Willis Van Devanter

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Willis Van Devanter
Associate Justice of the Supreme Court of the United States
In office
January 3, 1911 – June 2, 1937
Nominated byWilliam Howard Taft
Preceded byEdward Douglass White
Succeeded byHugo Black
Judge of the United States Court of Appeals for the Eighth Circuit
In office
February 4, 1903 – December 16, 1910
Nominated byTheodore Roosevelt
Preceded bySeat established
Succeeded byWalter Smith
Personal details
Born(1859-04-17)April 17, 1859
Marion, Indiana, U.S.
DiedFebruary 8, 1941(1941-02-08) (aged 81)
Washington, D.C., U.S.
Resting placeRock Creek Cemetery
Political partyRepublican
SpouseDelice Burhans
Children2
EducationUniversity of Cincinnati (LLB)
Signature

Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an associate justice of the Supreme Court of the United States from 1911 to 1937.[1] He was a staunch conservative and was regarded as a part of the Four Horsemen, the conservative bloc which dominated the Supreme Court during the 1930s.

Early life

Van Devanter was born in

Cincinnati Law School in 1881. He was a member of the Beta Theta Pi fraternity and the Knights of Pythias
.

Legal, political and state judicial careers

In 1884, Van Devanter moved to the Wyoming Territory where he became the city attorney of Cheyenne. He served on a commission to revise the statutes of Wyoming Territory in 1886, and as a member of the territorial legislature in 1888.[2] He also served as an attorney to the Wyoming Stock Growers Association during the 1889–93 Johnson County War, managing to strain the local courts' (and county's) budget and delay trials while his clients and their allies worked to make key witnesses and the gunman unavailable, as well as securing favorable press coverage from the state's most influential papers while threatening to sue the Johnson County paper for slander.[3]

He served as chief justice of the

Union Pacific
and other railroads were among his major clients.

In 1896 Van Devanter represented the state of Wyoming before the U.S. Supreme Court in

Federal District Court; the judgment was reversed on appeal to the Supreme Court by a 7–1 majority.[4][5][6]

From 1897 to 1903 Van Devanter served in

from 1897 to 1903.

Federal judicial service

Eighth Circuit Court of Appeals

On February 4, 1903, President Theodore Roosevelt nominated Van Devanter to a newly created seat on the Eighth Circuit Court of Appeals. He was confirmed by the United States Senate on February 18, 1903, and received his commission the same day.[2]

United States Supreme Court

On December 12, 1910, President

associate justice of the United States Supreme Court, to a seat vacated by Edward D. White.[2] He was confirmed by the U.S. Senate on December 15, 1910,[7] He was sworn into office on January 3, 1911.[1]

Van Devanter's former DC residence at 2108 Wyoming Avenue NW

On the court, he made his mark in opinions on

antisemitic but less openly so than McReynolds, who refused to interact with or speak to eventual Jewish Supreme Court Justices Louis Brandeis, Benjamin N. Cardozo, and Felix Frankfurter; Van Devanter's interactions with them were non-fractious. His opinion in United States v. Sandoval (1913) held that because the New Mexico Pueblos were "intellectually and morally inferior" and "easy victims to the evils and debasing influence of intoxicants" they were subject to restrictions on alcohol sales in Indian Country.[9] The decision has since been the basis for Pueblo self-government and protection of tribal lands.[10]

Van Devanter had chronic "pen paralysis",[11] and, as a result, he wrote fewer opinions than the other justices, averaging three a term during his last decade on the Court.[8] He rarely wrote on constitutional issues.[11] However, he was widely respected as an expert on judicial procedure. In December 1921, Chief Justice Taft appointed him, along with Justices McReynolds and Sutherland, to draw up a proposal that would amend the nation's Judicial code and which would define further the jurisdiction of the nation's circuit courts.

