Tennesseans on the United States Supreme Court

Tennessee’s bar has a tremendous history of achievement and service to the state and nation. It has produced some of the very best lawyers ever to step into a courthouse. Our colorful and inspiring legal history is a treasure-trove for the historian to explore, and shifting through it leads to the conclusion that Tennesseans are particularly talented at the practice of law. We should be proud of our heritage. Nevertheless, a 19th century historian observed, “Whatever the causes, it is a fact that the early settlers of Tennessee were not favorably disposed toward lawyers.”1 Unfortunately, some of today’s populace feels that way. We, therefore, owe it to our profession to educate ourselves and others about the bar’s indispensable role in democracy and its contributions now and in the past.

As part of this endeavor, let us take a brief look at the six Tennessee lawyers who served on the United States Supreme Court. These justices come from all parts of Tennessee and their eventful tenures on the High Court stretch across the 19th and 20th centuries. Some were great jurists. Some were flawed and made mistakes. All were important to the history of Tennessee and America.

John Catron
Associate Justice 1837 – 1865
Nominated by President Andrew Jackson

John Catron of Nashville, the first Tennessean to serve on the U.S. Supreme Court, was nominated by the first Tennessean to serve as president. His date and place of birth are disputed. Some say he was born in Pennsylvania and other say Virginia. Pennsylvania is most often cited. Some say he was born as early as 1779 and others say as late as 1786.2 It is known that he descended from German immigrants and was raised in poverty and without a formal education.3 After moving to Sparta in about 1812, he secured a position studying law in the office of the flamboyant Gen. George W. Gibbs,4 who was once engaged to duel with Sam Huston and would later be chancellor of West Tennessee. The same year, Catron volunteered to fight under Gen. Andrew Jackson in the fierce fighting with the Creek Indians in Alabama and against the British at New Orleans. During the war, he developed a strong friendship with Jackson and, after the war and at the General’s urging, Catron moved to Nashville after admission to the bar in 1815.5

Once in Nashville, Catron built a successful practice based on real property matters and in 1824 was elected to the Tennessee Supreme Court (then called the Court of Errors and Appeals) and in 1831 was made chief justice. He also found time to purchase and operate the Buffalo Iron Works from 1827 to 1833, an enterprise that made him wealthy. On the state Supreme Court, Catron is best remembered for his hard work and decisions denouncing dueling, drinking and gambling, and upholding state’s rights and slavery. For example, he upheld the state’s right to approve emancipation contracts, contending that slave-owners should not be allowed to release slaves into society because of the negative economic impact on free workers. He argued that freed slaves should be required to migrate to Africa. And, while on the court, he published newspaper commentaries supporting President Jackson’s opposition to the Bank of the United States. In 1834, the Tennessee Constitution was amended and the courts were reorganized, thus forcing his return to private practice. He managed Martin van Buren’s Tennessee campaign for the presidency in 1836.6

A number of Catron’s friends confirmed that when his formidable wife, Matilda Childress Catron, heard of the addition of two new seats on the U.S. Supreme Court, she made him immediately depart with her for Washington without telling him where they were going or why. It was only at the Kentucky line that he was told of her purpose of getting President Jackson to nominate him. Catron responded: “Wife, this is the veriest nonsense of your life. I would not humiliate myself by asking for the place … and we had better turn around and go back.” She was unrelenting and said, “You don’t have to ask for it. … You are in my hands, Judge, your honor is mine. I will take care of it. Make yourself comfortable.”7 They rushed on at breakneck speed through night and day as she secured relay horses for their carriage. A few days later, they reached the White House at dawn on Jackson’s last day in office: March 3, 1837. She jumped out of the carriage and ran through the front door brushing aside the usher. She found the president in his sleeping gown and slippers smoking a corncob pipe and asked for the appointment for her embarrassed husband waiting in the driveway. A bemused Jackson roared, “By the Eternal, he shall have it!”8 The president sent the nomination to the Senate before day’s end. Five days later, and with the enthusiastic support of President Van Buren, Catron was confirmed 28-15.9 Chief Justice Roger B. Taney proclaimed Catron “a most valuable acquisition to the Bench of the United States.”10

