Owen Roberts

For the Welsh educationalist, see Owen Roberts (educator).

Owen Josephus Roberts
Portrait by Alfred Jonniaux
Associate Justice of the United States Supreme Court
In office May 20, 1930[1] – July 31, 1945
Nominated by	Herbert Hoover
Preceded by	Edward Terry Sanford
Succeeded by	Harold Hitz Burton
Personal details
Born	May 2, 1875 Philadelphia, PA
Died	May 17, 1955 (aged 80) West Vincent, PA

Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court for fifteen years. He also led the fact-finding commission that investigated the attack on Pearl Harbor. At the time of World War II, he was the only Republican appointed Judge on the Supreme Court of the United States and one of only three to vote against Franklin D. Roosevelt's orders for Japanese American internment camps in Korematsu v. United States.

Early life and career

Roberts was born in Philadelphia and attended Germantown Academy and the University of Pennsylvania, where he was elected to the Phi Beta Kappa Society^[2] and was the editor of The Daily Pennsylvanian. He completed his bachelor's degree in 1895 and went on to graduate at the top of his class from University of Pennsylvania Law School in 1898.^[3]

He first gained notice as an assistant district attorney in Philadelphia. He was appointed by President Calvin Coolidge to investigate oil reserve scandals, known as the Teapot Dome scandal. This led to the prosecution and conviction of Albert B. Fall, the former Secretary of the Interior, for bribe-taking.

Supreme Court

Roberts was appointed to the Supreme Court by Herbert Hoover after Hoover's nomination of John J. Parker was defeated by the Senate.

On the Court, Roberts was a swing vote between those, led by Justices Louis Brandeis, Benjamin Cardozo, and Harlan Fiske Stone, as well as Chief Justice Charles Evans Hughes, who would allow a broader interpretation of the Commerce Clause to allow Congress to pass New Deal legislation that would provide for a more active federal role in the national economy, and the Four Horsemen (Justices James Clark McReynolds, Pierce Butler, George Sutherland, and Willis Van Devanter) who favored a narrower interpretation of the Commerce Clause and believed that the Fourteenth Amendment Due Process Clause protected a strong "liberty of contract."

Justice Roberts

In 1936's United States v. Butler, Roberts sided with the Four Horsemen and wrote an opinion striking down the Agricultural Adjustment Act as beyond Congress's Commerce powers.

"Switch in Time that Saved the Nine"

Roberts switched his position on the constitutionality of the New Deal in late 1936, and the Supreme Court handed down West Coast Hotel v. Parrish in 1937, upholding the constitutionality of minimum wage laws. Subsequently, the Court would vote to uphold all New Deal programs. Since President Roosevelt's plan to appoint several new justices as part of his "Court-packing" plan of 1937 coincided with the Court's favorable decision in Parrish, many people called Roberts's vote in that case the "switch in time that saved nine," although Roberts's vote in Parrish occurred several months before announcement of the Court-packing plan. While Roberts is often accused of inconsistency in his jurisprudential stance towards the New Deal, legal scholars note that he had previously argued for a broad interpretation of government power in the 1934 case of Nebbia v. New York, and so his later vote in Parrish was not a complete reversal.

Roberts wrote the majority opinion in the landmark case of New Negro Alliance v. Sanitary Grocery Co., 303 U.S. 552 (1938), which safeguarded the right to boycott in the context of the struggle by African Americans against discriminatory hiring practices. He also wrote the majority opinion sustaining provisions of the second Agricultural Adjustment Act applied to the marketing of tobacco in Mulford v. Smith, 307 U.S. 38 (1939).

Roberts was appointed by Roosevelt to head the commission investigating the attack on Pearl Harbor; his report was published in 1942 and was highly critical of the United States Military. Journalist John T. Flynn wrote at the time that Roosevelt's appointment of Roberts:^[4]

was a master stroke. What the public overlooked was that Roberts had been one of the most clamorous among those screaming for an open declaration of war. He had doffed his robes, taken to the platform in his frantic apprehensions and demanded that we immediately unite with Great Britain in a single nation. The Pearl Harbor incident had given him what he had been yelling for – America's entrance into the war. On the war issue he was one of the President's most impressive allies. Now he had his wish. He could be depended on not to cast any stain upon it in its infancy.

Perhaps influenced by his work on the Pearl Harbor commission, Roberts dissented from the Court's decision upholding internment of Japanese-Americans along the West Coast in 1944's Korematsu v. United States.

