Scorpions: An Analysis

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Over the course of his career, President Franklin Delano Roosevelt appointed a total of seven justices to the United States Supreme Court. Professor of Law at Harvard, and author, Noah Feldman, focuses on the background and evolution of four of FDR’s most influential justice appointees—Felix Frankfurter, Hugo Black, William O. Douglas, and Robert Jackson— throughout his book Scorpions. In the Supreme Court of FDR, and in our modern-day court, one often wonders how justices’ rulings are influenced. Throughout Scorpions, one may see FDR’s justices’ voting behavior demonstrates that a justice’s background, and their friendships, or vendettas against other members on the court, may impact voting behavior. In addition, there may be different degrees …show more content…
While there do exist constraints, the attitudinal model is correct in assuming that personal factors influence justice’s voting behaviors. Justice Hugo Black was President Roosevelt’s first choice to the Supreme Court. While many saw Black as an unconventional choice, the Alabama Senator became a prominent politician in the south, who had supported Roosevelt’s court packing plan. Although Black seemed a safe choice, the senator harbored a dark past. In order to enhance his political career, Black joined the Ku Klux Klan (57). Black’s reasoning for membership was said to have been for pure political gain, and during the mid-1920’s the Klan was a powerful national organization, with considerable political influence in Alabama. After his election to Congress, Black turned his back on the Klan. Believing the incident of membership behind him, Black accepted the nomination to the Supreme Court, and refused to answer any questions pertaining to the KKK. While the Senator was confirmed to the Supreme Court with ease, subsequent years revealed the details of his Klan membership to the public, resulting in mass outcry. Black apologized over a radio broadcast, which saved …show more content…
Justice Felix Frankfurter was the leading intellectual scholar on the Supreme Court. Immigrating to the United States from Vienna when he was just a boy, Frankfurter worked his way up from humble beginnings to become one of the most prestigious lawyers, and leading liberals in the country. While Frankfurter was obviously a brilliant man, his Jewish heritage influenced his life in multiple ways. In the era of WWII, anti-Semitism ran rampant throughout the United States. When Supreme Court Justice Cardozo died, Roosevelt was hesitant to appoint Frankfurter to the Court, for fear of angering anti-Semites (158). In the end Frankfurter was appointed, but not without considerable hardships during his confirmation process. Throughout his career, Frankfurter’s Jewish heritage was very apparent; yet, over the years it became clear that “the Constitution had replaced Judaism as his religion.” (233). Where his religion once stood the primary consideration in his life, the constitution became his new faith, and Frankfurter claimed it was liberalism that would abandon his views (233). Adherence to the Constitution, and judicial restraint, became obvious in his many rulings in court. In the infamous case of Korematsu vs. United States, Frankfurter held steadfast to his beliefs that “the Constitution did not break down in times of war” (252). However, this case would

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