Talk:James Clark McReynolds

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Contents

[edit] McReynolds' unpleasantness

I have added more instances of McReynolds rude behavior to some of his Court brethren, as well as a comment by Taft on his general unpleasantness. I got this information from Henry J. Abraham's "Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Clinton", New and Revised Edition, Rowman & LIttlefield, 1999. If people think this is somewhat excessive, feel free to trim. Magidin 01:25, September 13, 2005 (UTC)

I may take a whack at it after I do some work on a similar William O. Douglas section, since the unpleasantness section currently reads more like an academic paper than an encylopedia entry and net net, really shouldn't be more prominent than an analysis of his opinions (which given his role as one of the Four Horsemen should be expanded). Old64mb 20:19, 10 June 2007 (UTC)

[edit] Term of office

According to this reference (PDF) from the official website of the Supreme Court, McReynolds started his term of office on October 12, 1914. I will be changing the text to match shortly.

— DLJessup (talk) 06:55, 9 January 2006 (UTC)

————

According to the same reference, McReynolds ended his term of office on January 31, 1941.

— DLJessup (talk) 07:00, 9 January 2006 (UTC)

[edit] McReynolds, his clerks, his attitude towards others

I added a lot of the trivia on the general unpleasantness of McReynolds to the article, based on both the "Oxford Guide to the Supreme Court", and Abraham's book quoted above. Recently, user User 68.5.250.146 has been removing them. He first called them "unsubstantiated allegations". I incorrectly refered to the Oxford Guide, and then after they were removed again, verified them in Abraham's book. In his recent revert, he claims the quotes are not provided in that book, calling it "slander." I have asked him on his talk page why he claims the quote is not there; I would also ask for his comments in this talk page, as a first step in dispute resolution. Magidin 13:56, 3 April 2007 (UTC)

Here are quotes from sundry sources in extenso, including the passage in question, to justify their inclusion in the article; also justifying the assertion that he was an anti-semite and not merely "accused" of being one by "his critics." From The Oxford Companion to the Supreme Court of the United States edited by Kermit L. Hall, 1992, in the article on McReynolds (pp. 542-543):

As a person, McReynolds was often rude, impatient, and sarcastic. He detested tobacco and prohibited others from smoking in his presence. His attitudes towards women, especially female attorneys, were likewise intolerant. Perhaps one of his least endearing characteristics was his thoroughgoing anti-Semitism, which preventedd him from being civil to his Jewish Brethren Brandeis and Cardozo.

From Justices, Presidents, and Senators. A History of the U.S. Supreme Court Appointments from Washington to Clinton, New and Revised Edition, by Henry J. Abraham; Rowman & Littlefield Publishers Inc, 1999. Chapter 8, pp. 133-135 (internal citations omitted):

James Clark McReynold's record and antics during his ensuing 27 years on the Court are legion. Politically and jurisprudentially, the lifelong bachelor, a confirmed mysogynist, came to embrace a philosophy of reaction to progress second to none, and in his personal demeanor on the bench was a disgrace to the Court. Manifesting blatant anti-Semitism, McReynolds refused to speak to Brandeis (the first Jew to sit on the Court) for three years following Brandeis's appointment, and he deliberately absented himself from Brandeis's retirement testimonial at the Court in 1939. He was only somewhat less obnoxious in his behavior to the gentle Benjamin Cardozo, during whose swearing-in ceremony he pointedly read a newspaper, muttering "another one." According to one of his law clerks, McReynolds never spoke to Cardozo at all. In 1922, McReynolds refused to accompany the Court to Philadelphia on a ceremonial occasion because, as he wrote to the exasperated Chief Justice Taft: "As you know, I am not always to be found when there is a Hebrew abroad. Therefore, my 'inability' to attend must not surprise you." And because McReynolds would not sit next to Brandeis (where he then belongedd on the basis of seniority) for the Court's annual picture-taking session in 1924, Taft decided that no Court picture would be taken that year. On sundry occassions he would stalk from the conference table when Brandeis spoke, listening at the outside door until Brandeis finished, and then return to his seat. Nor would McReynolds sign the customary dedicatory letter sent routinely to all Court members on their retirement when that time came for Brandeis in 1939; nor would he attend Frankfurter's robing ceremonies ("My God, Another Jew on the Court!") earlier in 1939. McReynolds also disliked Harlan Stone and his jurisprudence and carped about almost every opinion Stone wrote. When, on one occasion, Stone observed to McReynolds that a particular attorney's brief had been "the dullest argument" he had heard, McReynolds, in typically abrasive and tactless fashion, replied, "The only thing duller I can think of is to hear you read one of your opinions." Another one of his targets was the gentle John Hessin Clarke, whose voting record on the bench equally displeased him, especially becaused he had thought of Clarke as one of his protégés. Although McReynold's[sic] enmity was not decisive in Clarke's resignation from the Court in 1922, it clearly contributed to his resolve to leave. "McReynolds," he wrote to Woodrow Wilson, "as you know, is the most reactionary judge on the Court. There are many other things which had better not be set down in black and white." And ex-President Taft not only considered McReynolds weak, he regarded him as a selfish, prejudiced, bigoted person "and one who seems to delight in making others uncomfortable. He has no sense of duty! He is a continual grouch." After FDR entered the White House, McReynolds refused to attend receptions there and on one occasion would not stand when the president entered the room. Justice McReynolds's bigoted personality became evidente quickly: he would not accept "Jews, drinkers, blacks, women, smokers, married or engaged individuals as law clerks"; and, according to Justice Douglas, he once asked a black Supreme Court barber, "Tell me, where is this nigger university in Washington?" Douglas named a card game after McReynolds, which he entitled "Son of a Bitch." [...] Certainly, James Clark McReynolds desservedly earned the all but unanimous condemnation of the Court experts, who have rated him at the top of their brief list of failures.

