George Sutherland

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This article is about the English-born U.S. jurist and political figure. For the Scottish-born Australian writer, see George Sutherland (author).

George Sutherland (March 25, 1862July 18, 1942) was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S. Supreme Court between 1922 and 1938.

Born in Buckinghamshire, England, United Kingdom, Sutherland immigrated to the United States with his parents in 1863 to join the community of Latter-day Saints (Mormons) in Springville, Utah. Sutherland graduated from the University of Michigan law school, and was admitted to the Utah bar in 1883. He was known for his representation of railroads.

He served as a Congressman from Utah during the 57th Congress (19011903). Sutherland was a U.S. Senator representing Utah from 1905 to 1917. He was a Republican. Sutherland's parents had left the Latter-day Saints church and become Presbyterians while Sutherland was still a child, and his political career was probably stunted in Utah as a result of his no longer being a Mormon. Utah history books rarely mentioned him, prior to 1985.

Sutherland was also President of the American Bar Association from 19161917.

During Franklin Roosevelt's early years in office, Justice Sutherland along with James Clark McReynolds, Pierce Butler and Willis Van Devanter was part of the conservative Four Horsemen who were instrumental in striking down New Deal legislation. Important decisions he authored include the 1932 case Powell v. Alabama, overturning a conviction in the Scottsboro Boys Case because the defendant, Ozie Powell, was deprived of his right to counsel, and U.S. v. Curtiss-Wright Export Corp..

In United States v. Bhagat Singh Thind, his vague construction of the Caucasian race with the unmerited application of the common man test classified Indians as belonging to the Asian race despite anthropoligcal assumptions on the contrary. This ruling lead to deny Thind of the possibility of naturalized citizenship.


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Preceded by:
Thomas Kearns
U.S. Senator (Class 1) from Utah
1905 - 1917
Succeeded by:
William H. King
Preceded by:
John Hessin Clarke
Associate Justice of the Supreme Court of the United States
October 2, 1922January 13, 1938
Succeeded by:
Stanley Forman Reed


The Taft Court Seal of the U.S. Supreme Court
1922: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland
1923–1925: J. McKenna | O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford
1925–1930: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford | H.F. Stone
The Hughes Court
February–March 1930: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford | H.F. Stone
June 1930–1932: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts
1932–1937: W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts | B.N. Cardozo
1937–1938: J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts | B.N. Cardozo | H. Black