Taft Court
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The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when
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 ...
served as Chief Justice of the United States. Taft succeeded
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 ...
as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point
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 ...
was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th
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 ...
(1909–13); he is the only person to serve as both President of the United States and Chief Justice. The Taft Court continued the ''
Lochner era The ''Lochner'' era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's o ...
'' and largely reflected the conservatism of the 1920s. The Taft Court is also notable for being the first court able to exert some control over its own docket, as the
Judiciary Act of 1925 The Judiciary Act of 1925 (43 Stat. 936), also known as the Judge's Bill or Certiorari Act, was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States. Background Although the Judiciary A ...
instituted the requirement that almost all cases receive a writ of certiorari from four justices before appearing before the Supreme Court.


Membership

The Taft Court began in 1921 when President
Warren 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 ...
appointed former President William Howard Taft to replace Chief Justice Edward Douglass White, who Taft himself had made Chief Justice in 1910. The Taft Court began with Taft and eight members of the White Court: Joseph McKenna,
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 ...
, William R. Day, Willis Van Devanter,
Mahlon Pitney Mahlon R. Pitney IV (February 5, 1858 – December 9, 1924) 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. Suprem ...
,
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 ...
, Louis Brandeis, and
John Hessin Clarke John Hessin Clarke (September 18, 1857 – March 22, 1945) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1916 to 1922. Early life Born in New Lisbon, Ohio, Clarke was the third and y ...
. In 1922 and 1923, Harding appointed
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 ...
,
Pierce Butler Pierce or Piers Butler may refer to: *Piers Butler, 8th Earl of Ormond (c. 1467 – 26 August 1539), Anglo-Irish nobleman in the Peerage of Ireland *Piers Butler, 3rd Viscount Galmoye (1652–1740), Anglo-Irish nobleman in the Peerage of Ireland * P ...
, and
Edward Terry Sanford Edward Terry Sanford (July 23, 1865 – March 8, 1930) was an American jurist who served as an Associate Justice of the United States Supreme Court from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as a ...
to replace Day, Pitney, and Clarke. In 1925, President Calvin Coolidge appointed Harlan F. Stone to replace the retiring McKenna.


Timeline


1925 photo


Other branches

Presidents during this court included
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 ...
, Calvin Coolidge, and
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 ...
. Congresses during this court included 67th through the 71st United States Congresses.


