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Additional resources for The Fuller Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks)

Sample text

Subsequently, he regularly assigned leading cases to others. Fuller did not use his power of assignment to reward or punish colleagues for their votes. Any such approach would have been contrary to his desire to foster goodwill among the justices. Assignments were guided by a justice’s dispatch in writing opinions and his expertise in particular areas of law. Still, Fuller was able to shape the law by skillful exercise of the power to assign opinions. He frequently turned to Brewer and Peckham to write for the Court in important constitutional cases.

The president was bitterly disappointed when Holmes dissented in the celebrated Northern Securities antitrust case in 1904. Roosevelt supposedly quipped: “I could carve out of a banana a judge with more backbone than that” (quoted in Fiss 1993, 137–138). In retrospect, Roosevelt seems to have misunderstood Holmes’s judicial philosophy and exaggerated his Progressive leanings. William R. Day of Ohio joined the Fuller Court a year after Holmes, filling the vacancy created by the retirement of Justice George Shiras Jr.

Miller died ten months after the confirmation of Brewer, giving President Harrison his second opportunity to fill a Court vacancy. He settled upon Henry Billings Brown of Michigan. Then a federal district court judge in Michigan, Brown had built a national reputation for his admiralty decisions. Brown had long been active in Republican politics and was a Yale classmate of Brewer’s. He actively sought appointment to the Supreme Court, and to this end he secured the endorsement of Circuit Judge Howell E.

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