John Marshall Harlan II

This is a good article. Click here for more information.
Source: Wikipedia, the free encyclopedia.

John Marshall Harlan II
Associate Justice of the Supreme Court of the United States
In office
March 28, 1955 – September 23, 1971
Nominated byDwight D. Eisenhower
Preceded byRobert H. Jackson
Succeeded byWilliam Rehnquist
Judge of the United States Court of Appeals for the Second Circuit
In office
February 10, 1954 – March 27, 1955
Nominated byDwight D. Eisenhower
Preceded byAugustus Noble Hand
Succeeded byJ. Edward Lumbard
Personal details
Born
John Marshall Harlan

(1899-05-20)May 20, 1899
Chicago, Illinois, U.S.
DiedDecember 29, 1971(1971-12-29) (aged 72)
Washington, D.C., U.S.
Resting placeEmmanuel Church Cemetery, Weston, Connecticut, U.S.
Spouse
Ethel Andrews
​
(m. 1928)​
Children1
Parent
RelativesJohn Marshall Harlan (grandfather)
EducationPrinceton University (AB)
Balliol College, Oxford
New York Law School (LLB)
Military service
AllegianceUnited States
Branch/service
Years of service1943–1945
RankColonel
This article is part of a series on
Conservatism
in the United States
Schools
Principles
History
Intellectuals
Politicians
Jurists
Commentators
Activists
Works
Parties
Active

Defunct

Think tanks
Other organizations

Economics

Gun rights

Identity politics

Nationalism

Religion

Watchdog groups

Youth/student groups

Miscellaneous

Other

Media

Newspapers

Journals

TV channels

Websites

Other

Movements
See also

John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an

associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him from his grandfather, John Marshall Harlan
, who served on the U.S. Supreme Court from 1877 to 1911.

Harlan was a student at

Dwight Eisenhower nominated Harlan to the United States Supreme Court following the death of Justice Robert H. Jackson.[2]

Harlan is often characterized as a member of the conservative wing of the

United States Constitution.[4] Justice Harlan was gravely ill when he retired from the Supreme Court on September 23, 1971.[5] He died from spinal cancer three months later, on December 29, 1971. After Harlan's retirement, President Nixon appointed William Rehnquist
to replace him.

Early life and career

John Marshall Harlan was born on May 20, 1899, in

James Harlan was a congressman during the 1830s;[7] his grandfather, also John Marshall Harlan, was an associate justice of the United States Supreme Court from 1877 to 1911; and his uncle, James S. Harlan, was attorney general of Puerto Rico and then chairman of the Interstate Commerce Commission.[5][7]

In his younger years, Harlan attended

The Latin School of Chicago.[1] He later attended two boarding high schools in the Toronto Area, Canada: Upper Canada College and Appleby College.[1] Upon graduation from Appleby, Harlan returned to the U.S. and in 1916 enrolled at Princeton University. There, he was a member of the Ivy Club, served as an editor of The Daily Princetonian, and was class president during his junior and senior years.[1] After graduating from the university in 1920 with an Artium Baccalaureus degree, he received a Rhodes Scholarship to attend Balliol College, Oxford, making him the first Rhodes Scholar to sit on the Supreme Court.[7] He studied jurisprudence at Oxford for three years, returning from England in 1923.[5] Upon his return to the United States, he began work with the law firm of Root, Clark, Buckner & Howland (which became Dewey & LeBoeuf), one of the leading law firms in the country, while studying law at New York Law School. He received his Bachelor of Laws in 1924 and earned admission to the bar in 1925.[8]

Between 1925 and 1927, Harlan served as

trial lawyer at the firm.[5]

As a trial lawyer Harlan was involved in a number of famous cases. One such case was the conflict over the estate left after the death in 1931 of

dividends.[12] In 1940, he represented the New York Board of Higher Education unsuccessfully in the Bertrand Russell case in its efforts to retain Bertrand Russell on the faculty of the City College of New York; Russell was declared "morally unfit" to teach.[7] The future justice also represented boxer Gene Tunney in a breach of contract suit brought by a would-be fight manager, a matter settled out of court.[9][12]

In 1937, Harlan was one of five founders of a eugenics advocacy group called the Pioneer Fund, which had been formed to introduce Nazi ideas on eugenics to the United States. He had likely been invited into the group due to his expertise in non-profit organizations. Harlan served on the Pioneer Fund's board until 1954. He did not play a significant role in the fund.[13][14]