Justice Catron proved to be a reliable Jacksonian on the court as he championed state’s rights concerning taxation of corporations and regulation of interstate commerce in well-polished opinions. He contended that the interstate commerce is not solely the domain of the federal government and thus the states could police areas of local commercial activity when the national government had not done so.11 As the court’s chief expert on real property,12 his most positive contributions were his skilled decisions on western land titles.13

His most negative contribution was his concurrence in Chief Justice Taney’s opinion in the infamous case of Dred Scott v. Sandford (1857). In speaking for the court, Taney said that Scott was a slave and therefore not a citizen and accordingly without standing before federal courts. The chief justice also said that blacks had no rights whites were bound to respect. In his concurrence, Catron took a softer position on possible black citizenship, but overall he supported Taney. Moreover, before the decision was made public, a decision that President-elect James Buchanan vainly hoped would finally settle the growing slavery conflict, Catron improperly informed Buchanan, a close friend, how the court would rule and that Justice Robert Grier might not join the majority. Hence, the Pro-South Buchanan felt safe in proclaiming to the nation in his inaugural address that the court would soon resolve the slavery question one way or the other once and for all. And Buchanan convinced Grier, a fellow Pennsylvanian, to join the pro-slavery majority.14

With the advent of the Civil War, Justice Catron, despite his pro-slavery views, remained loyal to the Union, denounced the Confederacy, and stayed on the court. Although he attempted to fulfill his federal circuit-riding duties in Tennessee, he was forced to flee Nashville before a mob after attempting to convene circuit court.15 However, he later denied any “personal indignity” caused by the people of Nashville and affirmed his “sentiments of the warmest affection and respect” for all Tennesseans.16

He continued to ride circuit in Kentucky and Missouri where he refused to grant writs of habeas corpus to Confederate sympathizers held by the Union army.17 Back in Washington, he supported the Lincoln administration in numerous decisions. For example, he had no problem with the jailing of civilian supporters of the Southern cause in the North without trial, but in the Prize Cases (1863) he dissented, contending that the blockade of Southern ports and the seizure of ships by federal forces were illegal. He died in Nashville at the close of the war on May 30, 186518 and is buried at Mount Olivet Cemetery.19

Howell E. Jackson
Associate Justice 1893 – 1895
Nominated by President Benjamin Harrison

Howell Edmunds Jackson was born the son of a physician at Paris, Tennessee, on April 8, 1832. He and his family moved to Jackson, Tennessee, in 1840, where his father served as mayor. He graduated from West Tennessee College in Jackson and then the University of Virginia and studied law in the Jackson office of former Chancellor and Congressman Milton Brown, later receiving a law degree in 1856 from Cumberland Law School at Lebanon. He began his practice in Jackson, but in 1859 moved to Memphis, forming a lucrative partnership specializing in the representation of corporations, railroads  and banks. With the coming of the Civil War, Jackson opposed secession, but once Tennessee left the Union he supported the Confederate cause and served as receiver of confiscated property in West Tennessee20 but was unsuccessful in an effort to obtain a post as a Confederate military judge.21

After the war, Jackson became active in the Democratic Party. Upon the death of his wife in the yellow fever epidemic of 1873, he returned to Jackson with his children and shifted his practice to chiefly criminal cases and regularly served as special chancellor. In 1875, he remarried, and he and his wife were given half of the magnificent Belle Meade Plantation near Nashville by his father-in-law, where Jackson would raise world famous thoroughbred horses. He won appointment to the Court of Arbitration for West Tennessee, yet failed to win the Democratic nomination for the Tennessee Supreme Court. He was elected to represent Madison County in the Tennessee House in 1880, however. The following year, after 30 ballots,22 he was elected by the General Assembly to the U.S. Senate with bipartisan support from “state-credit” forces in both parties due to his strong conviction that the massive state debt built during Reconstruction should be paid in full.23