Selected Rulings of the Court

*'' Pennsylvania Coal Co. v. Mahon'' (1922): In a decision written by Justice Holmes, the court established the doctrine of regulatory taking under the
Takings Clause The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amen ...
. *''
Federal Baseball Club v. National League ''Federal Baseball Club v. National League'', 259 U.S. 200 (1922), is a case in which the U.S. Supreme Court ruled that the Sherman Antitrust Act did not apply to Major League Baseball. Background After the Federal League folded in 1915, most of ...
'' (1922): In a unanimous decision written by Justice Holmes, the court held that
Major League Baseball Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (AL), ...
operations did not qualify as
interstate commerce 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 amo ...
and hence that the league was exempt from the
Sherman Antitrust Act The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author. ...
. The suit had been brought by the owner of the Baltimore Terrapins of the
Federal League The Federal League of Base Ball Clubs, known simply as the Federal League, was an American professional baseball league that played its first season as a minor league in 1913 and operated as a "third major league", in competition with the e ...
, the last major league to compete with Major League Baseball. *''
Bailey v. Drexel Furniture Co. ''Bailey v. Drexel Furniture Co.'', 259 U.S. 20 (1922), was a United States Supreme Court case in which the Court ruled the 1919 Child Labor Tax Law unconstitutional as an improper attempt by Congress to penalize employers using child labor. Th ...
'' (1922): In an 8–1 decision delivered by Justice Taft, the court struck down the 1919 Child Labor Tax Law, which Congress had passed to tax companies using
child labor Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...
. The court held that the tax was not a true tax, but rather a regulation on businesses using child labor, and thus a violation of the Tenth Amendment which the court held was charged with such regulation. *'' Moore v. Dempsey'' (1923): In a 6-2 decision written by Justice Holmes, the court held that mob interference in a criminal trial violates due process, and that federal courts could protect against due process violations in trials held by state courts. It was the first Supreme Court case in the 20th century that protected the civil rights of African Americans in the South. *'' Adkins v. Children's Hospital'' (1923): In a 5-3 decision written by Justice Sutherland, the court struck down a national minimum wage law for women. The court held that minimum wage laws violate freedom of contract, a doctrine established in '' Lochner v. New York'' (1905). ''Adkins'' was overruled by '' West Coast Hotel Co. v. Parrish'' (1937). *''
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 ...
'' (1925): In a unanimous decision written by Justice McReynolds, the court struck down the Oregon Compulsory Education Act, which had required children to attend only public schools; the law included several exceptions, and was mostly targeted at parochial schools. The court held that the law violated due process. *''
Gitlow v. New York ''Gitlow v. New York'', 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of spe ...
'' (1925): In a 7–2 decision written by Justice Sanford, the court held that the Due Process Clause of the Fourteenth Amendment extended freedom of speech and freedom of the press protections of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
to the states. However, the court upheld the conviction of the defendant, socialist
Benjamin Gitlow Benjamin Gitlow (December 22, 1891 – July 19, 1965) was a prominent American socialist politician of the early 20th century and a founding member of the Communist Party USA. During the end of the 1930s, Gitlow turned to conservatism and wrote t ...
, on the basis that Gitlow's speech represented a danger to the country under the
bad tendency In U.S. law, the bad tendency principle was a test that permitted restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. The principle, formulated in '' Patte ...
test. This was the first of several cases that incorporated the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
against the states. *'' Carroll v. United States'' (1925): In a 7–2 decision written by Justice Taft, the court created the
motor vehicle exception The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle ...
, which allows warrantless searches of automobiles. *''
Village of Euclid v. Ambler Realty Co. ''Village of Euclid v. Ambler Realty Co.'', 272 U.S. 365 (1926), more commonly ''Euclid v. Ambler'', was a United States Supreme Court landmark case argued in 1926. It was the first significant case regarding the relatively new practice of zoning ...
'' (1926): In a 6–3 decision written by Justice Sutherland, the court upheld a local
zoning Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
measure as a valid use of police power. The court ruled that the local ordinace did not violate the Due Process Clause, as it was not discriminatory and had a
rational basis In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendmen ...
. *'' Buck v. Bell'' (1927): In an 8–1 decision written by Justice Holmes, the court upheld the
Racial Integrity Act of 1924 In 1924, the Virginia General Assembly enacted the Racial Integrity Act. The act reinforced racial segregation by prohibiting interracial marriage and classifying as "white" a person "who has no trace whatsoever of any blood other than Caucasia ...
, a Virginia statute authorizing
compulsory sterilization Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually done throug ...
of the intellectually disabled at some state institutions. *'' Lum v. Rice'' (1927): A unanimous opinion by Taft upheld a Mississippi school district's expulsion of a Chinese American student from a whites-only school on the grounds that Mississippi law did not consider Asians to be white, greatly expanding the scope of permissible racial discrimination in American schools until ''
Brown v. Board of Education ''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 ...
'' outlawed it 27 years later. *'' Olmstead v. United States'' (1928): In a 5–4 decision written by Justice Taft, the court upheld the conviction of Roy Olmstead and held that wiretapping private telephone conversations does not violate the Fourth Amendment or the Fifth Amendment. The case was overruled by '' Katz v. United States'' (1967).


Judicial philosophy

The Taft Court struck down numerous economic regulations in defense of a ''
laissez-faire ''Laissez-faire'' ( ; from french: laissez faire , ) is an economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies) deriving from special interest groups ...
'' economy, but largely avoided striking down laws that affected civil liberties.Galloway, Jr., 1-4 The court struck down both federal and state regulations, with the latter often being struck down on basis of the
dormant commerce clause The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The primary focus of the d ...
. The court also tended to take the side of businesses over unions, rarely intervened to protect minorities, and generally issued conservative rulings with regard to criminal procedure. During the preceding White Court, progressives came close to taking control of the court, but Harding's appointments shored up the conservative wing. Holmes and Brandeis (and Clarke, before his retirement) formed the progressive wing of the court and were more willing to uphold government regulations. McReynolds, Van Devanter, and the Harding appointees (Taft, Sutherland, Butler, and Sanford) made up the conservative bloc and frequently voted to strike down progressive legislation such as child labor laws. Van Devanter, Taft, Sutherland, Butler, and Sanford formed a cohesive quintet that often voted together, while McReynolds was more likely than the others to dissent from the right. McKenna was the lone swing judge following the departures of Pitney and Day, though McKenna became more conservative as he neared retirement. In 1925, President Calvin Coolidge appointed Attorney General Harlan F. Stone to replace McKenna, and Stone surprised many by aligning with Holmes and Brandeis.Galloway, Jr., 16-17


References


Further reading


Works centering on the Taft Court

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Works centering on Taft Court judges

* * * * , brief popular biography * * *


Other relevant works

* * * * * * * * * * * * * * * {{US1stAmendment Freedom of Speech Clause Taft Court case law 1920s in the United States United States Supreme Court history by court
Court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...