During World War II, Harlan volunteered for military duty, serving as a

antitrust law.[5]

Personal life

In 1928, Harlan married Ethel Andrews, who was the daughter of Yale history professor Charles McLean Andrews.[6] This was the second marriage for her. Ethel was originally married to New York architect Henry K. Murphy, who was twenty years her senior. After Ethel divorced Murphy in 1927, her brother John invited her to a Christmas party at Root, Clark, Buckner & Howland,[15] where she was introduced to John Harlan. They saw each other regularly afterwards and married on November 10, 1928, in Farmington, Connecticut.[6]

Harlan, a

Presbyterian, maintained a New York City apartment, a summer home in Weston, Connecticut, and a fishing camp in Murray Bay, Quebec,[12] a lifestyle he described as "awfully tame and correct".[9] The justice played golf, favored tweeds, and wore a gold watch which had belonged to the first Justice Harlan.[9] In addition to carrying his grandfather's watch, when he joined the Supreme Court he used the same furniture which had furnished his grandfather's chambers.[9]

John and Ethel Harlan had one daughter, Evangeline Dillingham (born on February 2, 1932).

West Redding, Connecticut, until his death, and had five children.[5][16] One of Eve's children, Amelia Newcomb, is the international news editor at The Christian Science Monitor[17] and has two children: Harlan, named after John Marshall Harlan II, and Matthew Trevithick.[18] Another daughter, Kate Dillingham
, is a professional cellist and published author.

Second Circuit service

Harlan was nominated by President Dwight D. Eisenhower on January 13, 1954, to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge Augustus Noble Hand. Harlan knew this court well, as he had often appeared before it and was friendly with many of the judges.[9] He was confirmed by the United States Senate on February 9, 1954, and received his commission on the next day. His service terminated on March 27, 1955, due to his elevation to the Supreme Court.[19]

Supreme Court service

Harlan was nominated by President Eisenhower on January 10, 1955, as an

associate justice of the Supreme Court of the United States, to succeed Robert H. Jackson.[2] On being nominated, the reticent Harlan called reporters into his chambers in New York, and stated, in full, "I am very deeply honored."[20] He was confirmed by the Senate on March 16, 1955, by a 71–11 vote,[21] and was sworn into office on March 28, 1955.[22] Despite the brevity of his stay on the Second Circuit, Harlan would serve as the Circuit Justice responsible for the Second Circuit throughout his Supreme Court capacity, and, in that capacity, enjoyed attending the Circuit's annual conference, bringing his wife and catching up on the latest gossip.[9] Additionally, he served as Circuit Justice for the Ninth Circuit from June 25 to June 26, 1963. He assumed retired status on September 23, 1971, serving in that capacity until his death on December 29, 1971.[19]

Portrait of Harlan

Harlan's nomination came shortly after the Supreme Court handed down its landmark decision in

civil rights.[24] Unlike almost all previous Supreme Court nominees, Harlan appeared before the Senate Judiciary Committee to answer questions relating to his judicial views. Every Supreme Court nominee since Harlan has been questioned by the Judiciary Committee before confirmation.[25] The Senate finally confirmed him on March 17, 1955, by a vote of 71–11.[26] He took his seat on March 28, 1955.[5] Of the eleven senators who voted against his appointment, nine were from the South. He was replaced on the Second Circuit by J. Edward Lumbard.[27]

On the Supreme Court, Harlan often voted alongside Justice Felix Frankfurter,[4] who was his principal mentor on the court.[15] Some legal scholars even viewed him as "Frankfurter without mustard", though others recognize his own important contributions to the evolution of legal thought.[4] Harlan was an ideological adversary—but close personal friend—of Justice Hugo Black,[28] with whom he disagreed on a variety of issues, including the applicability of the Bill of Rights to the states, the Due Process Clause, and the Equal Protection Clause.[3]

Justice Harlan was very close to the

law clerks whom he hired, and continued to take an interest in them after they left his chambers to continue their legal careers. The justice would advise them on their careers, hold annual reunions, and place pictures of their children on his chambers' walls. He would say to them of the Warren Court, "We must consider this only temporary," that the Court had gone astray, but would soon right itself.[9]

Justice Harlan is remembered by people who worked with him for his tolerance and civility. He treated his fellow Justices, clerks and attorneys representing parties with respect and consideration. While Justice Harlan often strongly objected to certain conclusions and arguments, he never criticized other justices or anybody else personally, and never said any disparaging words about someone's motivations and capacity.