In Washington, Sen. Jackson served on the Senate Judiciary Committee and became known as a master of the legislative process. He also became a friend of two future presidents: Democrat Grover Cleveland and Republican Benjamin Harrison. And, in 1887, President Cleveland selected Jackson for a place on the federal Circuit Court where he rendered many patent and pro-corporation decisions. In the landmark case of United States v. Patrick (1893),24 he reversed the lower court and held that the civil rights of five federal agents were violated when they were murdered while searching for a still in Tennessee.25 In 1891, Jackson was named presiding judge of the Sixth Circuit Court of Appeals.26

Two months before the end of his term following his defeat by former President Cleveland in the election of 1892, President Harrison elevated Jackson to the U.S. Supreme Court after concluding that the Democratic Senate would not confirm a Republican nominee put forward by a lame duck GOP President. At the age of 60, Jackson was confirmed unanimously six days later. However, after one year on the bench, Jackson contracted tuberculosis and served only two years. During that time he wrote 46 opinions and four dissents.27

Away from Washington struggling with his illness, Justice Jackson summoned the strength to return one last time, for the Supreme Court seemed evenly divided on the constitutionality of the federal income tax and it appeared he would provide the deciding vote.28 As one press report observed during the oral argument: “He interests the crowd more than all the rest of the bench; that his life can last but a short time and that it will probably be shortened by the effort which he has made to attend the hearing.”29 The final decision was 5 to 4 finding the tax unconstitutional with Jackson in the minority favoring the tax.30 Reading his dissent from the bench amid coughing fits and barely able to sit up, he contended that the court had usurped the role of Congress to make law.31 The decision would be overturned by constitutional amendment in 1913.32 Three months after delivering his dissent, Jackson died in at his home of West Meade near Nashville on Aug. 8, 1895.33 Interment was at Nashville’s Mount Olivet Cemetery.34

Horace H. Lurton
Associate Justice 1910 – 1914
Nominated by President William Howard Taft

Like Justice Jackson, Justice Lurton was a Democrat nominated by a Republican president. Horace Harmon Lurton was born on Feb. 26, 1844, at Newport, Kentucky, the son of a physician, pharmacist and Episcopal clergyman. In the 1850s his family relocated to Clarksville, Tennessee. At the age of 16, they moved again to Chicago where the young Lurton attended Douglas University for two years until his studies were interruptedly by the Civil War.35 He wrote a friend in 1861: “It is my desire to yet strike a blow in defense of the best of causes — Southern Independence. I would go now if ma would only consent.”36

Lurton’s mother finally agreed that he join the Confederate army. He was promoted to the rank of sergeant-major, but was discharged due to a lung infection and recuperated in Clarksville. Upon his recovery, he reenlisted but was soon taken prisoner at the fall of Forts Henry and Donelson in 1862. After regaining his freedom, he joined the Rebel cavalry of General John Hunt Morgan and fought, often taking part in daring raids behind Union lines, until he was recaptured in 1863. He was imprisoned for 18 months and contracted tuberculosis. His mother secured his release by a personal appeal to President Lincoln.37 In his own hand, Lincoln’s order read: “Let the boy go home to his mother.”38

With the war’s conclusion, and still dreaming of the Confederacy rising again, Lurton earned a law degree at Cumberland University while working in his father’s pharmacy and was admitted to the Tennessee bar in 1867. In Clarksville, he went into partnership with James A. Bailey, a leading Democratic politician and future U.S. Senator, and in 1875 Lurton was named to fill out a term as chancellor of the 6th chancery division, the youngest chancellor in Tennessee history at the time. A year later he won a full term. By 1878, he determined to return to private practice and became a bank president, but returned to the bench in 1886 when, at the age of 42, he was elected to the Tennessee Supreme Court.39

