Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made, joins Kate and Melissa to discuss the Supreme Court during WWII, the relationship between sitting justices and the government, and the complex political story of FDR's choice for running mate. They also explore Texas' lawsuit against the United States at the border, highlighting the legal arguments and implications for states' resistance to federal power.
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Quick takeaways
The Supreme Court had a close and cozy relationship with President Franklin D. Roosevelt during World War II, with justices appointed by him and involved in various policy matters and informal assignments in the government.
The justices appointed by FDR during World War II had diverse backgrounds and experiences, bringing a range of perspectives and expertise to the court and influencing their approach to decision-making.
The Supreme Court justices actively supported the war effort during World War II, serving in various capacities in the executive branch, advising on military decisions, suggesting policy ideas, and publicly speaking in support of FDR and the war.
Deep dives
Cozy Relationship Between FDR and the Supreme Court
During World War II, the Supreme Court had a close and cozy relationship with President Franklin D. Roosevelt. The justices were appointed by FDR, who viewed them as part of his official and personal family. They admired and revered him, and he valued their intellect and ideas. They were involved in various policy matters, legal strategy, and even informal assignments in the government, including overseeing commissions and advising on legislation. This level of coziness was unusual, but not widely criticized at the time.
Diverse Backgrounds and Experiences of the Justices
The justices during World War II had diverse backgrounds and experiences. Most of them had lived large public lives before joining the Supreme Court, with careers as former senators, governors, attorneys general, and public intellectuals. This contrasted with the current trend of appointing justices with predominantly federal judicial experience. FDR's justices brought a range of perspectives and expertise to the court, and this diversity of backgrounds influenced their approach to decision-making.
Influence of the Supreme Court on the War Effort
The justices played an active role in supporting the war effort. They advised and served in various capacities in the executive branch, including assisting with military decisions, suggesting policy ideas, and participating in commissions. They publicly spoke in support of FDR and the war, even coordinating with the White House on speeches and public statements. The extent of their involvement was breathtaking, with some justices even vying for political positions, like becoming FDR's running mate in the 1944 election.
Notable Supreme Court Cases During the War
One notable Supreme Court case during World War II was Ex parte Quirin, which dealt with military tribunals. Nazi saboteurs had landed in the United States with the intent to commit acts of sabotage. The case raised issues of due process and the jurisdiction of military courts. The Supreme Court ruled in favor of the military tribunals, allowing for the trial and execution of the saboteurs. This case, along with others related to civil liberties and enemy combatants, demonstrated the complex decisions and challenges the Supreme Court faced during the war.
The Court's Divisions
The podcast discusses the deep divisions within the Supreme Court during World War II, particularly between justices Hugo Black and Felix Frankfurter. These divisions were not only based on ideological differences but also personal animosity. Chief Justice Harlan Fiske Stone was unable to bring unity to the court.
Important Precedents at Risk
The podcast highlights several landmark decisions made by the court during this period that are now under threat. The Skinner case, which recognized reproductive freedom and equal protection, is cited in Roe v. Wade and marriage equality cases but is now endangered by recent court rulings. Similarly, the Smith v. Allwright decision on voting rights and the court's wartime deference to the government face challenges in the current court's approach.
Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made.