not state or local) restrictions on civil liberties. Reed also opposed applying the Bill of Rights to the states via the 14th Amendment.

Opinions

Among Reed's more notable decisions are: *'' United States v. Rock Royal Cooperative, Inc.,'' – This was one of the first cases in which Reed wrote the majority opinion. The case was especially important to Reed because of his prior career as an attorney for agricultural cooperatives (Rock Royal was a milk producers co-op). Reed stuck closely to the facts in the case, quoting at length from the statute, regulations and agency order. *''

,'' – Upheld several aspects of the Espionage Act of 1917 *'' Smith v. Allwright,'' – In 1935, a unanimous Supreme Court in ''

Grovey v. Townsend ''Grovey v. Townsend'', 295 U.S. 45 (1935), was a Supreme Court of the United States, United States Supreme Court decision that held a reformulation of Texas's white primaries system to be constitutional. The case was the third in a series of Cou ...

'', , had held that political parties in Texas did not violate the constitutional rights of

African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

citizens by denying them the right to vote in a

primary election Primary elections, or direct primary are a voting process by which voters can indicate their preference for their party's candidate, or a candidate in general, in an upcoming general election, local election, or by-election. Depending on the ...

. But in ''Smith v. Allwright'', the issue came before the Court again. This time, the plaintiff alleged that the state, not the political party, had denied black citizens the right to vote. In an 8-to-1 decision authored by Reed, the Supreme Court overruled ''Grovey'' as wrongly decided. In ringing terms, Reed dismissed the state action question and declared that "the Court throughout its history has freely exercised its power to reexamine the basis of its constitutional decisions." The lone dissenter was Justice Roberts, who had written the majority opinion nine years earlier in ''Grovey.'' *'' Morgan v. Commonwealth of Virginia,'' – In a 7-to-1 ruling, Reed applied the

undue burden standard The undue burden standard is a constitutional test fashioned by the Supreme Court of the United States. The test, first developed in the late 20th century, is widely used in American constitutional law. In short, the undue burden standard states ...

to a Virginia law which required separate but equal

racial segregation Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...

in public transportation. Reed found that the law created an undue burden because uniformity of law was essential in certain interstate activities, such as transportation. *''

,'' – Adamson was charged with murder but chose not to testify because he knew the prosecutor would ask him about his prior criminal record. Adamson argued that, because the prosecutor had drawn attention to his refusal to testify, Adamson's freedom against self-incrimination had been violated. Reed wrote that the rights guaranteed under the Fourteenth Amendment did not extend the protections of the Fifth Amendment to state courts. Reed felt that the framers of the Fourteenth Amendment did not intend to apply the Bill of Rights to states without limitation. *'' Illinois ex rel. McCollum v. Board of Education,'' – Reed said he was proudest of his dissent in ''Illinois ex rel. McCollum v. Board of Education.'' The ruling was the first to declare that a state had violated the Establishment Clause. Reed disliked the phrase "wall of separation between church and state," and his dissent contains his famous dictum about the phrase: "A rule of law should not be drawn from a figure of speech." *'' Pennekamp v. Florida,'' – Reed authored this majority opinion for a court which confronted the issue of whether judges could censor newspapers for impugning the reputation of the courts. The ''

Miami Herald The ''Miami Herald'' is an American daily newspaper owned by the McClatchy Company and headquartered in Doral, Florida, a List of communities in Miami-Dade County, Florida, city in western Miami-Dade County, Florida, Miami-Dade County and the M ...

'' newspaper had published two editorials and a cartoon criticizing a Florida court's actions in a pending trial. The judge cited the publisher and editors for contempt, claiming that the published material maligned the integrity of the court and thereby interfered with the fair administration of justice. Hewing closely to the facts in the case, Reed used the clear and present danger test to come down firmly on the side of

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

. *''

Brown v. Board of Education of Topeka ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...

,'' – This was recognized as a critical case even before it reached the Supreme Court. Chief Justice Earl Warren, realizing how controversial the case would be for the public, very much wanted to avoid any dissents in the case, but Reed was the lone hold-out. Other members of the Supreme Court worried about Reed's commitment to civil rights, as he was a member of the (then) all-white

Burning Tree Club Burning Tree Club is a private, all-male golf club in Bethesda, Maryland. The course at Burning Tree has been played by numerous presidents, foreign dignitaries, high-ranking executive officials, members of Congress, and military leaders. The co ...

Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

, and his Kentucky home had an all-white

restrictive covenant A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a se ...