Paul Freund
said of him:

His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge.[30]

Jurisprudence

Harlan's jurisprudence is often characterized as conservative. He held

stare decisis more closely than many of his Supreme Court colleagues.[4] Unlike Justice Black, he eschewed strict textualism. While he believed that the original intention of the Framers should play an important part in constitutional adjudication, he also held that broad phrases like "liberty" in the Due Process Clause could be given an evolving interpretation.[31]

Harlan believed that most problems should be solved by the

political process, and that the judiciary should play only a limited role.[3] In his dissent to Reynolds v. Sims,[32]
he wrote:

These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.[32]

However, Harlan was not a social conservative.[33] He wrote the plurality opinion in Manual Enterprises, Inc. v. Day, ruling that photographs of nude men are not obscene, one of the first major victories for the early gay rights movement.[34] Despite Harlan's conservatism, he opposed the Vietnam War and along with Justices William O. Douglas, Potter Stewart and William J. Brennan Jr. unsuccessfully pushed for the Court to hear challenges to its legality.[35]

Equal Protection Clause

The Supreme Court decided several important equal protection cases during the first years of Harlan's career. In these cases, Harlan regularly voted in favor of civil rights—similar to his grandfather, the only dissenting justice in the infamous Plessy v. Ferguson case.[36]

He voted with the majority in

African-Americans. Moreover, he joined the unanimous decision in Loving v. Virginia,[39]
which struck down state laws that banned interracial marriage.

Due Process Clause

Justice Harlan advocated a broad interpretation of the Fourteenth Amendment's Due Process Clause. He subscribed to the doctrine that the clause not only provided procedural guarantees, but also protected a wide range of fundamental rights, including those that were not specifically mentioned in the text of the Constitution.

Moore v. East Cleveland, "no one was more sensitive than Mr. Justice Harlan to any suggestion that his approach to the Due Process Clause would lead to judges 'roaming at large in the constitutional field'."[41] Under Harlan's approach, judges would be limited in the Due Process area by "respect for the teachings of history, solid recognition of the basic values that underlie our society, and wise appreciation of the great roles that the doctrines of federalism and separation of powers have played in establishing and preserving American freedoms".[42]

Harlan set forth his interpretation in an often cited dissenting opinion to

searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints."[43] He suggested that the due process clause encompassed a right to privacy, and concluded that a prohibition on contraception violated this right.[44]

The same law was challenged again in

penumbras" of other provisions of the Bill of Rights. Justice Harlan concurred in the result, but criticized the Court for relying on the Bill of Rights in reaching its decision. "The Due Process Clause of the Fourteenth Amendment stands," he wrote, "on its own bottom."[42] The Supreme Court would later adopt Harlan's approach, relying on the due process clause rather than the penumbras of the Bill of Rights in right to privacy cases such as Roe v. Wade[45] and Lawrence v. Texas.[46]

Harlan's interpretation of the Due Process Clause attracted the criticism of Justice Black, who rejected the idea that the Clause included a "substantive" component, considering this interpretation unjustifiably broad and historically unsound, one of the few issues in which Black was more conservative than Harlan. The Supreme Court has agreed with Harlan, and has continued to apply the doctrine of substantive due process in a wide variety of cases.[3]

Incorporation

See also:
Incorporation (Bill of Rights)

Justice Harlan was strongly opposed to the theory that the Fourteenth Amendment "incorporated" the Bill of Rights—that is, made the provisions of the Bill of Rights applicable to the states.[47] His opinion on the matter was opposite to that of his grandfather, who supported the full incorporation of the Bill of Rights.[48] When it was originally ratified, the Bill of Rights was binding only upon the federal government, as the Supreme Court ruled in the 1833 case Barron v. Baltimore.[49] Some jurists argued that the Fourteenth Amendment made the entirety of the Bill of Rights binding upon the states as well. Harlan, however, rejected this doctrine, which he called "historically unfounded" in his Griswold concurrence.[42]