On the appellate bench, Lurton used his great powers of persuasion and courtesy to build consensuses. Seven years later he was selected by the other justices to be chief justice, but had only served four months when President Cleveland nominated him to take the place of fellow Tennessean Howell Jackson on the Sixth Circuit Court of Appeals upon Jackson’s elevation to the U.S. Supreme Court. In Cincinnati, he forged a conservative record and a close friendship with the presiding judge, the 36-year-old Republican William Howard Taft of Ohio. He would take over as presiding judge when Taft left to take the post of governor general of the Philippines. He also found time to be dean of Vanderbilt Law School from 1905 to 1910.40

At Taft’s urging, President Theodore Roosevelt considered nominating Lurton to the U.S. Supreme Court in 1906, but decided on a Republican instead. President Taft had no hesitation picking the Tennessee Democrat in 1909 and the nominee was easily confirmed. Taft later wrote Lurton: “The only pleasure of my administration … has been to commission you a Justice of the Supreme Court.”41 Once on the court, Justice Lurton was conservative42 but less so, sometimes serving as an ally of progressive dissenter Justice Oliver Wendell Holmes Jr. and vigorously supporting the Sherman Antitrust Act. In 1911, he was a member of the Committee to Revise the Equity Rules of Federal Courts and traveled to London to study equity practice, bringing to the task his expertise in equity as a former Tennessee chancellor. Still on the Supreme Court, he died suddenly of a heart attack in Atlantic City on July 12, 1914, having only served four years and thus with little opportunity to develop a large body of jurisprudence on the High Court.43 He was buried at Greenwood Cemetery in Clarksville.44

James C. McReynolds
Associate Justice 1914 – 1941
Nominated by President Woodrow Wilson

James Clark McReynolds, born at Elkton, Kentucky, on Feb. 3, 1862, would become the most unpleasant and difficult justice ever to be on the U.S. Supreme Court. The stories of his rudeness and bigotry are legion. The son of a surgeon and planter, he graduated at the top of his class at Vanderbilt in 1882 and earned a law degree at the University of Virginia in 1884. He then went to Washington to serve on the staff of Sen. Howell Jackson and returned to Tennessee to go into private practice in Nashville focusing on corporate law. His snobbishness contributed to his defeat when running for Congress as a Democrat in 1896.45

After a brief stint as a law professor at Vanderbilt teaching commercial law, McReynolds went back to D.C. as an assistant attorney general and become known for aggressive prosecution of antitrust cases. His legal strength, however, was as a master of detail, not courtroom advocacy. In 1907, he left the Justice Department for a practice in New York City, but President Taft convinced him to return to help with the dissolution of the tobacco trust. When a settlement was reached, McReynolds resigned in protest over terms he felt too generous to the industry.46

After campaigning for Woodrow Wilson in 1912, McReynolds was named U.S. attorney general by President Wilson. His time as head of the Justice Department was a cavalcade of controversy. Department building projects went grossly over budget, and there were allegations that the department spied on federal judges. McReynolds was even accused of hindering the prosecution of the son-in-law of a politically prominent official charged with taking a woman across state lines for “immoral purposes” in violation of the Mann Act. McReynolds’s explosive reaction to criticism alienated Congress and mortified the president. So when Justice Lurton died in 1914, Wilson saw it as his opportunity to get McReynolds out of his cabinet and nominated him for the Supreme Court. He was confirmed 44 to 6.47

Justice McReynolds conducted himself no better on the Supreme Court than when in Wilson’s cabinet. He refused to speak to Justice John Clarke because he thought him not worthy of his position. When Justice Harlan Fiske Stone once commented on the dullness of an attorney’s argument, McReynolds responded, “The only duller thing I can think of is to hear you read one of your opinions.”48 Even worse, his treatment of the two Jewish justices, Louis D. Brandeis and Benjamin Cardozo, was openly antagonistic. Despite the tradition of seating on the bench being dictated by seniority, he would not sit next to Brandeis, would not sit for group portraits with him, and would leave the room at conferences whenever Brandeis spoke.49

