Pierce Butler (March 17, 1866 – November 16, 1939) was an American
jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
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 any member 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 Judiciary Act of 18 ...
from 1923 until his death in 1939. He was a staunch
conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
and was regarded as a part of the
Four Horsemen
The Four Horsemen of the Apocalypse are figures in the Christian scriptures, first appearing in the Book of Revelation, a piece of apocalypse literature written by John of Patmos.
Revelation 6 tells of a book or scroll in God's right hand tha ...
, the conservative bloc that dominated the Supreme Court during the 1930s. A devout Catholic, he was the sole dissenter in the later case ''
Buck v. Bell
''Buck v. Bell'', 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including th ...
'', though he did not write an opinion.
Early life and education
Butler was born in
Northfield, Minnesota
Northfield is a city in Dakota and Rice counties in the State of Minnesota. It is mostly in Rice County, with a small portion in Dakota County. The population was 20,790 at the 2020 census.
History
Northfield was platted in 1856 by John W. N ...
to Patrick and Mary Ann Butler.
Born in a log cabin, he was the sixth of nine children. All but his sister lived to adulthood. His parents were
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
immigrants from
County Wicklow
County Wicklow ( ; ga, Contae Chill Mhantáin ) is a county in Ireland. The last of the traditional 32 counties, having been formed as late as 1606, it is part of the Eastern and Midland Region and the province of Leinster. It is bordered by t ...
,
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, who had met in
Galena, Illinois
Galena is the largest city in and the county seat of Jo Daviess County, Illinois, with a population of 3,308 at the 2020 census. A section of the city is listed on the National Register of Historic Places as the Galena Historic District. The ci ...
. They had left the same part of Ireland because of the
Great Famine.
Butler graduated from
Carleton College
Carleton College ( ) is a private liberal arts college in Northfield, Minnesota. Founded in 1866, it had 2,105 undergraduate students and 269 faculty members in fall 2016. The 200-acre main campus is between Northfield and the 800-acre Cowling ...
, where he was a member of
Phi Kappa Psi
Phi Kappa Psi (), commonly known as Phi Psi, is an American collegiate social fraternity that was founded by William Henry Letterman and Charles Page Thomas Moore in Widow Letterman's home on the campus of Jefferson College in Canonsburg, Pen ...
fraternity. He received both a degree in the arts and a degree in science. He then
read the law
Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
for one year before being admitted to the
bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
in 1888.
He married Annie M. Cronin in 1891.
Legal career
He was elected as county attorney in
Ramsey County in 1892, and re-elected in 1894.
Butler joined the law firm of How & Eller in 1896, which became How & Butler after the death of Homer C. Eller the following year. He accepted an offer to practice in
St. Paul, Minnesota
Saint Paul (abbreviated St. Paul) is the capital of the U.S. state of Minnesota and the county seat of Ramsey County. Situated on high bluffs overlooking a bend in the Mississippi River, Saint Paul is a regional business hub and the center o ...
, where he took care of railroad-related litigation for
James J. Hill
James Jerome Hill (September 16, 1838 – May 29, 1916) was a Canadian-American railroad director. He was the chief executive officer of a family of lines headed by the Great Northern Railway, which served a substantial area of the Upper Midwes ...
. He was highly successful in representing railroads.
In 1905 he returned to private practice and rejoined Jared How. He had also served as a lawyer for the company owned by his five brothers. In 1908, Butler was elected
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:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
of the
Minnesota State Bar Association
The Minnesota State Bar Association is a voluntary bar association for the state of Minnesota, whose members include lawyers, judges, and other legal practitioners, such as clerks, registrars, and paralegals. The MSBA is one of the oldest state ba ...
.
From 1912 to 1922, he worked in railroad law in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, alternately representing the shareholders of railroad companies and the Canadian government; he produced favorable results for both. When he was nominated for 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 involve a point o ...
in 1922, Butler was in the process of winning approximately $12,000,000 for the
Toronto Street Railway
The Toronto Street Railway (TSR) was the operator of a horse-drawn streetcar system from 1861 to 1891 in Toronto, Ontario, Canada. Its successor, the Toronto Railway Company, inherited the horsecar system and electrified it between 1892 and 1894 ...
shareholders.
