The Stone Court refers to the Supreme Court of the United States from 1941 to 1946, when Harlan F. Stone served as Chief Justice of the United States. Stone succeeded the retiring

Charles Evans Hughes Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician 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 ...

in 1941, and served as Chief Justice until his death, at which point

Fred Vinson Frederick "Fred" Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to ...

was nominated and confirmed as Stone's replacement. He was the fourth chief justice to have previously served as an associate justice and the second to have done so without a break in tenure (after

Edward Douglass White Edward Douglass White Jr. (November 3, 1844 – May 19, 1921) was an American politician and jurist from Louisiana. White was a U.S. Supreme Court justice for 27 years, first as an associate justice from 1894 to 1910, then as the ninth chief ...

). Presiding over the country during

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...

, the Stone Court delivered several important war-time rulings, such as in '' Ex parte Quirin'', where it upheld the President's power to try

Nazi Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...

saboteurs captured on American soil by

military tribunals Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bo ...

. He also supported the federal government's policy of relocating Japanese Americans into internment camps.

Membership

The Stone Court began in 1941, when Associate Justice Stone was confirmed to replace Charles Evans Hughes as Chief Justice. Stone had served as an Associate Justice since 1925, when President Calvin Coolidge nominated him to the bench. During the Court's 1932–37 terms, Stone and justices

Brandeis Brandeis is a surname. People *Antonietta Brandeis (1848–1926), Czech-born Italian painter *Brandeis Marshall, American data scientist * Friedl Dicker-Brandeis, Austrian artist and Holocaust victim * Irma Brandeis, American Dante scholar * Loui ...

and

Cardozo Cardozo is a Portuguese and Spanish surname. It is an archaic spelling of the surname "Cardoso (surname), Cardoso". Notable people with this surname *Aaron Cardozo (1762–1834), Gibraltarian consul for Tunis and Algiers *Albert Cardozo (1828–18 ...

formed a liberal bloc called the

Three Musketeers 3 is a number, numeral, and glyph. 3, three, or III may also refer to: * AD 3, the third year of the AD era * 3 BC, the third year before the AD era * March, the third month Books * '' Three of Them'' (Russian: ', literally, "three"), a 1901 ...

that generally voted to uphold the constitutionality of the New Deal. At the beginning of Stone's chief-justiceship, the Court consisted of Stone,

Owen Roberts Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court from 1930 to 1945. He also led two Roberts Commissions, the first of which investigated the attack on Pearl Harbor, and the sec ...

, Hugo Black,

Stanley F. Reed Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States, Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also ser ...

Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...

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 ci ...

Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...

James F. Byrnes James Francis Byrnes ( ; May 2, 1882 – April 9, 1972) was an American judge and politician from South Carolina. A member of the Democratic Party, he served in U.S. Congress and on the U.S. Supreme Court, as well as in the executive branch, ...

, and Robert H. Jackson (the latter two joined the court days after Stone's elevation to Chief Justice). In October 1942, Byrnes resigned from the court to become the war-time Director of the

Office of Economic Stabilization The Office of Economic Stabilization was established within the United States Office for Emergency Management on October 3, 1942, pursuant to the Stabilization Act of 1942, as a means to control inflation during World War II through regulations on ...

; Roosevelt appointed

Wiley Blount Rutledge Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Frankli ...

as his replacement.

retired in July 1945, and President

Harry Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...

appointed

Harold Hitz Burton Harold Hitz Burton (June 22, 1888 – October 28, 1964) was an American politician and lawyer. He served as the 45th mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court of the United Sta ...

to replace him. Shortly before

V-E Day Victory in Europe Day is the day celebrating the formal acceptance by the Allies of World War II of Germany's unconditional surrender of its armed forces on Tuesday, 8 May 1945, marking the official end of World War II in Europe in the Easte ...

, Truman named Justice Jackson to serve as U.S. Chief of Counsel for the prosecution of high-ranking

German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...

officials accused of war crimes at the 1945–46

Nuremberg trials The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded m ...

. As a result, Jackson was absent for one entire Court term, and his fellow justices had to do an extra amount of work during the term. Stone died on April 22, 1946 after suffering a cerebral hemorrhage. Truman subsequently appointed

as Stone's successor.

Timeline

Other branches

Presidents during this court included Franklin Delano Roosevelt and

Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...

. Congresses during this court included 77th through the 79th United States Congresses.

Rulings of the Court

Major rulings of the Stone Court include: *'' Glasser v. United States'' (1942): In a 7–2 decision written by Justice Murphy, the court reversed a criminal conviction on the basis that the defense attorney had a conflict of interest. The court also ruled that the exclusion of women from the

jury pool Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. ...

violated the Sixth Amendment's Impartial Jury Clause. The court held that jury pools should be a "cross-section of the community." *''

Betts v. Brady ''Betts v. Brady'', 316 U.S. 455 (1942), was a landmark United States Supreme Court case that denied counsel to indigent defendants prosecuted by a state. The reinforcement that such a case is not to be reckoned as denial of fundamental due proce ...