For 27 years, McReynolds pursued an ultra-conservative, pro-business, anti-regulation agenda, punctuated with some remarkably libertarian civil liberties decisions, most notably striking down state prohibitions against the teaching of foreign languages. His opinions often contained “thinly veiled personal attacks” on opponents,50 and his dislikes were many (with particular public animosity toward women lawyers), but perhaps his greatest contempt was reserved for President Franklin Roosevelt, becoming part of a block of justices hostile to the New Deal known as the “Four Horsemen.”51

Applying the now abandoned doctrine of substantive economic due process and its progeny “liberty of contract,” the conservative court, led by the Four Horsemen, struck down as unconstitutional measure after measure of federal regulation of the economy and workplace. In response, in 1937 President Roosevelt proposed his ill-fated “court packing plan” designed to increase membership on the court to an extent that the anti-New Deal justices would be in the minority. The radical plan stalled, but enough justices switched sides or retired that the New Deal was safe, and McReynolds eventually became an isolated and embittered dissenter of one. He retired in 1941 at the age of 78 stating that “any country that elects Roosevelt three times deserves no protection.”52

Nevertheless, there was another dimension to McReynolds. As Justice Holmes said, “Poor McReynolds, is, I think, a man of feeling and of more secret kindliness than he would get credit for.”53 After his death in Washington on Aug. 24, 1946, it was only first learned that he had supported 33 European children orphaned by World War II and left the bulk of his huge estate to various children’s charities and the Salvation Army.54 He was buried at Elkton Cemetery in Elkton, Kentucky.55

Edward T. Sanford
Associate Justice 1923 – 1930
Nominated by President Warren G. Harding

As much as Justice McReynolds is remembered for his rudeness, Justice Sanford was known for his charm. Edward Terry Sanford was born in Knoxville on July 23, 1865. His affluent father had moved to the city from Connecticut in 1852, gaining his wealth from lumber and construction. His mother’s parents came from Switzerland in 1848. The young Sanford, after earning a B.A. and Ph.B at the University of Tennessee and ranking at the top of his class, obtained a second bachelor’s degree, a law degree, and a master’s at Harvard and was editor of the law review. He was admitted to the Tennessee bar in 1888. After post-graduate study in languages in Germany and France, he returned to Knoxville to practice law with the prestigious firm of Andrews and Thornburgh.56

When senior partner George Andrews was killed in a railroad accident, on short notice Sanford effectively took over Andrews’s numerous cases pending before the Tennessee Supreme Court and became well-known for his formidable civil appellate skills. He also became a trustee of the University of Tennessee and president of both the UT and Harvard alumni associations and vice president of the ABA.57 (A brilliant speaker, when later on the Supreme Court, he delivered the keynote address at the ABA’s 1924 London Conference and gave the same speech again in Paris in fluent French.)58

In 1905, an assistant U.S. attorney, James McReynolds, convinced Sanford to come to Washington as a special assistant to Attorney General William H. Moody to aid in the prosecution of the fertilizer trust, an alleged monopoly centered in the South. Sanford eventually argued the case on appeal before the U.S. Supreme Court.59 He also served as the lead prosecutor in the only criminal trial conducted by the Supreme Court. It was a contempt proceeding brought against Hamilton County Sheriff Joseph Shipp in 1907 for allowing a mob to lynch Ed Johnson, a black man accused of raping a white woman. Despite Johnson’s appeal to the Supreme Court being granted, he was hung on the Walnut Street Bridge in Chattanooga while in Shipp’s custody. Sheriff Shipp was convicted. Sanford’s work in the Justice Department so impressed President Theodore Roosevelt that in 1908 the president nominated him for judge of the U.S. District Court serving East and Middle Tennessee. He reluctantly accepted at the persuasion of Justice Edward D. White, who predicted that Sanford would one day be on the U.S. Supreme Court.60 His oath was administered by Horace Lurton.61