In his later years on the bench, Roberts was the only Justice on the Supreme Court not appointed (or in the case of Stone, who had become Chief Justice, promoted) by President Franklin D. Roosevelt. Roberts became frustrated with the willingness of the new justices to overturn precedent and with what he saw as their result-oriented liberalism as judges. Roberts dissented bitterly in the 1944 case of Smith v. Allwright, which in finding the white primary unconstitutional overruled an opinion Roberts himself had written nine years previously. It was in his dissent in that case that he coined the oft-quoted phrase that the frequent overruling of decisions "tends to bring adjudications of this tribunal into the same class as a restricted railroad ticket, good for this day and train only."

Roberts retired from the Court the following year, in 1945; Roberts's relations with his colleagues had become so strained that fellow Justice Hugo Black refused to sign the customary letter acknowledging Roberts's service on his retirement. Other justices refused to sign a modified letter that would have been acceptable to Black, and in the end, no letter was ever sent.

Shortly after leaving the Court, Roberts reportedly burned all of his legal and judicial papers. As a result, there is no significant collection of Roberts' manuscript papers, as there is for most other modern Justices. Roberts did prepare a short memorandum discussing his alleged change of stance around the time of the court-packing effort, which he left in the hands of Justice Felix Frankfurter.

Later life

While in retirement Roberts, along with Robert P. Bass, convened the Dublin Declaration, a plan to change the U.N. General Assembly into a world legislature with "limited but definite and adequate power for the prevention of war."^[5]

Roberts served as the Dean of the University of Pennsylvania Law School from 1948 to 1951.

He died at his Chester County (Pennsylvania) farm after a four-month illness. He was survived by his wife, Elizabeth Caldwell Rogers, and daughter, Elizabeth Hamilton.

Germantown Academy named its debate society after Owen J. Roberts in his honor. In addition, a school district near Pottstown, Pennsylvania, the Owen J. Roberts School District, adopted his name.

In 1946 he was the first lay person elected to serve as President of the House of Deputies for the General Convention of the Episcopal Church. He served for one convention.^[6]

See also

List of Justices of the Supreme Court of the United States List of law clerks of the Supreme Court of the United States List of United States Chief Justices by time in office

List of U.S. Supreme Court Justices by time in office United States Supreme Court cases during the Hughes Court United States Supreme Court cases during the Stone Court

Notes

1. ^ "Federal Judicial Center: Owen Roberts". 2009-12-12. http://www.fjc.gov/servlet/tGetInfo?jid=2024. Retrieved 2009-12-12. 
2. ^ Supreme Court Justices Who Are Phi Beta Kappa Members, Phi Beta Kappa website, accessed Oct 4, 2009
3. ^ Portrait at the University of Pennsylvania
4. ^ Flynn, John. The Final Secret of Pearl Harbor (October 1945)
5. ^ S.Doc.107-3 AUTHORITY AND RULES OF SENATE COMMITTEES, 2001-2002
6. ^ Barnes Rankin C. "The General Convention Offices and Officers 1785-1950"

References

• "Owen Roberts Dies; Former Justice, 80". The New York Times: p. 1. May 18, 1955. http://pqasb.pqarchiver.com/nytimes/85696619.html?did=85696619&FMT=ABS&FMTS=AI&date=May+18%2C+1955&author=Special+to+The+New+York+Times.&pub=New+York+Times++(1857-Current+file)&desc=Owen+Roberts+Dies%3B+Former+Justice%2C+80. 
• "The Roberts Commission and Pearl Harbor," in Kenneth Kitts, Presidential Commissions and National Security (Boulder: Lynne Rienner Publishers, 2006).
• Germantown Academy, Clubs and Organizations

Sources

• Owen Roberts at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

Further reading

• Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
• Cushman, Clare, The Supreme Court Justices: Illustrated Biographies,1789-1995 (2nd ed.) (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) ISBN 1568021267; ISBN 9781568021263.
• Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers: 1995) ISBN 0791013774, ISBN 978-0791013779.
• Martin, Fenton S. and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography, (Congressional Quarterly Books, 1990). ISBN 0871875543.
• Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary (New York: Garland Publishing 1994). 590 pp. ISBN 0815311761; ISBN 978-0815311768.

External links

Legal offices
Preceded by Edward Terry Sanford	Associate Justice of the Supreme Court of the United States May 20, 1930 – July 31, 1945	Succeeded by Harold Hitz Burton

Persondata
Name	Roberts, Owen Josephus
Alternative names
Short description
Date of birth	May 2, 1875
Place of birth	Philadelphia, PA
Date of death	May 17, 1955
Place of death	West Vincent, PA