(a covenant which had led Reed to

recuse Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applica ...

himself from a civil rights case in 1948). Nonetheless, Reed had written the majority decision in '' Smith v. Allwright'' and joined the majority in ''

Sweatt v. Painter ''Sweatt v. Painter'', 339 U.S. 629 (1950), was a U.S. Supreme Court case that successfully challenged the "separate but equal" doctrine of racial segregation established by the 1896 case ''Plessy v. Ferguson''. The case was influential in the lan ...

'', , which barred separate but equal racial segregation in law schools. Reed originally planned to write a dissent in ''Brown'', but joined the majority before a decision was issued. Many observers, including Chief Justice Warren, believed a unanimous decision in ''Brown'' was necessary to win public acceptance for the decision. Reed reportedly cried during the reading of the opinion.

Hiss case

Reed's fame and notoriety did not stem solely from his judicial rulings, however. In 1949, Reed was caught up in the

case. Hiss, one of Reed and Frankfurter's protégés, was accused of

espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...

in August 1948. Hiss was tried in June 1949. Hiss's attorneys subpoenaed both Reed and Frankfurter. Although Reed ethically objected to having a sitting Associate Justice of the Supreme Court testify in a legal proceeding, he agreed to do so once he was subpoenaed. A number of observers strongly denounced Reed for refusing to disobey the subpoena.

Dissents and retirement

By the mid-1950s, Justice Reed was dissenting more and more frequently from court rulings. His first full dissent had come in 1939, nearly a year after his tenure on the court began. Initially, his dissents "were only when, with Hughes, Brandeis, Stone or Roberts—like himself, lawyers of deep experience—he could not go along with what he considered the judge-made amendments of the Constitution implicit in the opinions of

, Felix Frankfurter,

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, who was known for his strong progressive and civil libertarian views, and is often c ...

and Frank Murphy, whom Roosevelt had sent to follow Black and Reed on the court." But by 1955, Reed was dissenting much more frequently. Reed began to feel that the Court's jurisprudential center had shifted too far away from him and that he was losing his effectiveness.

Retirement

Stanley Reed retired from the Supreme Court on February 25, 1957, citing old age. He was 73 years old. Charles Evans Whittaker was appointed his successor. Reed led a fairly active retirement. In November 1957, President

Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...

asked Reed to chair the newly formed United States Commission on Civil Rights. Eisenhower announced the nomination on November 7, but Reed turned down the nomination on December 3. Reed cited the impropriety of having a former Associate Justice sit on such a political body. But some media reports indicated that his appointment would have been opposed by civil rights activists, who felt Reed was not sufficiently progressive. Reed did, however, continue to serve the federal judiciary in a number of ways. For several years, he served as a temporary judge on a number of lower federal courts, particularly in the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

. He also served in special capacities where judicial experience was needed, such as boundary disputes between states. In 1958 he was elected as a hereditary member of the New Jersey

Society of the Cincinnati The Society of the Cincinnati is a fraternal, hereditary society founded in 1783 to commemorate the American Revolutionary War that saw the creation of the United States. Membership is largely restricted to descendants of military officers wh ...

by right of his descent from Colonel

David Forman David Forman is an English actor, stuntman, puppeteer and internet entrepreneur who has played several suit roles in Jim Henson's Creature Shop, notably as the character of Leonardo in the ''Teenage Mutant Ninja Turtles'' film (1990). He also se ...

Death

Increasingly frail and often ill, Stanley Reed and his wife lived at the Hilaire Nursing Home in

Huntington, New York The Town of Huntington is one of ten towns in Suffolk County, New York. Founded in 1653, it is located on the north shore of Long Island in northwestern Suffolk County, with Long Island Sound to its north and Nassau County adjacent to the west. ...

for the last few years of their lives. Reed died there on April 2, 1980. He was survived by his wife and sons. He was interred in Maysville, Kentucky. Although he retired eighteen years before

, Reed outlived him by two months and was the last living Justice appointed by

, and the last living justice to have served on the

Hughes Court 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, an ...

, Stone Court and

Vinson Court The Vinson Court refers to the Supreme Court of the United States from 1946 to 1953, when Fred M. Vinson served as Chief Justice of the United States. Vinson succeeded Harlan F. Stone as Chief Justice after the latter's death, and Vinson served ...

Legacy

An extensive collection of Reed's personal and official papers, including his Supreme Court files, is archived at the

University of Kentucky The University of Kentucky (UK, UKY, or U of K) is a Public University, public Land-grant University, land-grant research university in Lexington, Kentucky. Founded in 1865 by John Bryan Bowman as the Agricultural and Mechanical College of Kentu ...

in Lexington, where they are open for research.