Instead, Justice Harlan believed that the Fourteenth Amendment's due process clause only protected "fundamental" rights. Thus, if a guarantee of the Bill of Rights was "fundamental" or "implicit in the concept of ordered liberty," Harlan agreed that it applied to the states as well as the federal government.

free speech clause applied to the states,[50] but that the Fifth Amendment's self-incrimination clause did not.[4]

Harlan's approach was largely similar to that of Justices

Benjamin Cardozo and Felix Frankfurter.[4] It drew criticism from Justice Black, a proponent of the total incorporation theory.[1] Black claimed that the process of identifying some rights as more "fundamental" than others was largely arbitrary, and depended on each Justice's personal opinions.[28]

The Supreme Court has eventually adopted some elements of Harlan's approach, holding that only some Bill of Rights guarantees were applicable against the states—the doctrine known as selective incorporation. However, under Chief Justice Earl Warren during the 1960s, an increasing number of rights were deemed sufficiently fundamental for incorporation (Harlan regularly dissented from these rulings). Hence, the majority of provisions from the Bill of Rights have been extended to the states; the exceptions are the Third Amendment, the grand jury clause of the Fifth Amendment, the Seventh Amendment, the Ninth Amendment, and the Tenth Amendment. Thus, although the Supreme Court has agreed with Harlan's general reasoning, the result of its jurisprudence is very different from what Harlan advocated.[47]

First Amendment

Justice Harlan supported many of the Warren Court's landmark decisions relating to the

prayers in public schools. In Epperson v. Arkansas,[53] he similarly voted to strike down an Arkansas law banning the teaching of evolution
.

In many cases, Harlan took a fairly broad view of First Amendment rights such as the freedom of speech and of the press, although he thought that the First Amendment applied directly only to the federal government.[50] According to Harlan the freedom of speech was among the "fundamental principles of liberty and justice" and therefore applicable also to states, but less stringently than to the national government. Moreover, Justice Harlan believed that federal laws censoring "obscene" publications violated the free speech clause.[50] Thus, he dissented from Roth v. United States,[54] in which the Supreme Court upheld the validity of a federal obscenity law. At the same time, Harlan did not believe that the Constitution prevented the states from censoring obscenity.[55] He explained in his Roth dissent:

The danger is perhaps not great if the people of one State, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive and non-sellable, for the State next door is still free to make its own choice. At least we do not have one uniform standard. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. ... The fact that the people of one State cannot read some of the works of D. H. Lawrence seems to me, if not wise or desirable, at least acceptable. But that no person in the United States should be allowed to do so seems to me to be intolerable, and violative of both the letter and spirit of the First Amendment.[54]

Harlan concurred in

American flag. In 1969 he noted that the Supreme Court had consistently "rejected all manner of prior restraint on publication."[58]

When Harlan was a Circuit Judge in 1955,[59] he authorized the decision upholding the conviction of leaders of the Communist Party USA (including Elizabeth Gurley Flynn) under the Smith Act. The ruling was based on the previous Supreme Court's decisions, by which the Court of Appeals was bound. Later, when he was a Supreme Court justice, Harlan, however, wrote an opinion overturning the conviction of Communist Party activists as unconstitutional in the case of Yates v. United States.[60] Another such case was Watkins v. United States.[61]

Harlan penned the majority opinion in Cohen v. California,[62] holding that wearing a jacket emblazoned with the words "Fuck the Draft" was speech protected by the First Amendment. His opinion was later described by constitutional law expert Professor Yale Kamisar as one of the greatest ever written on freedom of expression.[9] In the Cohen opinion, Harlan famously wrote "one man's vulgarity is another's lyric," a quote that was later denounced by Robert Bork as "moral relativism".[63]

Justice Harlan is credited for establishing that the First Amendment protects the freedom of association.

Tinker v. Des Moines,[67]
in which the Supreme Court ruled that students had the right to wear armbands (as a form of protest) in public schools.

