The Words Not Chiseled: Unused Inscriptions for the Supreme Court Building MATTHEW HOFSTEDT “EQUAL JUSTICE UNDER LAW,” the inscription carved above the entrance to the Supreme Court Building, has become an iconic phrase. It is one of only four inscriptions originally carved into the build ing’s marble walls. The others are “JUSTICE THE GUARDIAN OF LIBERTY,” found below the East Pediment, and the two dedication panels inside the first floor vesti bule.1 An examination of drawings and archival material relating to the building’s design, however, reveals that almost fifty other inscriptions were planned for the building.2 What follows is the story of the inscriptions and why most were never carved. The practice of carving inscriptions on important public buildings dates back to antiquity. Words were carved or painted onto buildings for a variety of reasons, most often for dedicatory or memorial purposes. Over time, inscriptions relating to the function of a building were incorporated into architectural designs, often using quotes to inform or inspire the viewer.3 The Supreme Court Building’s neoclassical revival design by architect Cass Gilbert (1859-1934) was influenced by the French Beaux-Arts archi tectural philosophy, which dominated Amer ican architecture following the 1893 World’s Columbian Exposition.4 Among the tenets of this approach was that ornamentation— including inscriptions—should relate to the function ofthe structure. The use of symbolic sculpture and inscriptions, therefore, formed a part of Gilbert’s vision for the Supreme Court Building.5 The Main Inscriptions The two exterior inscriptions mentioned earlier were obviously the most important because of their prominent locations. Gilbert and his drafting team used various place holders during the early phases of the design process. A February 1929 drawing of the 126 JOURNAL OF SUPREME COURT HISTORY Detail of the West Pediment from Drawing #51, dated July 7, 1931. This is the earliest use of the phrase “Equal Justice Under Law” by Cass Gilbert’s firm. The image has been digitally altered for clarity. proposed building, as well as the original 1929 plaster model of the building, have “LEX ET JUSTITIA” (Law and Justice) in the space below both exterior pediments.6 A year later, “EQUAL AND EXACT JUS TICE” appeared on a rendering of the West Portico, a phrase taken from Thomas Jefferson’s First Inaugural Address.7 The earliest appearance of the two inscriptions submitted by the architects is found on a drawing dated July 7, 1931.8 The phrase “Equal Justice Under Law” has often been attributed to Cass Gilbert, but it is not known if he personally coined the phrase; it may well have been one of the members of his drafting team who first wrote it down. In his 1982 article titled “Slogans to Fit the Occasion,” Supreme Court Public Information Officer Barrett McGum reviewed the history of the phrase “Equal Justice Under Law” and described several failed attempts to determine an exact source for the phrase soon after it appeared on the building.9 In addition to those searches, some earlier Supreme Court opinions contain approximations too, such as “equal and impartial justice under the law' from Cald well v. Texas, 137 U.S. 692 (1891) (emphasis added). Similar word combinations may also be found in speeches offuture ChiefJustices, including a 1916 presidential campaign speech by Charles Evans Hughes (“equal and exact Justice for all”) and an academic lecture at the University of Rochester by William Howard Taft (“Liberty Under Law”).10 No evidence, however, suggests the Gilbert firm was aware of any of these opinions or speeches, therefore, any connec tion to the iconic inscription appears to be coincidental." Regardless of which member of the Gilbert team came up with the wording, recommendations for the main inscriptions were submitted on April 13, 1932, to David Lynn, the Architect of the Capitol.12 Lynn forwarded them to Chief Justice Charles Evans Hughes, who was also the head of the United States Supreme Court Building Com mission. Along the bottom of the letter Hughes wrote a note—now partially erased —that appears to read, “Caution as to [other] inscriptions.”13 Hughes understood that the words chosen for the Supreme Court Building needed to be carefully considered. The...
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Dec 31, 2022
Pär Ola Sandin 
Open Access
