Tag Archives: Robert H. Jackson

Jackson List: Lawful, Political, Deplorable Senatorial Behavior (1954)

This post, edited a little bit and enhanced with footnotes and photographs of John M. Harlan and the Supreme Court in 1955, now is on the Jackson List archive site in PDF file form.

Jackson List: Inaugurations and Change (1949 & 1953)

On the morning of January 20, 1949, Justice Robert H. Jackson and his wife Irene drove in to Washington from their Hickory Hill home in McLean, Virginia.

At the Supreme Court building, they met their friends Floyd Odlum and Jacqueline Cochran (a businessman and a famous aviatrix and businesswoman, respectively), who were visiting from California.  Later, they crossed First Street, Northeast, to the U.S. Capitol.  They sat – separately, Jackson with fellow justices, Irene with Floyd and Jackie – in V.I.P. seats and watched the inauguration of President Harry S. Truman.  Justice Jackson wore a small black cap, custom-made, from Livingston’s, a store in downtown Washington.

In Chicago, a young woman named Betty Stevens was one of many who watched the 1949 presidential inauguration ceremony on television.  She was especially pleased to see two Supreme Court justices, Jackson and Wiley Rutledge, “walking along gaily chatting.”  Her husband, Chicago attorney John Paul Stevens, had clerked for Justice Rutledge a year earlier, and Mrs. Stevens was happy to see that he appeared to “be in excellent health and spirits.”

Nearly four years later, General (ret.) Dwight D. Eisenhower was elected to succeed President Truman.  He, a Republican, would become president after twenty years of presidents (Franklin D. Roosevelt, and then Truman) from the Democratic Party.

In late 1952, Jackie Cochran wrote to her friend Bob Jackson.  She asked if she and Floyd could be Jackson’s guests at the impending Eisenhower presidential inauguration.

Jackson, after checking, wrote back to her in late December 1952:

Dear Jackie:

I have inquired of the Marshal [of the Supreme Court] and so far as I can learn we can carry out this year the same program that we did at the last inauguration – which was that you and Floyd came to the Court and we went from here together.  I think that will work out this time, although it may be something different.  You know the slogan, “It’s time for a change,” and they do have to provide this year for two Cabinets and two sets of officers, incoming and outgoing, and two Presidents’ parties, whereas before there was only one.

The Inauguration Day, January 20, 1953, was indeed different.  On that Tuesday morning, the Supreme Court had an official session.  The justices took the bench and admitted attorneys to the Supreme Court bar.  The Court then adjourned to attend, as it had four years earlier, the inauguration as a body.

At the oath-taking ceremony, the Justices, all bare-headed, walked in procession from the Capitol rotunda to the platform, in pairs according to their seniority on the Court.  Justice Jackson walked with Justice William O. Douglas, smiling and talking.

Later that afternoon, the justices returned to the Court and reconvened briefly in official session.  They did not hear oral argument in any of the ten cases they had, the previous day, put on call for January 20th.  They sent “home” the attorneys who were assembled and prepared to argue those cases, putting them over until the next day.

It appears that Jackson was able to arrange for Floyd Odlum and Jackie Cochran to attend President Eisenhower’s 1953 inauguration.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List:  Departed Friends, Remembered

The events of 2016 included, sadly, departures of special friends.  The five who are highlighted here were connected directly to the life, work, and major legacies of Justice Robert H. Jackson.  These people had great smarts, class, and charm.  Their lives were filled with selfless accomplishments.  Luckily, they have left us with powerful examples, including in various filmed moments.  They were:

  • Judith S. Kaye, Chief Judge of the New York Court of Appeals, Chief Judge of the State of New York, and a member of the Robert H. Jackson Center board—click here for Chief Judge Kaye, in 2001, speaking at Chautauqua Institution;
  • Bennett Boskey, a law clerk to, successively, Judge Learned Hand, Justice Stanley Reed, and Chief Justice Harlan Fiske Stone, and later a leading Washington, D.C., lawyer and legal profession giant, including in the councils of the American Law Institute—click here for Boskey, in 2006, on Stone;
  • Phil Neal, Justice Jackson’s law clerk during 1943-45 and, later, a law professor at Stanford University, law school dean at the University of Chicago, and a leading Chicago lawyer—click here for Neal, in 2002, on Jackson;
  • Gwendoline Heron Niebergall, a native of the United Kingdom, whose post-World War II work took her to Nuremberg, to service on Justice Jackson’s Office of Chief of Counsel prosecution staff there, and to, among other things, presence in the center of one of history’s famous photographs—click here for Niebergall, in 2010, on Nuremberg; and
  • Barrett Prettyman, Jr., Justice Jackson’s law clerk at the Supreme Court of the United States during 1953-54—Jackson’s final law clerk—and, later, a leading lawyer in Washington, a premier advocate before the Supreme Court, and a Jackson Center board member—click here for Prettyman, in 2012, on his heroes.

