Democratic justice Felix Frankfurter, the Supreme Court, and the making of the liberal establishment

Brad Snyder, 1972-

Book - 2022

"The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. Scholars have portrayed Felix Frankfurter-Harvard law professor and Supreme Court justice-as a judicial failure, a liberal lawyer turned conservative justice, and Warren Court villain. Yet as Brad Snyder reveals, Frankfurter was a pro-government, pro-civil rights liberal. He helped found the ACLU, rejected shifting political labels, and practiced judicial restraint. A disciple of Oliver Wendell Holmes and a protégé of Louis Brandeis, he thrived as a power broker for FDR and as a talent scout for the liberal establishment. (Former students and clerks included Dean Acheson, Elliot Richardson, and Richard G...oodwin.) This sweeping narrative illuminates how an Austrian immigrant befriended presidents from Theodore Roosevelt to Lyndon Johnson, led calls for a new trial for Sacco and Vanzetti, and helped achieve a unanimous opinion in Brown v. Board of Education. The result is a full and fascinating portrait of a lawyer and Supreme Court justice who championed democracy"--

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Subjects
Genres
Biographies
Published
New York, NY : W.W. Norton & Company [2022]
Language
English
Main Author
Brad Snyder, 1972- (author)
Edition
First edition
Physical Description
979 pages, 16 unnumbered pages of plates : illustrations (black and white) ; 25 cm
Bibliography
Includes bibliographical references (pages 917-934) and index.
ISBN
9781324004875
  • Introduction: A Presidential Visit
  • Chapter 1. Miss Hogan
  • Chapter 2. A Quasi-Religious Feeling
  • Chapter 3. The Dominant Impulses of Your Nature
  • Chapter 4. The House of Truth
  • Chapter 5. To a Man, We Want Frankfurter
  • Chapter 6. Not Brandeis's Fight, but Our Fight
  • Chapter 7. These Days We Are All Soldiers
  • Chapter 8. Personalia in Paris
  • Chapter 9. A Dangerous Man
  • Chapter 10. The Possible Gain Isn't Worth the Cost
  • Chapter 11. The True Function of a "Liberal"
  • Chapter 12. Let Mr. Lowell Resign
  • Chapter 13. The Most Useful Lawyer in the United States
  • Chapter 14. From the Outside
  • Chapter 15. The Happy Hot Dogs
  • Chapter 16. Charming Exile
  • Chapter 17. The Most Influential Single Individual in the United States
  • Chapter 18. An Awful Shock
  • Chapter 19. Sorta Tough Ain't It!
  • Chapter 20. The Oddest Collection of People
  • Chapter 21. The Brandeis Way
  • Chapter 22. Preaching the True Democratic Faith
  • Chapter 23. Uncle Felix and Aunt Marion
  • Chapter 24. F. F.'s Soliloquy
  • Chapter 25. A Great Enemy of Liberalism
  • Chapter 26. Race, Redemption, and Roosevelt
  • Chapter 27. The Real Architect of the Victory
  • Chapter 28. Frankfurter against Black
  • Chapter 29. My Eyes Hath Seen the Glory of the Coming of the Lord
  • Chapter 30. I Don't Care What Color a Man Has
  • Chapter 31. The Frankfurter Cult on Trial
  • Chapter 32. The First Solid Piece of Evidence There Really Is a God
  • Chapter 33. The Wise Use of Time
  • Chapter 34. All Deliberate Speed
  • Chapter 35. Red Monday
  • Chapter 36. The Judicial Response to Little Rock
  • Chapter 37. A Health Scare
  • Chapter 38. The Political Thicket
  • Chapter 39. Father to Them All
  • Epilogue
  • Acknowledgments
  • Abbreviations
  • Notes
  • Selected Bibliography
  • Index
Review by Publisher's Weekly Review

Georgetown law professor Snyder (A Well-Paid Slave) takes the full measure of Supreme Court justice Felix Frankfurter (1882--1965) in this multidimensional portrait. Along the way, Snyder illuminates the anticommunist Palmer raids of 1919 and 1920, the prosecution of accused terrorists Sacco and Vanzetti, the fight to implement the New Deal, the internment of Japanese Americans during WWII, Brown v. Board of Education, and more. Paying close attention to Frankfurter's influence as an adviser and talent scout for Franklin Roosevelt and other Democratic presidents, Snyder suggests that the justice's greatest contribution to liberal democracy may have been to help guide many of his former clerks and Harvard Law School students, including secretary of state Dean Acheson and Kennedy adviser Richard Goodwin, into public service. Light is also shed on the rivalry between Frankfurter, who firmly believed "that the powers of Congress and the president trumped those of the Supreme Court," and justices Earl Warren, Hugo Black, and William O. Douglas, whom he accused of being "judicial supremacists." Occasional criticism of Frankfurter's decisions, including his upholding of the military-ordered exclusion of Japanese Americans from the West Coast, is softened by Snyder's support for his subject's commitment to judicial restraint. The book's prodigious research impresses, offering valuable insights into the deliberations and power plays behind landmark cases and major legislation. This is the definitive biography of a towering judicial figure. (Aug.)

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Review by Library Journal Review

A professor of constitutional law and 20th-century U.S. legal history at Georgetown University Law Center, Snyder aims to provide a new and in-depth look at Supreme Court justice Felix Frankfurter, the progressive lawyer who became a champion of judicial self-restraint once he was named to the Court. At over 1,000 pages, a hefty biography.

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Review by Kirkus Book Review

A well-worth-the-effort doorstop study of an indispensable American jurist. In this powerhouse portrait, Snyder, a professor of constitutional law and legal history, offers a definitive life of Felix Frankfurter (1882-1965), the often misrepresented justice appointed by Franklin Roosevelt who served during an era of liberal sea change in the Supreme Court--best illustrated by Brown v. Board of Education. Born in Vienna, Frankfurter moved to the U.S. with his family when he was 12, and he graduated first in his class from Harvard Law School. Throughout his career, he was known for his judicial restraint. He believed that socio-economic change should be primarily effected through the democratic process, via legislative action by elected representatives. Though he was reluctant to allow the highest court to "enter [the] political thicket," Frankfurter believed its power was essential in securing civil rights for Black Americans. Snyder delves into every aspect of his subject's extraordinary life: his earliest days as an immigrant immersed in New York City public schools and trying to learn English; his remarkable success in law school and as editor of the Harvard Law Review; his service under his mentor, Henry Stimson, when he was still in his 20s and eager to join Theodore Roosevelt's crusade for "robust federal government." As the author writes, "Roosevelt was the leader who could implement James Bradley Thayer's ideas about limiting judicial review while empowering the federal government." Other powerful influences included Frankfurter's "judicial idols," Oliver Wendell Holmes Jr. and Louis D. Brandeis, who championed the notion that law could serve the public good. Above all, Snyder capably demonstrates how Frankfurter "played a major role in the creation of a liberal establishment." His far-reaching legacy, which the author masterfully captures, can be seen in his writings in the fledgling New Republic, his lifelong mentoring at Harvard Law, and his long career advising presidents and top players across the political spectrum. An exemplary biography of a true public servant, especially refreshing in today's toxic political climate. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.