Supreme Court justice
Nomination and confirmation
![Justice Pierce Butler at desk cropped](https://upload.wikimedia.org/wikipedia/commons/c/c7/Justice_Pierce_Butler_at_desk_cropped.png)
On December 5, 1922, Butler was nominated by President
Warren G. Harding
Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party, he was one of the most popular sitting U.S. presidents. A ...
as an
associate justice
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
of the Supreme Court, to succeed
William R. Day
William Rufus Day (April 17, 1849 – July 9, 1923) 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 Unit ...
.
Although he was supported by
Chief Justice William Howard Taft
William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
, Butler's opposition to "radical" and "disloyal" professors at the
University of Minnesota
The University of Minnesota, formally the University of Minnesota, Twin Cities, (UMN Twin Cities, the U of M, or Minnesota) is a public university, public Land-grant university, land-grant research university in the Minneapolis–Saint Paul, Tw ...
(where he had served on the Board of Regents) made him a controversial Supreme Court nominee.
Farmer–Labor Senator-elect
Henrik Shipstead
Henrik Shipstead (January 8, 1881June 26, 1960) was an American politician. He served in the United States Senate from 1923 to 1947, from the state of Minnesota. He served first as a member of the Minnesota Farmer-Labor Party from 1923 to 1941 and ...
of Minnesota opposed him, as did the
Progressive
Progressive may refer to:
Politics
* Progressivism, a political philosophy in support of social reform
** Progressivism in the United States, the political philosophy in the American context
* Progressive realism, an American foreign policy par ...
Senator
Robert M. La Follette
Robert Marion "Fighting Bob" La Follette Sr. (June 14, 1855June 18, 1925), was an American lawyer and politician. He represented Wisconsin in both chambers of Congress and served as the 20th Governor of Wisconsin. A Republican for most of his l ...
of
Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
.
Also against his confirmation were labor activists, some
liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
magazines (''
The New Republic
''The New Republic'' is an American magazine of commentary on politics, contemporary culture, and the arts. Founded in 1914 by several leaders of the progressive movement, it attempted to find a balance between "a liberalism centered in hum ...
'' and ''
The Nation
''The Nation'' is an American liberal biweekly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper tha ...
'') and the
Ku Klux Klan
The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
because he was
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
. His appointment was supported by 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,
Republican
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 ...
Knute Nelson
Knute Nelson (born Knud Evanger; February 2, 1843 – April 28, 1923) was an American attorney and politician active in Wisconsin and Minnesota. A Republican, he served in state and national positions: he was elected to the Wisconsin and Minnesot ...
. Butler was confirmed by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
on December 21, 1922, by a 61–8 vote,
[ and took the judicial oath of office on January 2, 1923.][
]
Court service
As an associate justice, Butler vigorously opposed regulation of business and the implementation of welfare programs by the federal government (as unconstitutional). During the Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
, he ruled against the constitutionality of many "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 ...
" laws – 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 ...
and the National Recovery Administration
The National Recovery Administration (NRA) was a prime agency established by U.S. president Franklin D. Roosevelt (FDR) in 1933. The goal of the administration was to eliminate "cut throat competition" by bringing industry, labor, and governmen ...
– which had been supported by his fellow Democrat 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 ...
. This earned him a place among the so-called "Four Horsemen
The Four Horsemen of the Apocalypse are figures in the Christian scriptures, first appearing in the Book of Revelation, a piece of apocalypse literature written by John of Patmos.
Revelation 6 tells of a book or scroll in God's right hand tha ...
," which also included James Clark McReynolds
James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an associate justice of the Supreme Court of the Unite ...
, George Sutherland
George Alexander Sutherland (March 25, 1862July 18, 1942) 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 repre ...
, and 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 ...
. During his sixteen years on the bench, Justice Butler authored 327 majority opinions as well as 50 minority opinions.