Memories of these people are treasures, for the year ahead and much, much longer.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

 

Jackson List: An Invitation to Join in Thanksgiving (1941)

In war-besieged London in September 1940, Harold Laski, a professor at the London School of Economics and a leading Socialist party official, thinker, and writer, penned a letter to Robert H. Jackson, Attorney General of the United States.  Laski knew Jackson through their mutual friend, U.S. Supreme Court justice Felix Frankfurter.  Laski wrote Jackson to introduce another friend, Professor Hersch Lauterpacht of the University of Cambridge:

15.ix.40

My dear Jackson,

I should like to introduce to you my

friend Professor H. Lauterpacht, the Whewell

Professor of International Law at Cambridge.

You well know of his outstanding work in

his own field.  I should like only to add

that there are few people for whom I care so

much.

I think we stand up well to our siege; and

we have complete confidence in the outcome.

Few things will help so much as a third term [for President Franklin D. Roosevelt].

                                    Yours very sincerely,

                                    Harold J. Laski

The Hon. Robert Jackson.

     Attorney-General’s Office.

          Washington. D.C.

Laski wrote his letter not to be mailed, but for Lauterpacht, who was spending Fall 1940 in the U.S., to use when he had an opportunity to introduce himself to Jackson.

That moment arrived at the end of the year.  On December 23rd, Lauterpacht, living in the Bronx, wrote to Jackson in Washington to request a meeting:

            Trinity College,

               Cambridge.

              [crossed out]

                                    5444 Arlington

                                                Avenue

                                    Riverdale on Hudson

                                         New York City

Dear Mr. Attorney-General,

I hope to be in Washington

between January 6-9, prior to my

departure for England.  If you

can spare the time, I should

very much appreciate an oppor-

tunity of calling on you

and paying my respects.

            I enclose a letter of introduction

from Professor Laski.

                                    Yours very truly,

                                    H. Lauterpacht

The Hon. Robert Jackson.

     Attorney-General’s Office.

          Washington. D.C.

Lauterpacht’s letter, with the enclosed vouching letter from Laski, worked.  Jackson wrote back promptly, telling Lauterpacht to contact Jackson’s secretary to schedule the meeting.

Robert Jackson and Hersch Lauterpacht met at the U.S. Department of Justice on January 8, 1941.  They discussed Nazi Germany’s bombing attacks on the United Kingdom, U.S. military assistance to the U.K., and domestic and international law issues.  And obviously they hit it off.

Over the next week, Lauterpacht stayed in downtown Washington and, at Jackson’s request, wrote him a thorough memorandum on international law issues.  It addressed, in twenty-one pages, what Jackson had described in their first meeting as “the philosophy, in international law, of the policy of aiding the [anti-Nazi U.S.] Allies by all means short of war.”  Lauterpacht sent the memorandum to Jackson on January 15th, and then they met the next day to discuss it.

Lauterpacht argued, then and later, that Nazi Germany’s military aggression, on the European continent and against the U.K., violated international law embodied in its own and in many nations’ treaty commitments.  These arguments fit with and advanced Jackson’s own legal thinking.  In the months ahead, Lauterpacht’s input contributed to some of Attorney General Jackson’s and then Justice Jackson’s—he joined the U.S. Supreme Court in July 1941—major public addresses attacking Nazi lawlessness.

And more than four years later, in circumstances that neither Jackson nor Lauterpacht could have envisioned when they first met in Washington, they worked together, in the U.K. and then in Nuremberg in the Allied-occupied former Germany, to hold Nazi leaders accountable for their illegal war-waging.