Quotations

*"The United States is a constitutional democracy. Its organic law grants to all citizens a right to participate in the choice of elected officials without restriction by any state because of race." – ''Smith v. Allwright'', 321 U.S. 649 (1944) *"There is a recognized abstract principle, however, that may be taken as a postulate for testing whether particular state legislation in the absence of action by Congress is beyond state power. This is that the state legislation is invalid if it unduly burdens that commerce in matters where uniformity is necessary—necessary in the constitutional sense of useful in accomplishing a permitted purpose." – ''Morgan v. Commonwealth of Virginia'', 328 U.S. 373 (1946) *"Freedom of discussion should be given the widest possible range compatible with the essential requirement of the fair and orderly administration of justice. ... That a judge might be influenced by a desire to placate the accusing newspaper to retain public esteem and secure reelection at the cost of unfair rulings against an accused is too remote a possibility to be considered a clear and present danger to justice." – ''Pennekamp v. Florida'', 328 U.S. 331 (1946) *"A rule of law should not be drawn from a figure of speech." – ''Illinois ex rel. McCollum v. Board of Education'', 333 U.S. 203 (1948) (commenting on the phrase "wall of separation between church and state") *"Philosophers and poets, thinkers of high and low degree from every age and race have sought to expound the meaning of virtue, but each teaches his own conception of the moral excellence that satisfies standards of good conduct. Are the tests of the Puritan or the Cavalier to be applied, those of the city or the farm, the Christian or non-Christian, the old or the young? Does the Bill of Rights permit Illinois to forbid any reflection on the virtue of racial or religious classes which a jury or a judge may think exposes them to derision or obloquy, words themselves of quite uncertain meaning as used in the statute? I think not." – ''Beauharnais v. Illinois'', 343 U.S. 250 (1952)