'' (1942): In a 6–3 decision written by Justice Roberts, the court ruled that

indigent Poverty is the state of having few material possessions or little

income

defendants did not have the right to an appointed counsel in state courts under the Due Process Clause. The case was overruled by ''

Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...

'' (1963). *''

Wickard v. Filburn ''Wickard v. Filburn'', 317 U.S. 111 (1942), is a United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New ...

'' (1942): In a unanimous decision written by Justice Jackson, the court upheld wheat production quotas established by the Agricultural Adjustment Act of 1938. The appellant argued that the production quotas overstepped the powers granted to Congress by the

Interstate Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...

, as the appellant used the wheat to feed his own animals. However, the court ruled that the farmer would have bought more wheat had he not grown his own, thus affecting interstate commerce. *'' West Virginia State Board of Education v. Barnette'' (1943): In a 6–3 decision written by Justice Jackson, the court held that the

Free Speech Clause The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, th ...

protected students from being forced to salute the American flag or recite the

Pledge of Allegiance The Pledge of Allegiance of the United States is a patriotic recited verse that promises allegiance to the flag of the United States and the republic of the United States of America. The first version, with a text different from the one used ...

. The case overruled '' Minersville School District v. Gobitis'', which had been decided just three years earlier by many of the same justices. *''

Smith v. Allwright ''Smith v. Allwright'', 321 U.S. 649 (1944), was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Texas state law that authorized parties to set thei ...

'' (1944): In an 8–1 decision written by Justice Reed, the court struck down a Texas law that allowed

white primaries White primaries were primary elections held in the Southern United States in which only white voters were permitted to participate. Statewide white primaries were established by the state Democratic Party units or by state legislatures in South ...

. The case overruled '' Grovey v. Townsend'' (1935), which had held white primaries to be constitutional on the basis that political parties are private organizations. *'' Korematsu v. United States'' (1944): In a 6–3 decision written by Justice Black, the court upheld Executive Order 9066, which ordered the internment of tens of thousands of Japanese Americans living in the West Coast, many of whom were

United States citizens Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...

. The court accepted the government's argument that the order was a matter of "military urgency". Legal scholars have denounced the ruling as one of the worst and most racist in American history, the other being ''

Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; th ...

'' and ''

Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in qualit ...

''. In 2011, the Solicitor General's Office publicly disavowed the ruling. The case was overruled by ''

Trump v. Hawaii ''Trump v. Hawaii'', No. 17-965, 585 U.S. ___ (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from sever ...

'' (2018). *''

International Shoe Co. v. Washington ''International Shoe Co. v. Washington'', 326 U.S. 310 (1945), was a landmark decision of the Supreme Court of the United States in which the Court held that a party, particularly a corporation, may be subject to the jurisdiction of a state court ...

'' (1945): In an 8–0 decision written by Justice Black, the court held that parties could be subject to the

personal jurisdiction Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...

of a state court if said parties have "minimum contacts" with the state. The court rejected the appellant's argument that the company should not fall under the jurisdiction of the state of Washington since it did not maintain a permanent "situs" of business in the state, despite doing business in the state.

Judicial philosophy

Stone had largely sided with the government's position when 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 ...

struck down several pieces of New Deal legislation, and the Stone Court (with the addition of several Roosevelt appointees) consistently upheld Congressional power pursuant to the Commerce Clause. The Stone Court also upheld broad war-time powers for the government. The Stone Court was less deferential in the area of civil liberties, striking down laws in cases such as ''Barnett'', although ''Korematsu'' was a major exception to this trend. Despite Roosevelt's appointment of seven of the nine justices (and the elevation of Stone), the justices held independent views and often found each other at odds in regard to civil liberties. Stone himself received criticism for presiding over a divided and quarrelsome court.Renstrom, 40-42 Justice Frankfurter often took a position supporting

judicial restraint Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities; it is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions shou ...

in which the court took deference to the decisions of elected officials, while Justices Black and Douglas were more willing to strike down laws and precedents for what they saw as violations of constitutional rights. Murphy and Rutledge joined Black and Douglas as part of the more liberal bloc, while Jackson, Reed, and Stone tended to side with Frankfurter. Roberts often sided with the Frankfurter bloc, but was more conservative than the other eight justices. Though outnumbered, the more liberal bloc led by Black and Douglas often took the majority in cases by peeling off the votes from the moderate bloc, and the two groupings of justices did not form as tight of blocs as had existed in the Hughes Court. The short length of the Stone Court gave it little chance to establish a definitive legacy. However, the Stone Court continued the Constitutional Revolution of 1937 that had started during the Hughes Court and foreshadowed the liberal rulings of the

Warren Court The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until ...

.Galloway, Jr., 527-531

Membership

Timeline

Other branches

Rulings of the Court

Judicial philosophy

References

Further reading

Works centering on the Stone Court

Works centering on Stone Court justices

Other relevant works