For the next 15 years, Judge Sanford handled his heavy docket with renowned courtesy and diligence, but disliked sentencing criminal defendants and longed for the scholarly work of an appellate position. At the urging of leading Tennesseans; Tennessee’s Republican Governor Alf Taylor; the Democratic General Assembly; the U.S. Attorney General; and Chief Justice Taft, Republican President Warren G. Harding nominated Sanford to the U.S. Supreme Court. Confirmation was won less than a week later.62

As a justice, Sanford continued to demonstrate his famed capacity for hard work, polished writing, and civility. He drafted the majority opinion in 130 cases over seven years, including Gitlow v. New York (1925),63 which held that the free speech protections of the First Amendment are incorporated into the Due Process Clause of the 14th Amendment and are thereby applicable to the states. In the Pocket Veto Case (1929),64 he outlined when the president can use the pocket veto, and he strictly applied the Sherman Antitrust Act in numerous decisions. Justice Sanford died unexpectedly at the age of 64 on March 8, 1930.65 His gravesite is in Knoxville’s Greenwood Cemetery.66

Abe Fortas
Associate Justice 1965 – 1969
Nominated by President Lyndon B. Johnson

Abe Fortas was born in Memphis on June 9, 1910, the son of Orthodox Jews originally from England. He went to Memphis public schools, worked in a shoe shop, and graduated first in his class at Southwestern College in 1930. Although a highly gifted violinist, he determined to be a lawyer and went to Yale Law School, where he was mentored by Prof. William O. Douglas, who would later serve on the Supreme Court. A legal scholar, he was editor-in-chief of the Yale Law Journal and, in 1933, graduated second in his class and took a teaching post at the law school. While teaching law, he commuted to Washington to work in the New Deals’ Agricultural Adjustment Administration. After Douglas brought him into the Securities and Exchange Commission, Fortas rose to be assistant director of the agency’s public utilities division. Subsequently, he quit teaching and became general counsel of the Public Works Administration. By 1941, he was director of the Department of the Interior’s Division of Power and the following year was made undersecretary. Fortas left the government in 1946 to form a high-powered D.C. corporate law firm.67

Not only did Fortas build a reputation as an expert corporate attorney and navigator of federal regulations, he handled a huge amount of pro bono cases championing civil rights and civil liberties and bringing to each cause immense appellate advocacy skills. From this work he gained recognition as the nation’s premiere constitutional lawyer. He defended targets of McCarthyism within the federal government, helped to develop the modern insanity defense in criminal defense cases, and successfully represented Clarence Earl Gideon before the Supreme Court in the monumental case that established the right to counsel in criminal trials.68

Fortas became a close friend and adviser to Lyndon Johnson after helping him win an election dispute in Texas in his congressional days. In 1965, President Johnson persuaded Justice Arthur Goldberg to resign from the court and nominated Fortas as his replacement without first securing his consent. He was easily confirmed. Demonstrating a mastery of the English language in his opinions, Justice Fortas supported the expansion of the rights of the accused and was the key vote in the establishment of criminal suspects’ Miranda rights. He further crafted the extension of the right against self-incrimination and the right to counsel to juveniles. As for the First Amendment, he applied free speech protection to the symbolic speech of students wearing black armbands in protest against the Vietnam War, struck down a state statute outlawing the teaching of evolution, and widened the right of public officials to bring defamation actions. He dissented in support of a narrower application of the antitrust act to corporate mergers,69 but was for a strict interpretation of antitrust laws in other areas.70

When in 1968, Chief Justice Earl Warren told President Johnson that he wished to retire, Johnson nominated Fortas to replace him, but the nomination confronted a filibuster due to Johnson’s unpopularity and criticism of Fortas for accepting $15,000 for teaching a law class while on the court. At Fortas’s request, the nomination was withdrawn.71 A few months later, and although justices had long taken honoraria for serving on foundation boards, a magazine article said that Fortas had received and later returned $20,000 for being a consultant for a charitable foundation headed by an indicted stock manipulator. Although he had not advised the indicted individual and had returned the money after the indictment was handed up and vigorously denied impropriety,72 he resigned on May 14, 1969, stating that he did not want the controversy to distract the court from its duties.

