Reviewed by: Justice and Faith: The Frank Murphy Story by Greg Zipes Florence Wagman Roisman Greg Zipes. Justice and Faith: The Frank Murphy Story. Ann Arbor: University of Michigan Press, 2021. Pp. 352. Bibliography. Illustrations. Index. Notes. Paperback: $34.95. William Francis—Frank—Murphy was a Detroit trial judge, mayor of Detroit, governor of Michigan, governor-general of the Philippines, US [End Page 163] attorney general, and associate justice of the US Supreme Court. As a trial judge, he presided with notable fairness over the NAACP's most significant case of the 1920s—the prosecutions of Dr. Ossian Sweet, a Black physician, and his family and friends who were accused of murdering a White man who had been part of a mob that threatened the Sweets' occupancy of a home Sweet had purchased in a "white neighborhood." As mayor, Murphy opposed the Ku Klux Klan and sought to provide relief from the Great Depression; Zipes credits Murphy with helping to create the US Conference of Mayors and encouraging federal aid to cities. As governor, faced in the 1930s with autoworkers' sit-down strikes, he refused to use force against the strikers and instead "ordered the State Welfare Department to provide food to the striking workers . . . ." (154) Attorney General Murphy created the US Department of Justice's Civil Liberties Unit (later renamed the Civil Rights Division), continuing his lifelong support for positions urged by the NAACP and ACLU and spearheading important reforms in criminal procedure. Justice Murphy wrote important decisions with respect to labor law (choosing one such case, Thornhill v. Alabama, for his first majority opinion), as well as civil liberties, civil rights, and criminal justice. He early repudiated the "separate but equal" doctrine, introduced the word "racism" to US Supreme Court opinions, and authored one of the bravest—his dissent in Korematsu v. U.S., in which the majority shamefully upheld the internment of Japanese Americans in the United States. (The Supreme Court disavowed that decision in Trump v. Hawaii in 2018, not overruling it as Zipes says (259, 266), but stating that it "was gravely wrong the day it was decided [and] has been overruled in the court of history . . . ." Justice Murphy's dissent in Korematsu was cited in the 2018 dissent by Justices Sotomayor and Ginsburg.) As in Korematsu, Murphy's separate opinions, concurring or dissenting, often sounded a "fiery moral tone." (295) Murphy's devout Catholicism, political ambition, and possible homosexuality amplify the complications of his life. Murphy brings great honor to Michigan, but despite his many accomplishments, he is almost unknown today. Zipes makes a significant contribution by bringing new attention to Murphy. Zipes's admiring, brief book offers an enticing introduction to this important but oft-neglected figure. The first pages of Zipes's concluding chapter (290-295) outline what he lauds in Murphy: "his desire to uplift the truly destitute" and "defend unpopular groups from attack." (290) Unfortunately, the book's brevity and Zipes's adulation sometimes produce misleading praise of Murphy where a more nuanced assessment [End Page 164] would be appropriate. Thus, to take one example, Zipes's reference to the 1932 "Hunger March" of unemployed Ford autoworkers suggests that the Detroit police adhered to Governor Murphy's intention that they not "intervene" (101) when the workers crossed into Dearborn and were viciously attacked by police there, but the earlier, fuller account by Sidney Fine shows that the Detroit police were at least peripherally involved and Murphy made "no adequate effort" to determine how they had behaved (Fine, The Detroit Years, 409). Similar instances appear elsewhere in the book. Moreover, the book is marred by errors that a distinguished university press should have prevented. One hopes that Zipes's book will lead readers to the seminal three-volume biography by Sidney Fine (1975, 1979, 1984). The University of Michigan Press would perform a public service by reprinting those volumes, including the second, which was published originally by the University of Chicago Press. Zipes had access to material not available to Fine; an objective, thorough, balanced updating of the Fine biography also would be most welcome. [End Page 165] Florence Wagman Roisman Robert H. McKinney School of Law Indiana University Copyright © 2022...
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