Owen J. Roberts
Owen J. Roberts was a prominent American jurist born in southeastern Pennsylvania, who earned his law degree from the University of Pennsylvania in 1898. Starting his career as a private attorney and later serving as an assistant district attorney in Philadelphia, he gained national recognition when appointed as a special U.S. attorney by President Calvin Coolidge to investigate the Teapot Dome scandal in 1924. In 1930, President Herbert Hoover nominated Roberts to the U.S. Supreme Court, where he became known for his pivotal role on a conservative Court that frequently challenged New Deal legislation under President Franklin D. Roosevelt.
Roberts's judicial decisions reflected a complex and often inconsistent approach to legal philosophy. While he initially opposed federal economic regulation in landmark cases, he later shifted his stance to support some New Deal initiatives, such as upholding state minimum wage laws. His views on civil liberties also varied; he upheld the white primary in one case but dissented when the Court later struck it down. Notably, Roberts expressed his dissent in Korematsu v. United States, opposing the internment of Japanese Americans during World War II. Overall, his legacy reveals a jurist navigating the tensions between governmental authority, economic regulation, and civil rights throughout a transformative period in American history.
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Owen J. Roberts
Nominated by: Herbert Hoover
Significance: During fifteen years on the Supreme Court, Roberts was the swing vote in the struggle between President Franklin D. Roosevelt and the Court, particularly over New Deal legislation. His critics cite a lack of jurisprudential consistency in his decisions.
Born in southeastern Pennsylvania, Roberts studied at the University of Pennsylvania, receiving a law degree in 1898. He worked first as a private attorney and then as an assistant district attorney in Philadelphia. In 1924 President Calvin Coolidge appointed Roberts a special U.S. attorney to investigate the Teapot Dome scandal. President Herbert Hoover nominated Roberts to the Supreme Court in 1930 after Hoover’s first nominee, Judge John J. Parker, was not confirmed by the Senate.
Roberts joined a conservative Court noted for its skepticism of governmental regulation of business. The Court regularly overturned New Deal legislation proposed by President Franklin D. Roosevelt. Roberts’s vote often was the swing vote in the conflict between the Court and the president. His positions seemed to defy a consistent jurisprudential philosophy. In Nebbia v. New York (1934), Roberts upheld the state regulation of commerce. In a number of cases, including Panama Refining Co. v. Ryan (1935), Schechter Poultry Corp. v. United States (1935), and United States v. Butler (1936), he joined the Court in voicing opposition to federal economic regulation. The Court’s opposition to Roosevelt’s programs led the president to propose enlarging the Court, the famous Court-packing plan.
In response to public criticism of the Court, Roberts changed his position on the New Deal. In West Coast Hotel Co. v. Parrish (1937), for example, he voted to uphold a state minimum-wage plan. He also voiced his opinion in civil liberties cases, again exhibiting little consistency. In Grovey v. Townsend (1935), Roberts wrote the opinion upholding the white primary and dissented when the Court struck it down in Smith v. Allwright (1944). He wrote the Court opinion in Cantwell v. Connecticut (1940), freeing a Jehovah’s Witness convicted for soliciting contributions without a permit. In Korematsu v. United States (1944), Roberts’s dissent indicated his opposition to the forced relocation of Japanese Americans during World War II.
Bibliography
Bader, William H., and Roy M. Mersky, eds. The First One Hundred Eight Justices. Buffalo, N.Y.: William S. Hein, 2004.
Friedman, Leon, and Fred Israel, eds. The Justices of the Supreme Court: Their Lives and Major Opinions. 5 vols. New York: Chelsea House, 1997.
Hendel, Samuel. Charles Evans Hughes and the Supreme Court. New York: King’s Crown Press, Columbia University, 1951.
Leonard, Charles A. A Search for a Judicial Philosophy: Mr. Justice Roberts and the Constitutional Revolution of 1937. Port Washington, N.Y.: Kennikat Press, 1971.
Parrish, Michael E. The Hughes Court: Justices, Rulings, and Legacy. Santa Barbara, Calif.: ABC-Clio, 2002.
Pearson, Drew, and Robert Allen. The Nine Old Men. Garden City, N.Y.: Doubleday, Doran, 1936.
Renstrom., Peter G. The Stone Court: Justices, Rulings, and Legacy. Santa Barbara, Calif.: ABC-Clio, 2001.