William Howard Taft and the Importance of Unanimity

Abstract

William Howard Taft and the Importance of Unanimity* SANDRA DAY O’CONNOR This Term, the Historical Society has put on a wonderful series about the man who is widely—and rightly—regarded as this Court’s greatest Chief Justice. Through his recognition ofthe right ofjudicial review, John Marshall secured for this Court a role in shaping the nation’s most important principles: racial equality, individual liberty, the meaning of democracy, and so many others. Learning more about John Marshall this Term has caused me to think about another great Chief Justice, who perhaps deserves al­ most as much credit as Marshall forthe Court’s modern-day role, but does not often receive the recognition: William Howard Taft. Taft, of course, was remarkable even before he became ChiefJustice—but even the presidency did not hold as much charm for Taft as did his eventual position on the Court. Mrs. Taft noted in her memoirs that “[NJever did he cease to regard a Supreme Court appointment as vastly more desirable than the Presidency.”1 Mrs. Taft, however, disagreed. She loved being First Lady, and was a good one, at that. She was responsible for bringing the cherry blossoms to Washington, a feat for which I am particularly grateful. She also made a bit of history on March 4,1909 by becoming the first First Lady to accompany her husband from the Capitol to the White House on Inauguration Day.2 She was a difficult woman to refuse. Taft, on the other hand, was an unpop­ ular President. His bid for re-election was so unsuccessful that he himself described his defeat as “not only a landslide but a tidal wave and holocaust all rolled into one general cataclysm.”3 Despite his failures as President, however, as chief executive of the Court Taft could only be considered a success. When he took over the job, he found a federal system overwhelmed with cases, causing the Supreme Court’s docket to be as much as five years be­ hind and placing the other federal courts in similarly dire straits.4 Taft, with his experi­ ence as an executive and his connections on Capitol Hill, succeeded in securing the ap­ pointment of twenty-four additional federal judges.5 He also founded the predecessor to the Judicial Conference of the United States, 158 JOURNAL OF SUPREME COURT HISTORY Helen Taft (pictured with her husband and son) be­ came the first First Lady to accompany her hus­ band from the Capitol to the White House on In­ auguration Day. She pre­ ferred being the wife of a President to being that of a Chief Justice. thejob ofwhich it became to keep statistics on the work of federal courts and to suggest re­ forms to keep the federal system functioning smoothly.6 Taft lessened the load on the Supreme Court by successfully lobbying Congress to pass a statute that would give the Court greater control over its own docket by substituting discretionary certiorari review for much of what had previously been mandatory appel­ late jurisdiction.7 But Taft’s concern for the Court went beyond simple efficiency: he had a vision of the Court much grander than that ofa court of error securing justice for individ­ ual litigants. As Taft saw it, individual litigants received all the justice they required through the federal district courts and courts of ap­ peals. The Supreme Court’s role was only “to maintain uniformity ofdecision forthe various courts ofappeal, [and] topass on constitutional and other important questions.”8 Control over its own docket allowed the Court to pass over ordinary lawsuits and spend more time on these sorts of questions. In keeping with his vision of the Court as a player in issues of national importance, Taft also lobbied Congress to appropriate funds to build the present Supreme Court Building, a building whose grandeur matched Taft’s sense of the significance of the business conducted therein.9 Chief Justices Taft and Marshall also placed great value on keeping the Courts over which they presided unanimous. John Marshall began his Chief Justiceship by putting to an end the English practice of seriatim opinions, THE IMPORTANCE OF UNANIMITY 159 Not only was Chief Jus...