After returning to private practice, Fortas recommenced his extensive pro bono activities and argued once more before the Supreme Court two weeks before he died of a heart attack on April 5, 1982, in Washington.73 Abe Fortas is remembered as a pivotal figure of the bench and bar of the fateful Warren Court era and an eloquent and tireless defender of the poor and powerless.74

Notes

1. Joshua W. Caldwell, Sketches of the Bench and Bar of Tennessee 4 (1898).
2. Id. at 86; The Supreme Court Justices, Illustrated Biographies, 1789-1993 126 (Clare Cushman, ed. 1993).
3. Henry S. Foote, The Bench and Bar of the Southland Southwest 154 (1876).
4. The Supreme Court Justices, Illustrated Biographies, 1789-1993 126-27 (Clare Cushman, ed. 1993).
5. Id. at 126-27; Joshua W. Caldwell, Sketches of the Bench and Bar of Tennessee 86 (1898).
6. The Supreme Court Justices, Illustrated Biographies, 1789-1993 128-29 (Clare Cushman, ed. 1993).
7. John Hallum, The Diary of an Old Lawyer or Scenes Behind the Curtain 107 (1895).
8. Id. at 108.
9. The Supreme Court Justices, Illustrated Biographies, 1789-1993 129 (Clare Cushman, ed. 1993).
10. Id; Joshua W. Caldwell, Sketches of the Bench and Bar of Tennessee 87 (1898).
11. Id.
12. Joshua W. Caldwell, Sketches of the Bench and Bar of Tennessee 90 (1898).
13. John Hallum, The Diary of an Old Lawyer or Scenes Behind the Curtain 305 (1895).
14. The Supreme Court Justices, Illustrated Biographies, 1789-1993 129-30 (Clare Cushman, ed. 1993).
15. Id. at 130.
16. Henry S. Foote, The Bench and Bar of the Southland Southwest 152 (1876).
17. The Oxford Companion to the Supreme Court of the United States 130 (Kermit L. Hall, ed. 1992).
18. The Supreme Court Justices, Illustrated Biographies, 1789-1993 130 (Clare Cushman, ed. 1993).
19. The Oxford Companion to the Supreme Court of the United States 129 (Kermit L. Hall, ed. 1992).
20. Roger D. Hardaway, “Howell Edmunds Jackson: Tennessee Legislator and Jurist,” The West Tennessee Historical Society Papers, No. XXX, 104 (1976); The Supreme Court Justices, Illustrated Biographies, 1789-1993 266-67 (Clare Cushman, ed. 1993).
21. The Supreme Court Justices, Illustrated Biographies, 1789-1993 267 (Clare Cushman, ed. 1993).
22. Roger D. Hardaway, “Howell Edmunds Jackson: Tennessee Legislator and Jurist,” The West Tennessee Historical Society Papers, No. XXX, 106 (1976).
23. The Supreme Court Justices, Illustrated Biographies, 1789-1993 267 (Clare Cushman, ed. 1993).
24. 54 Fed. 338 (6th Cir. 1893).
25. Roger D. Hardaway, “Howell Edmunds Jackson: Tennessee Legislator and Jurist,” The West Tennessee Historical Society Papers, No. XXX, 106 (1976).
26. The Supreme Court Justices, Illustrated Biographies, 1789-1993 269 (Clare Cushman, ed. 1993).
27. Id. at 269
28. Id. at 269-70.
29. Id. at 270.
30. Pollock v. Farmers’ Loan and Trust Company, 158 U.S. 696 (1895).
31. The Supreme Court Justices, Illustrated Biographies, 1789-1993 269 (Clare Cushman, ed. 1993).
32. U.S. Const. amend. XVI.
33. History of the Sixth Circuit, A Bicentennial Project 62 (The Judicial Conference of the United States, 1976); Roger D. Hardaway, “Howell Edmunds Jackson: Tennessee Legislator and Jurist,” The West Tennessee Historical Society Papers, No. XXX, 119 (1976).
