William Howard Taft & the Supreme Court

By Kaleena Fraga

William Howard Taft never wanted to be president. He was driven to the White House on the crest of his wife’s ambitions–she had wanted to be First Lady since childhood. Taft’s enduring goal was to join the Supreme Court.

When Taft became president in 1909, he noted to a friend that “if I were now presiding in the Supreme Court of the United States as Chief Justice, I should feel entirely at home, but with the troubles of selecting a cabinet and the difficulties in respect to the revision of the tariff, I just feel a bit like a fish out of water.”

Taft had harbored this ambition since he became a superior court judge in his late twenties. Several times he got close–President McKinley promised him an appointment if Taft would accept his order to serve as Governor General of the Philippines. And President Roosevelt had similarly (twice) offered an appointment. But Taft found himself consistently answering to other callings outside of the Supreme Court–he felt he could not leave his work in the Philippines and his wife, Nellie, convinced him pursue the presidency instead.

Taft didn’t especially enjoy being president–he once remarked that he hardly remembered his one term in office–and the end of his presidency was clouded by his former friend Theodore Roosevelt’s decision to throw his hat in the ring, effectively denying either of them a chance of reelection. But Taft did leave his mark on American jurisprudence–as president, he had the opportunity to appoint six justices to the Supreme Court.

taft sworn inOn October 3rd, 1921, Taft finally realized his ultimate goal and was appointed as Chief Justice of the Supreme Court by President Warren Harding. “This is,” Taft declared, “the greatest day of my life.”

As Chief Justice, Taft would oversee a court that expanded federal power, leaned conservative, and approved of Prohibition.

Many of Taft’s decisions–including a controversial ruling that allowed warrantless wiretaps of telephone conversations to be used against defendants in court–were overturned once he retired from the bench. Antonin Scalia noted that Taft, “had a quite accurate ‘vision of things to come,’ did not like them, and did his best, with consummate skill but ultimate lack of success, to alter the outcome.”

Perhaps Taft’s greatest legacy on the Supreme Court was to increase its power and prestige. Taft convinced Congress to pass the Judges’ Bill of 1925, which gave the Supreme Court more control over the cases in its docket and took away the automatic right of appeal. Taft often pushed for unanimity among his fellow justices, believing that such a statement would increase the court’s authority.

Taft’s wife, Nellie, left a tangible mark on Washington D.C. As First Lady, she set about theSCOTUS beautify the city, and ordered 2,000 cherry trees from Japan as part of this effort. Taft too forever changed the landscape of the capitol. He lobbied Congress to put aside funds for a new Supreme Court building–the one we know today–moving the justices out of the old Senate Chamber and into a building of their own. Taft instructed the architect, Cass Gilbert, to design “a building of dignity and importance suitable for its use as the permanent home of the Supreme Court of the United States.”

Of his presidency, Taft once remarked “I don’t remember that I ever was president.” He served nine years on the bench as opposed to four years as president, presiding over 250 decisions. Taft only left the Supreme Court once his health required that he do so.

3 thoughts on “William Howard Taft & the Supreme Court”

    1. Horace Harmon Lurton; Charles Evans Hughes; Edward Douglass White; Willis Van Devanter; Joseph Rucker Lamar; Mahlon Pitney

      According to my Taft biography, he appointed half Republicans and half Democrats!

      Like

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