Law clerks

* David M. Becker, SEC General Counsel

References

Sources

*"Bogue Quits as R.F.C. Counsel." ''New York Times.'' December 2, 1932. *Butkiewicz, James L. "The Reconstruction Finance Corporation, the Gold Standard and the Banking Panic of 1933." ''Southern Economic Journal.'' 1999. *Conklin, William R. "Frankfurter, Reed Testify to Loyalty, Integrity of Hiss." ''New York Times.'' June 23, 1949. *Dinwoodey, Dean. "New NRA Test Case Covers Basic Issues." ''New York Times.'' April 7, 1935. *Eichengreen, Barry J. ''Golden Fetters: The Gold Standard and the Great Depression, 1919–1939.'' New ed. New York: Oxford University Press, 1992. *"Ex-Justice Reed to Hear Case." ''New York Times." March 4, 1958. *"Farm Board Counsel to Retire." ''New York Times.'' November 8, 1929. *Fassett, John D. "The Buddha and the Bumblebee: The Saga of Stanley Reed and Felix Frankfurter." ''Journal of Supreme Court History.'' 28:2 (July 2003). *Fassett, John D. ''New Deal Justice: The Life of Stanley Reed of Kentucky.'' New York: Vantage Press, 1994. *"Federal Judge in Missouri Named to Supreme Court." ''New York Times.'' March 3, 1957. *Goodman Jr., George. "Ex-Justice Stanley Reed, 95, Dead." ''New York Times.'' April 4, 1980. *"High Court Holds Challenge of NLRB Must Await Board Order Against Company." ''New York Times.'' February 1, 1938. *Hoffer, Peter Charles; Hoffer, William James Hull; and Hull, N.E.H. ''The Supreme Court: An Essential History.'' Lawrence, Kan.: University Press of Kansas, 2007. *Huston, Luther A. "High Court Bars Trials By States In Sedition Cases." ''New York Times.'' April 3, 1956. *Huston, Luther A. "High Court Upholds Deportation And Denial of Bail to Alien Reds." ''New York Times.'' March 11, 1952. *Huston, Luther A. "Justice Reed, 72, to Retire From the Supreme Court." ''New York Times.'' February 1, 1957. *"Jackson Is Named Solicitor General." ''New York Times.'' January 28, 1938. *Jost, Kenneth. ''The Supreme Court A-Z.'' 1st ed. New York: Routledge, 1998. *"Justice Reed Retires From Supreme Court." ''New York Times.'' February 26, 1957. *"Justices on Stand Called 'Degrading'." ''Associated Press.'' July 18, 1949. *Kennedy, David M. ''Freedom From Fear: The American People in Depression and War, 1929–1945.'' New York: Oxford University Press, 1999. 0195038347 *Kluger, Richard. ''Simple Justice.'' Paperback ed. New York: Vantage Press, 1977. *Krock, Arthur. "Reed's Views Reflect Changing High Court." ''New York Times.'' February 3, 1957. *Lewis, Anthony. "Eisenhower Picks Civil Rights Unit." ''New York Times.'' November 8, 1957. *Lewis, Anthony. "Reed Turns Down Civil Rights Post." ''New York Times.'' December 4, 1957. *"Map Legal Battle for AAA Program." ''Associated Press.'' September 23, 1935. *Mason, Joseph R. "The Political Economy of Reconstruction Finance Corporation Assistance During the Great Depression." ''Explorations in Economic History.'' 40:2 (April 2003). *"Murphy, Jackson Inducted Together." ''New York Times.'' January 19, 1940. *Nash, Gerald D. "Herbert Hoover and the Origins of the Reconstruction Finance Corporation." ''Mississippi Valley Historical Review.'' December 1959. *"New Deal Pleas Won Reed Fame." ''New York Times.'' January 16, 1938. *Olson, James S. ''Saving Capitalism: The Reconstruction Finance Corporation and the New Deal, 1933–1940.'' Princeton, N.J.: Princeton University Press, 1988. *"Potomac Pact Delayed." ''New York Times.'' November 22, 1960. *"Reed Given Court Task." ''United Press International.'' October 29, 1957. *"Reed In Collapse." ''New York Times.'' December 11, 1935. *Schlesinger, Arthur M. ''The Age of Roosevelt: The Coming of the New Deal, 1933–1935.'' Paperback ed. Boston: Houghton Mifflin Co., 1958. *Schlesinger, Arthur M. ''The Age of Roosevelt: The Crisis of the Old Order, 1919–1933.'' Paperback ed. Boston: Houghton Mifflin Co., 1957. *Schlesinger, Arthur M. ''The Age of Roosevelt: The Politics of Upheaval, 1935–1936.'' Paperback ed. Boston: Houghton Mifflin Co., 1960. *"Senate Quickly Confirms Reed Nomination." ''New York Times.'' January 26, 1938. *"Stanley Reed Goes to Supreme Court." ''New York Times.'' January 16, 1938. *"Stanley Reed Named Solicitor General." ''New York Times.'' March 19, 1935. *Stark, Louis. "Belcher Test Case of Validity of NRA to Be Abandoned." ''New York Times.'' March 26, 1935. *Stark, Louis. "High Court Affirms Non-Red Taft Oath." ''New York Times.'' May 9, 1950. *"3 Justice Step Out of 'Covenants' Case." ''Associated Press.'' January 16, 1948. *Tomlins, Christopher, ed. ''The United States Supreme Court: The Pursuit of Justice.'' New York: Houghton Mifflin, 2005. *"Urges High Court to Give 7A Ruling." ''New York Times.'' April 12, 1935. *Urofsky, Melvin I. ''Division & Discord: The Supreme Court Under Stone and Vinson, 1941–1953.'' New ed. Columbia, S.C.: University of South Carolina Press, 1998. *Walz, Jay. "Decision Is 6 to 2." ''New York Times.'' June 5, 1951. *Wicker, Elmus. ''The Banking Panics of the Great Depression.'' New York: Cambridge University Press, 1996. *Wood, Lewis. "High Court Rules Negroes Can Vote In Texas Primary." ''New York Times.'' April 4, 1944. *Wood, Lewis. "Sutherland Quits Supreme Court." ''New York Times.'' January 6, 1938.

External links

Stanley F. Reed Oral History Project

Louie B. Nunn Center for Oral History The Louie B. Nunn Center for Oral History, also known as The Nunn Center, the University of Kentucky, is one of the premier oral history centers in the world, known for a comprehensive oral history archival collection, ongoing interviewing projects, ...

, University of Kentucky Libraries
Stanley F. Reed papers. Manuscript Collection, Special Collections, William T. Young Library, University of Kentucky.
* , - {{DEFAULTSORT:Reed, Stanley Forman 1884 births 1980 deaths 20th-century American judges American Protestants Columbia Law School alumni Kentucky Democrats Kentucky lawyers Kentucky Wesleyan College alumni People from Mason County, Kentucky Reconstruction Finance Corporation Sons of the American Revolution United States federal judges appointed by Franklin D. Roosevelt United States Solicitors General Justices of the Supreme Court of the United States University of Virginia School of Law alumni