Criminal procedure

During the 1960s the Warren Court made a series of rulings expanding the rights of criminal defendants. In some instances, Justice Harlan concurred in the result,[68] while in many other cases he found himself in dissent. Harlan was usually joined by the other moderate members of the Court: Justices Potter Stewart, Tom Clark, and Byron White.[4]

Most notably, Harlan dissented from Supreme Court rulings restricting interrogation techniques used by law enforcement officers. For example, he dissented from the Court's holding in Escobedo v. Illinois,[69] that the police could not refuse to honor a suspect's request to consult with his lawyer during an interrogation. Harlan called the rule "ill-conceived" and suggested that it "unjustifiably fetters perfectly legitimate methods of criminal law enforcement." He disagreed with Miranda v. Arizona,[70] which required law enforcement officials to warn a suspect of his rights before questioning him (see Miranda warning). He closed his dissenting opinion with a quotation from his predecessor, Justice Robert H. Jackson: "This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."[70]

In Gideon v. Wainwright,[68] Justice Harlan agreed that the Constitution required states to provide attorneys for defendants who could not afford their own counsel. However, he believed that this requirement applied only at trial, and not on appeal; thus, he dissented from Douglas v. California.[71]

Harlan wrote the majority opinion in

Marijuana Tax Act unconstitutional based on the Fifth Amendment protection against self-incrimination.[72]

Justice Harlan's concurrence in Katz v. United States[73] set forth the test for determining whether government conduct constituted a search. In this case the Supreme Court held that eavesdropping on the petitioner's telephone conversation constituted a search in the meaning of the Fourth Amendment and thus required a warrant.[4] According to Justice Harlan, there is a two-part requirement for a search: (1) that the individual have a subjective expectation of privacy; and (2) that the individual's expectation of privacy is "one that society is prepared to recognize as 'reasonable.'"[73]

Voting rights

See also: Gerrymandering

Justice Harlan rejected the theory that the Constitution enshrined the so-called "

malapportionment issues and therefore were entitled to review the validity of district boundaries. Harlan, however, dissented, on the grounds that the plaintiffs failed to demonstrate that malapportionment violated their individual rights.[76]

Then, in Wesberry v. Sanders,[77] the Supreme Court, relying on the Constitution's requirement that the United States House of Representatives be elected "by the People of the several States," ruled that congressional districts in any particular state must be approximately equal in population. Harlan vigorously dissented, writing, "I had not expected to witness the day when the Supreme Court of the United States would render a decision which casts grave doubt on the constitutionality of the composition of the House of Representatives. It is not an exaggeration to say that such is the effect of today's decision."[77] He proceeded to argue that the Court's decision was inconsistent with both the history and text of the Constitution; moreover, he claimed that only Congress, not the judiciary, had the power to require congressional districts with equal populations.[74]

Harlan was the sole dissenter in

one man, one vote
principle, and that the Court was merely imposing its own political theories on the nation. He suggested, in addition, that the problem of malapportionment was one that should be solved by the political process, and not by litigation. He wrote:

This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.[32]

For similar reasons, Harlan dissented from Carrington v. Rash,

poll tax
as a qualification to vote.

Retirement and death

John M. Harlan's health began to deteriorate towards the end of his career. His eyesight began to fail during the late 1960s.[80] To cover this, he would bring materials to within an inch of his eyes, and have clerks and his wife read to him (once when the Court took an obscenity case, a chagrined Harlan had his wife read him Lady Chatterley's Lover).[20] Gravely ill, he retired from the Supreme Court on September 23, 1971.[5]

Harlan died from

spinal cancer[30] three months later, on December 29, 1971.[2] He was buried at the Emmanuel Church Cemetery in Weston, Connecticut.[81][82] President Richard Nixon considered nominating Mildred Lillie, a California appeals court judge, to fill the vacant seat; Lillie would have been the first female nominee to the Supreme Court. However, Nixon decided against Lillie's nomination after the American Bar Association found Lillie to be unqualified.[83] Thereafter, Nixon nominated William Rehnquist (a future Chief Justice), who was confirmed by the Senate.[80]

Despite his many dissents, Harlan has been described as one of the most influential Supreme Court justices of the twentieth century.[84] He was elected a Fellow of the American Academy of Arts and Sciences in 1960.[85] Harlan's extensive professional and Supreme Court papers (343 cubic feet) were donated to Princeton University, where they are housed at the Seeley G. Mudd Manuscript Library and open to research.[86] Other papers repose at several other libraries. Ethel Harlan, his wife, outlived him by only a few months and died on June 12, 1972.[87] She suffered from Alzheimer's disease for the last seven years of her life.[15]

