Under Warren’s leadership, the court reformed American society. No other justice wrote sentences like this: “Compulsory unification of opinion achieves only the unanimity of the graveyard.” Or this: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.” Jackson made Supreme Court opinions sing.Ħ) Earl Warren (1953).
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(No smirking, please.) Jackson helped to develop doctrines that govern contemporary understandings of free speech and separation of powers, above all the authority of the president. A piercing intellect and the greatest writer in the history of the court, Jackson did not go to law school.
He was wise, and he was deep, and he is underrated it’s high time for a Frankfurter revival.ĥ) Robert Jackson (1941). He wanted to avoid the most fundamental questions, and he made powerful arguments for his minimalist approach. A powerful critic of Warren court activism, Frankfurter argued for small, incremental steps. Many liberals were, and remain, deeply disappointed with Frankfurter, who toed no party line. They believed liberty to be the secret of happiness, and courage to be the secret of liberty.”Ĥ) Felix Frankfurter (1939). They valued liberty both as an end, and as a means.
He believed that “the greatest menace to freedom is an inert people.” He wrote: “Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that, in its government, the deliberative forces should prevail over the arbitrary. But his sensibility was altogether different. Brandeis is often grouped with Holmes as a great early proponent of judicial modesty, as well as an ardent defender of freedom of speech. Another example is the power of judicial review itself, which authorizes the court to strike down acts of Congress and state legislatures.ģ) Louis Brandeis (1916). One example is the broad regulatory power of Congress. Marshall can claim primary responsibility for the fundamental principles that continue to organize our law. The authority of the national government, as Americans understand it, owes a great deal to Marshall’s early opinions. If the court has a Babe Ruth, it’s John Marshall. Without further ado, here are the greatest Supreme Court justices, along with the year they were appointed to the court:ġ) John Marshall (1801). We’ll also exclude the current justices, because it is too early to tell whether any will count among the all-time greats. It would be too contentious to include only those justices with whom one agrees, so let’s make this list ideology-free. It makes sense to consider two factors: historical significance and legal ability. To answer that question, we need a metric. Suppose that we were to select the all-time greats. In the nation’s history, 112 people have served on the Supreme Court of the United States.
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