The Buddha and the Bumblebee: The Saga of Stanley Reed and Felix Frankfurter JOHN D. FASSETT During the years since the first appointments of Justices to the Supreme Court in 1789, many interesting relationships have occurred between Justices. Some were amicable, but others involved animosity. No such long-Term relationship is more fascinating than the eighteen years Stanley Reed and Felix Frankfurter spent as Brethren. It featured neither consistent amicabil ity nor animosity, but it is intriguing because it ran the gamut from admiration and respect through pettiness and condescension to frustration and serious annoyance. Nevertheless, Reed and Frankfurter probably were closer for a longer period than virtually any other two Associate Justices in the history of the Court. Moreover, the hundreds of letters, notes, and memoranda they exchanged must dwarfthe output of any other two Justices. Stanley Forman Reed, the Solicitor Gen eral, was Franklin Delano Roosevelt’s sec ond appointee to the Supreme Court, taking the judicial oath on January 31, 1938.’ Felix Frankfurter, the Harvard Law Schoolprofessor who hadbeen an advisorto FDRsincethe Pres ident’s Term as governor ofNew York, was his third appointee, taking the oath on January 30, 1939.2 Between then and February 25, 1957 when Reed retired, Reed and Frankfurter oc cupied chambers a short stroll apart along the corridor behind the courtroom in the Supreme Court building. Except for their mutual devotion to the Court as an institution and the fact that they were both workaholics, Reed and Frankfurter had few characteristics in common. Reed was fairly tall and enjoyed an occasional round of golf; Frankfurter was short, somewhat rotund, and not athletic. Reed was bom in Kentucky in 1884 and spent his youth as the son of an af fluent and influential doctor; Frankfurter was born inVienna, Austria, in 1882 and emigrated with his parents to America in 1894. Reed at tended private schools in Maysville, Kentucky, before spending two years at Kentucky 166 JOURNAL OF SUPREME COURT HISTORY Wesleyan College; Frankfurter attended a pub lic school in New York City before enrolling at the City College of New York, from which he graduated at the age of 19. Reed subsequently attended Yale University, graduating with its class of 1906, and thereafter spent one year each at the law schools of the University of Virginia, Columbia University, and the Uni versity of Paris in France; after a brief career as a civil servant in New York City, Frankfurter spent three years at Harvard Law School, grad uating with its class of 1905. Until he accepted the position of general counsel to the Federal Farm Board in Novem ber 1929, during Herbert Hoover’s presi dency, Reed was a prominent and successful Kentucky lawyer for almost two decades. He was an active Democrat and served two Terms in his state legislature early in his practice, but In 1911, Frankfurter became assistant to Henry Stimson (pictured) in the United States Attorney’s of fice in New York City. When President William Howard Taft named Stimson Secretary of War, Frankfurter accompanied him to Washington, where his mentor helped him make many important contacts. his legal reputation and particularly his experi ence as counsel to a tobacco farmers’ coopera tive led to his invitation tojoin the federal gov ernment. With the election ofFDRin 1932, as a result of recommendations by several Demo cratic friends, Reed remained in the govern ment and moved to the position of general counsel to the Reconstruction Finance Corpo ration (RFC), a Hoover creation that the New Deal administration decided to retain. Reed’s contacts with Attorney General Homer Cum mings while at the RFC were ofparamount im portance in Reed becoming Solicitor General and then being selected by FDR for appoint ment to the Supreme Court. Following Harvard, Frankfurter spent a brief stint working for a Wall Street firm. He abandoned that career path to join Henry Stimson in the United States Attor ney’s office in New York City. When Pres ident William Howard Taft named Stimson Secretary of War, Frankfurter accompa nied Stimson to Washington, where he made many important contacts, includ ing the acquaintance of FDR. Frankfurter returned to Harvard Law School in 1914 as a professor...
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