A Falling Out: The Relationship Between Oliver Wendell Holmes and Theodore Roosevelt

Abstract

Theodore Roosevelt is often credited with founding and shaping the modern American presidency.1 With his appointment of Oliver Wendell Holmes to the Supreme Court of the United States, Roosevelt also set in motion a force that would transform the judiciary. However, it did not go as Roosevelt had planned. Holmes’ refusal to conform to Roosevelt’s desires in Northern Securities Co. v. United States2 demonstrated that Holmes was his own man and not Roosevelt’s instrument. The decision brought an abrupt halt to what had been becoming a close friendship between the two men. Over the years the rift deepened. The bitterness that grew between them reflected more than a difference of opinion over law and economic principles; it reflected the type of disillusionment that comes only when a friend fails to live up to expectations.