Known widely as "the Judges' Bill", it retained mandatory jurisdiction over cases that raised questions regarding federal jurisdiction. It called for the circuit courts of appeal to have appellate jurisdiction to review "by appeal or writ of error" final decisions in the district courts, as well as for the district courts for Alaska, Hawaii, Puerto Rico,

Federal Reserve Board and the Federal Trade Commission
. The proposed bill further provided that "a final judgment or decree in any suit in the highest court of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of the United States may be reviewed by the Supreme Court on a writ of error." Lastly, cases involving final decrees which brought into question the validity of a wide range of Federal or state treaties would come to the Court by certiorari. Four justices would be required to vote affirmatively to accept petitions, which meant that the Court's agenda would now be enrolled by "judicial review." The Chief Justice, together with the three Justices, made repeated trips to Congress, and in 1925, after two years of debate, the new Code was passed.

Retirement and final years

Van Devanter's influence began to wane in the early 1930s with the departures of Chief Justice Taft and Justice Sanford and he ultimately

Economy Act.[14] He was the last serving Supreme Court Justice appointed by President Taft. Van Devanter was replaced by Hugo Black.[15]

After retirement, he lived on a 700 acres (280 ha) farm near Ellicott City, Maryland.[16][17] He also remained available to hear cases in the lower courts and presided over civil trials.[18]

At the turn of the century, Van Devanter purchased Pate Island in the Woods Bay area along Georgian Bay in Ontario, Canada. There he enjoyed hunting and fishing.[19]

Van Devanter died in Washington, D.C., on February 8, 1941,[2] and is buried there in Rock Creek Cemetery.[20] His personal and judicial papers are archived at the Manuscript Division of the Library of Congress.

See also

References

  1. ^ a b c "Justices 1789 to Present". Washington, D.C.: Supreme Court of the United States. Retrieved February 15, 2022.
  2. ^ a b c d e f "Van Devanter, Willis". Washington, D.C.: Federal Judicial Center. Retrieved February 15, 2022.
  3. . p. 239-240
  4. ^ a b Made in Wyoming, Willis VanDevanter.[permanent dead link]
  5. justia.com
    .
  6. justia.com
    .
  7. ^ 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 15, 2022.
  8. ^ . Page 89.
  9. ^ 231 U.S. 28, 34 S.Ct. 1 (1913).
  10. ^ See generally Gerald Torres, Who is an Indian?: The Story of United States v. Sandoval in INDIAN LAW STORIES (Goldberg, et al. eds.)
  11. ^
    Oyez.org
  12. ^ "Roosevelt's New Deal". Archived from the original on December 14, 2010. Retrieved February 10, 2011.
  13. ^ a b Oliver Wendell Holmes: law and the inner self, G. Edward White pg. 469
  14. ^ McKenna, Marian Cecilia. Franklin Roosevelt and the Great Constitutional War: The Court-Packing Crisis of 1937. New York: Fordham University, 2002, p. 35-36, 335-336.
  15. . Page 93.
  16. ^ "Van Devanter is 79". The New York Times. April 18, 1938. Retrieved February 15, 2022.
  17. ^ Cushman, Clare (August 20, 2013). "What they did on summer vacation". scotusblog.com. Retrieved February 15, 2022.
  18. ^ Barnes, Robert (March 10, 2013). "Retired Supreme Court Justices Still Judge – and Get Judged". The Washington Post. Retrieved February 15, 2022.
  19. ^ " MacMahon, Paul." Island Odyssey A History of the Sans Souci Area of Georgian Bay. Toronto: D. W. Friesen& Sons Ltd., 1990, Pages:236,237
  20. ^ Christensen, George A. "Here Lies the Supreme Court: Gravesites of the Justices". Yearbook 1983 Supreme Court Historical Society (1983). Washington, D.C.: Supreme Court Historical Society: 17–30. Archived from the original on September 3, 2005. Retrieved February 15, 2022 – via Internet Archive.

Further reading

Legal offices
New seat Judge of the United States Court of Appeals for the Eighth Circuit
1903–1910
Succeeded by
Preceded by Associate Justice of the Supreme Court of the United States
1911–1937
Succeeded by