The Kentucky-born son of a Baptist preacher, with an early tendency
toward racial prejudice, Supreme Court Justice Wiley Rutledge
(1894-1949) became one of the Court's leading liberal activists and
an early supporter of racial equality, free speech, and
church-state separation. Drawing on more than 160 interviews, John
M. Ferren provides a valuable analysis of Rutledge's life and
judicial decisionmaking and offers the most comprehensive
explanation to date for the Supreme Court nominations of Rutledge,
Felix Frankfurter, and William O. Douglas.
Rutledge was known for his compassion and fairness. He opposed
discrimination based on gender and poverty and pressed for expanded
rights to counsel, due process, and federal review of state
criminal convictions. During his brief tenure on the Court (he died
following a stroke at age fifty-five), he contributed significantly
to enhancing civil liberties and the rights of naturalized citizens
and criminal defendants, became the Court's most coherent expositor
of the commerce clause, and dissented powerfully from military
commission convictions of Japanese generals after World War II.
Through an examination of Rutledge's life, Ferren highlights the
development of American common law and legal education, the growth
of the legal profession and related institutions, and the evolution
of the American court system, including the politics of judicial
selection.