He wrote the majority opinion (6–3) in ''United States v. Schwimmer
''United States v. Schwimmer'', 279 U.S. 644 (1929), was a case decided by the Supreme Court of the United States.
It concerned a pacifist applicant for naturalization who in the interview declared not to be willing to "take up arms personally" ...
,'' in which the Hungarian immigrant's application for citizenship was denied because of her candid refusal to take an oath to "take up arms" for her adopted country.
In ''Palko v. Connecticut
''Palko v. Connecticut'', 302 U.S. 319 (1937), was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.
Background
In 1935, Frank Palko, a Connecticut resident, broke into a ...
'', Butler was the lone dissenter; the rest of the justices believed that a state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
was not restrained from trying a man a second time for the same crime. Butler believed this violated the Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
.
He sided with the majority in ''Pierce v. Society of Sisters
''Pierce v. Society of Sisters'', 268 U.S. 510 (1925), was an early 20th-century United States Supreme Court decision striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage ...
'', holding unconstitutional an Oregon state law that prohibited parents from sending their children to private or religious schools.
In the 1927 decision for ''Buck v. Bell
''Buck v. Bell'', 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including th ...
,'' Butler was the only Justice who dissented from the 8–1 ruling and Justice Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the Un ...
's opinion holding that the forced sterilization of an allegedly "feeble-minded" woman in Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
was constitutional. Holmes believed that Butler's religion influenced his thinking in ''Buck'', remarking that "Butler knows this is good law, I wonder whether he will have the courage to vote with us in spite of his religion." Although Butler dissented in both ''Buck'' and ''Palko'', he did not write a dissenting opinion in either case; the practice of a Justice's noting a dissent without opinion was much more common then than it would be in the later 20th and early 21st centuries.
Another consequential dissent was from the opinion expressed in ''Olmstead v. United States
''Olmstead v. United States'', 277 U.S. 438 (1928), was a decision of the Supreme Court of the United States, on the matter of whether wiretapping of private telephone conversations, obtained by federal agents without a search warrant and subsequ ...
'', which upheld federal wiretapping
Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitorin ...
. He took an expansive view of 4th Amendment protections.
Death and legacy
On November 15, 1939, Butler went into a 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, ...
, hospital for "a minor ailment" but died in the early morning hours of November 16, at the age of 73 while still on the Court. He was the last serving Supreme Court Justice appointed by President Harding. He is buried in Calvary Cemetery in St. Paul.
The bulk of his and his family's collected papers are with the Minnesota Historical Society
The Minnesota Historical Society (MNHS) is a nonprofit educational and cultural institution dedicated to preserving the history of the U.S. state of Minnesota. It was founded by the territorial legislature in 1849, almost a decade before statehoo ...
. Other papers are collected elsewhere.
Pierce Butler Route in Saint Paul, Minnesota
Saint Paul (abbreviated St. Paul) is the List of capitals in the United States, capital of the U.S. state of Minnesota and the county seat of Ramsey County, Minnesota, Ramsey County. Situated on high bluffs overlooking a bend in the Mississip ...
, is named in honor of Butler.
See also
*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 Justice of the Supreme ...
*
*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, and so they serve until they die, resign, retir ...
*
*List of United States Supreme Court cases by the Taft Court
This is a partial chronological list of cases decided by the United States Supreme Court during the Taft Court, the tenure of Chief Justice William Howard Taft
William Howard Taft (September 15, 1857March 8, 1930) was the 27th preside ...
References
Sources
*
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*
Further reading
*
*
*
*
*
*
Access via Proquest Digital Dissertations. Paper AAI3357971.
*
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External links
*
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{{DEFAULTSORT:Butler, Pierce
1866 births
1939 deaths
20th-century American judges
American people of Irish descent
Carleton College alumni
Minnesota Democrats
Minnesota lawyers
People from Dakota County, Minnesota
United States federal judges appointed by Warren G. Harding
Justices of the Supreme Court of the United States
United States federal judges admitted to the practice of law by reading law
Catholics from Minnesota
Old Right (United States)