The Lawfare Podcast Lawfare Archive: The Court at War
Jun 15, 2025
In this engaging discussion, Cliff Sloan, a Georgetown Law Center professor and author of 'The Court at War', delves into the Supreme Court's controversial rulings during World War II. He sheds light on the personal ties between justices and President Roosevelt, and how these relationships influenced landmark decisions like Korematsu and Quirin. Sloan also addresses the court's simultaneous rights-expanding decisions amidst wartime pressures, balancing personal anecdotes with important historical insights.
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FDR's Supreme Court Influence
- FDR appointed seven of nine Supreme Court justices, creating a "pure Roosevelt court."
- Many justices had close personal and political relationships with Roosevelt during WWII.
Justices Engaged in War Effort
- Justices actively supported FDR's war efforts by giving speeches, conducting investigations, and even enlisting in the military.
- For example, Frank Murphy enlisted as a lieutenant colonel and continued Supreme Court work at night.
War and Personal Bonds Shape Decisions
- Justices’ personal involvement in WWII and close ties to FDR influenced their judicial decisions.
- Justice Reed sought FDR's guidance for his Supreme Court role; after FDR's death, Reed felt freer to vote his conscience.