See also

Notes

  1. ^ a b c d e Yarbrough, 1992, pp. 10–11
  2. ^ a b c d e "John Marshall Harlan Papers". Princeton University Library. Archived from the original on June 22, 2007. Retrieved August 14, 2008.
  3. ^ a b c d Yarbrough, 1989, Chapter 3, The bill of rights and the states
  4. ^ a b c d e f g h i j Vasicko, 1980
  5. ^ a b c d e f g h i j k l Dorsen, 2002, pp. 139–143
  6. ^ a b c d Yarbrough, 1992, pp. 33–35, 41.
  7. ^ a b c d e Leitch 1978, pp. ?
  8. ^ a b Yarbrough, 1992, pp. 13–16
  9. ^ a b c d e f g h i j k Oeslner, Lesley (December 30, 1971). "Harlan dies at 72; on Court 16 years". The New York Times. Retrieved April 17, 2009. (subscription required)
  10. ^ Yarbrough, 1992, pp. 41–51
  11. ^ 288 N.Y. 280, 43 N.E.2d 43 (1942)
  12. ^ a b c Yarbrough, 1992, pp. 52–53
  13. ^ Tucker, 2002, pp. 6, 51–53
  14. SSRN 313820
    .
  15. ^ a b c Lamb, Brian (1992). "Interview with Tinsley Yarbrough, the author of John Marshall Harlan: Great Dissenter of the Warren Court". National Cable Satellite Corporation. Archived from the original on November 15, 2011. Retrieved December 30, 2011.
  16. ^ "Maud Dillingham, Cesar Becerra Jr". New York Times. July 13, 1997. Archived from the original on March 5, 2016. Retrieved April 15, 2009.
  17. ^ "Amelia Newcomb, Christian Science Monitor", International Reporting Project, archived from the original on April 2, 2016
  18. ^ Matt Trevithick Archived March 24, 2012, at the Wayback Machine. Boston University Terrier Athletics.
  19. ^ a b "Harlan, John Marshall - Federal Judicial Center". www.fjc.gov. Archived from the original on November 5, 2018. Retrieved November 4, 2018.
  20. ^ a b Rosenbaum, David E. (September 24, 1971). "A lawyer's judge; John Marshall Harlan". The New York Times. Retrieved April 17, 2009. (subscription required)
  21. ^ McMillion, Barry J. (January 28, 2022). Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved February 19, 2022.
  22. ^ "Justices 1789 to Present". Washington, D.C.: Supreme Court of the United States. Retrieved February 19, 2022.
  23. ^ 347 U.S. 483 (1954)
  24. ^ Dorsen, 2006
  25. ^ "United States Senate. Nominations". United States Senate. Archived from the original on April 7, 2019. Retrieved October 9, 2008.
  26. ^ Epstein, 2005
  27. ^ Ravo, Nick (June 9, 1999). "J. Edward Lumbard Jr., 97, Judge and Prosecutor, Is Dead". The New York Times. New York. Archived from the original on November 8, 2021. Retrieved October 9, 2008.
  28. ^
    Oyez.org. Archived
    from the original on September 16, 2008. Retrieved August 14, 2008.
  29. ^ Dorsen, 2002, pp. 147, 156, 162.
  30. ^ a b Staff writer (June 10, 1972). "The Judges' Judge". Time. Archived from the original on October 22, 2010. Retrieved April 15, 2009.
  31. ^ Dripps, 2005, pp. 125–131
  32. ^ a b c d 377 U.S. 533, 589 (1964), Harlan J., dissenting
  33. ISBN 9780465015146
    . Retrieved August 15, 2022.
  34. ^ "Manual Enterprises, INC. v. Day". Oyez. Retrieved August 15, 2022.
  35. ^ Schoen, Ronert. "A Strange Silence: Vietnam and the Supreme Courft" (PDF). Texas Tech University. Retrieved August 15, 2022.
  36. ^ 163 U.S. 537, 552 (1896), Harlan J., dissenting
  37. ^ 358 U.S. 1, 4 (1958)
  38. ^ 364 U.S. 339 (1960)
  39. ^ 388 U.S. 1 (1967)
  40. ^ Wildenthal, 2000, p. 1463
  41. ^ 431 U.S. 494, 544 (1977), White, B., dissenting