34. The Oxford Companion to the Supreme Court of the United States 443 (Kermit L. Hall, ed. 1992).
35. The Supreme Court Justices, Illustrated Biographies, 1789-1993 301-02 (Clare Cushman, ed. 1993).
36. Id. at 302.
37. Id. at 302-303.
38. History of the Sixth Circuit, A Bicentennial Project 64 (The Judicial Conference of the United States, 1976).
39. The Supreme Court Justices, Illustrated Biographies, 1789-1993 303 (Clare Cushman, ed. 1993).
40. Id. at 303-305.
41. Id. at 305.
42. The Oxford Companion to the Supreme Court of the United States 515 (Kermit L. Hall, ed. 1992).
43. The Supreme Court Justices, Illustrated Biographies, 1789-1993 305 (Clare Cushman, ed. 1993).
44. The Oxford Companion to the Supreme Court of the United States 515 (Kermit L. Hall, ed. 1992).
45. The Supreme Court Justices, Illustrated Biographies, 1789- 1993 326-27(Clare Cushman, ed. 1993).
46. Id. at 327.
47. Id. at 327-28.
48. Id. at 330.
49. Id. at 329-30.
50. Id. at 328.
51. Id.
52. Id. at 329.
53. Id. at 330.
54. Id.
55. The Oxford Companion to the Supreme Court of the United States 542 (Kermit L. Hall, ed. 1992).
56. The Supreme Court Justices, Illustrated Biographies, 1789- 1993 356-57(Clare Cushman, ed. 1993).
57. Id. at 357.
58. History of the Sixth Circuit, A bicentennial Project 68 (The Judicial Conference of the United States, 1976).
59. The Supreme Court Justices, Illustrated Biographies, 1789-1993 357 (Clare Cushman, ed. 1993).
60. Id. at 358.
61. History of the Sixth Circuit, A bicentennial Project 68 (The Judicial Conference of the United States, 1976).
62. The Supreme Court Justices, Illustrated Biographies, 1789-1993 357-59 (Clare Cushman, ed. 1993).
63. 268 U.S. 652 (1925).
64. 279 U.S. 655 (1929).
65. The Supreme Court Justices, Illustrated Biographies, 1789-1993 359-60 (Clare Cushman, ed. 1993).
66. The Oxford Companion to the Supreme Court of the United States 754 (Kermit L. Hall, ed. 1992).
67. The Supreme Court Justices, Illustrated Biographies, 1789-1993 471-72 (Clare Cushman, ed. 1993).
68. Id. at 472-73.
69. Id. at 473-74.
70. The Oxford Companion to the Supreme Court of the United States 308 (Kermit L. Hall, ed. 1992).
71. The Supreme Court Justices, Illustrated Biographies, 1789-1993 474-75 (Clare Cushman, ed. 1993).
72. The Oxford Companion to the Supreme Court of the United States 309 (Kermit L. Hall, ed. 1992).
73. The Supreme Court Justices, Illustrated Biographies, 1789-1993 475 (Clare Cushman, ed. 1993).
74. Justice Fortas was cremated and has no burial site. The Oxford Companion to the Supreme Court of the United States 308 (Kermit L. Hall, ed. 1992).

RUSSELL FOWLER is associate director of Legal Aid of East Tennessee (LAET) and since 1999 has been adjunct professor of political science at the University of Tennessee at Chattanooga. He served as the law clerk to Chancellor C. Neal Small in Memphis and earned his law degree at the University of Memphis in 1987. Fowler has more than 40 publications on law and legal history, including several in this Journal.