The citations given by Abraham in the above text are: John Knox, A Personal Recollection of Justice Cardozo; the letter to Taft and the photograph incident are referenced to William Howard Taft: Chief Justice by Alpheus Thomas Mason, New York, Simon & Schuster, 1965, note 26 and pp. 216-217. The exchange with Stone is quoted from Supreme Court Hiistorical Society Quaterly 6, (Winter 1983), pp. 6. Clarke's letter to Wilson in the same, pp. 167. Taft's comments are referenced to Mason's book, as well as Henry F. Pringle's The Life and Times of William Howard Taft (New York: Farrar & Rinehart, 1939). William O. Douglas's comments from his book The Court Years (1939-1975): The Autobiography of William O. Douglas, pp. 15 of the Random House, Vintage Books 1980 edition.

In the same book, when discussing Cardozo, Abraham writes (pp. 153):

Yet Hoover continued to demur; he really did not want to appoint anyone, no matter how superbly and uniquely qualified he might be, from a state that already had two eminent "representatives" (Hughes - he had sent him there himself - and Stone) and whose religion (Jewish) was not only already "represented" on the Court (Brandeis), but would most assuredly cause McReynolds to act up again. (It did: The Supreme Court's resident bigot remarked that to become a justice one only had to be a Jew and have a father who was a crook, and he conspicuously buried himself in a newspaper at the swearing-in ceremony.)

This is attributed to Richard Polenberg, The World of Benjamin Cardozo: Personal Values and the Judicial Process, Harvard University Press, 1997, pp. 171.

In Closed Chambers, Penguin Books, 1999, Edward Lazarus writes (pp.284):

The view from the other side was, if anything, even more dismissive. McReynolds, the surliest of the old guard, was a thoroughgoing anti-Semite and for all practical purposes refused to speak to either Brandeis and Cardozo.

This is referenced to Arthur Schlesinger's The Politics of Upheaval, Houghton-Mifflin, 1960, pp. 455.

In David Atkinson's Leaving the Bench. Supreme Court Justices at the End, University Press of Kansas, 1999, discussing Brandeis's retirement (pp. 111):

Only Justice McReynolds refused to sign the letter of appreciation that the other justices sent to Brandeis when hee retired. (McReynolds had also previously absented himself from the memorial ceremonies held at the Supreme Court in honor of Justice Cardozo.)

This is quoted from the New York Times, 19 February 1939.

In short: the claim that the quote regarding his clerks is absent from Abraham's book is false. There is very clearly a consensus on McReynolds, coming from both people who disliked him and others such as his former clerk Knox. There is no doubt on his anti-Semitism: it is neither "alleged", nor a simple claim by "critics." I believe the statements as they existed before the current revert edits should stand. Magidin 21:46, 3 April 2007 (UTC)

Magidin you have already materially misrepresented the contents of the sources to which you cite. Now you are admitting your fault but citing to a new source, which is not online to reference and check. How are we to believe you again after you miscited your sources in material ways before, unless we can see the source? Just take your word for it? —Preceding unsigned comment added by 68.5.250.146 (talk)
I incorrectly attributed in an Edit Summary months after making the addition. I correctly cited the sources when I added the material (as you can see in this very talk page), and have now provided full quotations, bibliography, and sources given in the bibliography for the quotes and facts. You asserted that the quote was not in Abraham; was this the result of checking, or were you guessing? As for verifying a source that is not on-line, I believe libraries still exist. The quotes have been correctly sourced, and I have given ample evidence that McReynolds anti-semitism was far from simply an "accusation by his critics", which seems to be your position. Perhaps you can provide verifiable sources for your assertions? Magidin 14:48, 14 May 2007 (UTC)