  42. ^ a b c d 381 U.S. 479, 501 (1965), Harlan, J., concurring in the judgment
  43. ^ a b 367 U.S. 497, 522 (1961), Harlan, J., dissenting
  44. ^ Dripps, 2005, p. 144
  45. ^ 410 U.S. 113 (1972)
  46. ^ 539 U.S. 558 (2003)
  47. ^ a b Cortner, 1985
  48. ^ Wildenthal, 2000
  49. ^ 32 U.S. 243 (1833)
  50. ^ a b c d e O'Neil, 2001
  51. ^ 367 U.S. 488 (1961)
  52. ^ 370 U.S. 421 (1962)
  53. ^ 393 U.S. 97, 114 (1968), Harlan, J., concurring
  54. ^ a b 354 U.S. 476, 496 (1957), Harlan, J., concurring in the result in No. 61, and dissenting in No. 582
  55. ^ O'Neil, 2001, pp. 63–64
  56. ^ 376 U.S. 254 (1964)
  57. ^ 394 U.S. 576 (1969)
  58. ^ Abrams, 2005, pp. 15–16
  59. ^ "Banken und Finanzprodukte im Vergleich - BankVergleich.com". BankVergleich.com. Archived from the original on October 12, 2008. Retrieved April 15, 2009.
  60. ^ 354 U.S. 298, 300 (1957)
  61. ^ 354 U.S. 178 (1957)
  62. ^ 403 U.S. 15 (1971)
  63. ^ "Conversations: Robert Bork says, Give me liberty, but don't give me filth". Christianity Today. May 19, 1997. Archived from the original on September 7, 2008. Retrieved April 12, 2009.
  64. ^ 357 U.S. 449 (1958)
  65. ^ 385 U.S. 39 (1966)
  66. ^ 383 U.S. 131, 151 (1966), Mr. Justice Black, with whom Mr. Justice Clark, Mr. Justice Harlan, and Mr. Justice Stewart join dissenting
  67. ^ 393 U.S. 503, 526 (1969), Harlan, J., dissenting
  68. ^ a b 372 U.S. 335, 349 (1963), Harlan, J., concurring
  69. ^ 378 U.S. 478, 492 (1964), Harlan, J., dissenting
  70. ^ a b 384 U.S. 436, 504 (1965), Harlan, J., dissenting
  71. ^ 372 U.S. 353, 360 (1963), Harlan, J., dissenting
  72. ^ 395 U.S. 6 (1969)
  73. ^ a b 389 U.S. 347 (1967)
  74. ^ a b Hickok, 1991, pp. 5–7
  75. ^ 328 U.S. 549, 556 (1946)
  76. ^ a b 369 U.S. 186, 266 (1962), Harlan, J., dissenting
  77. ^ a b 376 U.S. 1, 20 (1964), Harlan, J., dissenting
  78. ^ a b 380 U.S. 89, 97 (1965), Harlan, J., dissenting
  79. ^ 383 U.S. 663, 680 (1966)
  80. ^ a b Dean, 2001
  81. ^ "Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook". Archived from the original on September 3, 2005. Retrieved November 24, 2013. Supreme Court Historical Society at Internet Archive.
  82. S2CID 145227968
    ..
  83. ^ a MetNews staff writer (October 31, 2002). "Justice Lillie Remembered for Hard Work, Long Years of Service". Metropolitan News-Enterprise. Archived from the original on September 6, 2008. Retrieved August 16, 2008.
  84. ^ Yarbrough, 1992
  85. ^ "Book of Members, 1780–2010: Chapter H" (PDF). American Academy of Arts and Sciences. Archived (PDF) from the original on October 8, 2018. Retrieved April 15, 2011.
  86. ^ "John Marshall Harlan Papers, 1884-1972 (mostly 1936-1971) - Finding Aids". findingaids.princeton.edu. Retrieved October 5, 2022.
  87. ^ Staff (June 13, 1972). "Mrs. John Marshall Harlan, 76, Widow of Supreme Court Justice". New York Times. Archived from the original on January 14, 2012. Retrieved April 15, 2009.

References

Further reading

External links
Legal offices
Preceded by Judge of the United States Court of Appeals for the Second Circuit
1954–1955 		Succeeded by
Preceded by Associate Justice of the Supreme Court of the United States
1955–1971 		Succeeded by
Retrieved from "https://en.wikipedia.org/w/index.php?title=John_Marshall_Harlan_II&oldid=1222621205"