Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements.
Frankfurter was born in Vienna, immigrating to New York City at the age of 12. After graduating from Harvard Law School, Frankfurter worked for Henry L. Stimson, the U.S. Secretary of War. During World War I, Frankfurter served as Judge Advocate General. After the war, he helped found the American Civil Liberties Union and returned to his position as a professor at Harvard Law School. He became a friend and adviser of President Franklin D. Roosevelt, who appointed him to fill the Supreme Court vacancy caused by the death of Benjamin N. Cardozo. His adherence to judicial restraint during an era where conservative justices wielded the judicial power through the derogation canon and the "plain meaning rule" to strike down progressive laws has been described as liberal by some commentators.
Frankfurter served on the Court until his retirement in 1962, and was succeeded by Arthur Goldberg. Frankfurter wrote the Court's majority opinions in cases such as Minersville School District v. Gobitis, Gomillion v. Lightfoot, and Beauharnais v. Illinois. He wrote dissenting opinions in notable cases such as Baker v. Carr, West Virginia State Board of Education v. Barnette, Glasser v. United States, and Trop v. Dulles.
Early life and education
Frankfurter was born into an Ashkenazi Jewish family on November 15, 1882, in Vienna (then part of Austria-Hungary). He was the third of six children of Leopold Frankfurter, a merchant, and Emma (Winter) Frankfurter. His uncle, Solomon Frankfurter, was head librarian at the Vienna University Library. Frankfurter's forebears had been rabbis for generations. In 1894, twelve-year-old Frankfurter and his family immigrated to the United States, settling in New York City's Lower East Side, a dense center of immigrants. Frankfurter attended P.S. 25 and Townsend Harris High School, where he excelled at his studies and enjoyed playing chess and shooting craps on the street. He spent many hours reading at The Cooper Union for the Advancement of Science and Art and attending political lectures, usually on subjects such as trade unionism, socialism, and communism.
After graduating in 1902 from City College of New York, where he was inducted into Phi Beta Kappa, Frankfurter worked for the Tenement House Department of New York City to raise money for law school. He applied successfully to Harvard Law School, where he excelled academically and socially. He became lifelong friends with Walter Lippmann and Horace Kallen, became an editor of the Harvard Law Review, and graduated first in his class with one of the best academic records since Louis Brandeis.
Early career
Frankfurter's legal career began when he joined the New York law firm of Hornblower, Byrne, Miller & Potter in 1906. In the same year, he was hired as the assistant to Henry Stimson, the U.S. Attorney for the Southern District of New York. During this period, Frankfurter read Herbert Croly's book The Promise of American Life, and became a supporter of the New Nationalism and of Theodore Roosevelt. In 1911, President William Howard Taft appointed Stimson as his Secretary of War, and Stimson appointed Frankfurter as law officer of the Bureau of Insular Affairs. Frankfurter worked directly for Stimson as his assistant and confidant. His government position restricted his ability to publicly voice his Progressive views, though he expressed his opinions privately to friends such as Judge Learned Hand. In 1912 Frankfurter supported the Bull Moose campaign to return Roosevelt to the presidency, and was bitterly disappointed when Woodrow Wilson was elected. He became increasingly disillusioned with the established parties, and described himself as "politically homeless".
First World War
Frankfurter's work in Washington had impressed the faculty at Harvard Law School, who used a donation from the financier Jacob Schiff to create a position for him there after Louis Brandeis suggested that Schiff do this. He taught mainly administrative law and occasionally criminal law. With fellow professor James M. Landis, he advocated judicial restraint in dealing with government misdeeds, including greater freedom for administrative agencies from judicial oversight. He also served as counsel for the National Consumers League, arguing for Progressive causes such as minimum wage and restricted work hours. He was involved in the early years of The New Republic magazine after its founding by Herbert Croly.