*          *          *

Justice Jackson and Professor Lauterpacht corresponded during the World War II years.  They also saw each other occasionally, when Lauterpacht was visiting the U.S.

One such occasion was November 19, 1941, seventy-five years ago, when Lauterpacht visited Justice Jackson at the Supreme Court.  Jackson asked Lauterpacht to stay over in Washington on that Wednesday night, and to join Jackson and his wife Irene the next day for Thanksgiving dinner at their home, Hickory Hill, in McLean, Virginia—“It will give Mrs. Jackson and me great pleasure if you will have dinner with us,” Jackson wrote when he communicated this invitation a few days beforehand, as he and Lauterpacht were finalizing their plans.

Alas, and to Lauterpacht’s regret, he could not accept this invitation.

He and Jackson did have later occasions to share meals, and to give thanks, including in Nuremberg.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: Voting for the Last Time (1940)

In early 1940, President Franklin D. Roosevelt was planning, at least to some degree, to return to private life after two terms in office.  Robert H. Jackson was F.D.R.’s newly-appointed United States Attorney General.  Jackson also was, according to private remarks by the President and many New Dealers, and thus according to many press reports that were trial balloons, F.D.R.’s choice to succeed him as the Democratic Party’s presidential nominee, and then in the White House.

Events took other courses.  Many, including very publicly Jackson, urged Roosevelt to seek a third term.  In springtime, Nazi Germany invaded and soon conquered the Netherlands, Belgium, Luxembourg, and France.  In late June, the Republican Party nominated businessman Wendell Willkie as its presidential candidate.  In July, the Democrats nominated, again, Roosevelt.

That fall, Attorney General Jackson took numerous short trips away from his Washington work to campaign actively—as was legally permitted then—for the President and other Democratic candidates.  In early October, for example, Jackson spoke to a large crowd in Buffalo, New York, once his home.  In this speech, Jackson decried Willkie’s phoniness, noting that “only when he talked to workmen did he find profanity and vulgarity in order,” which lost him “any opportunity he ever had to create anything like unity among the American people.”  In mid-October, Jackson gave a law and politics address in Boston.  Later that month he travelled to Jamestown, New York, his adult hometown, to speak alongside U.S. Senator Robert F. Wagner (NY) at a large Democratic Party rally.  Jackson also spoke that month in Richmond, Virginia, and a number of times from Washington on nationwide radio broadcasts.  In the first days of November, Jackson travelled back to New York State to give political speeches in Binghamton and in Yonkers.

And then, finally, it was time to vote.  On Monday, November 4, 1940, Robert and Irene Jackson travelled from Washington, where they lived in a rented Wardman Park apartment, to Jamestown, where they still owned a house and were registered to vote.  They voted in Jamestown on Tuesday, November 5, 1940—both for Roosevelt and his running mate Henry Wallace, I’m sure.

In Jamestown at that time, Democrats such as the Jacksons were a political minority and usually their candidates lost.  That was true in 1940.  Willkie carried Jamestown by over 1,500 votes, and he won all of Chautauqua County, where Jamestown is located.  Indeed, Republicans across the county won every race.

But that was not true statewide.  Although the race was tight, Roosevelt carried New York State, his home, with 50.5% of the vote.

Nationwide, the race was not so close.  F.D.R. won 54.7% of the popular vote, to Willkie’s 44.8%.  Overall, Roosevelt carried 38 of the 48 States.  He was reelected with 449 electoral votes to Willkie’s 82.

In the new year, President Roosevelt was inaugurated, beginning his unprecedented third term.

Wendell Willkie, to his great credit, went to work for President Roosevelt as an international emissary and adviser.

In July 1941, Robert Jackson also took on a new government position—he was appointed by Roosevelt and confirmed by the Senate to serve as an associate justice of the U.S. Supreme Court, and thus he resigned his position as Attorney General.

Justice Jackson of course cast many, many votes in the Supreme Court’s conference room, on cases, petitions, and other judicial matters.

But he never again entered a voting booth.  In his view, holding judicial office was a responsibility not to be involved in politics, even at the private level of voting.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: Justices & the World Series

For the Jackson List:

United States Supreme Court Justice John Paul Stevens, a Chicago native, has been rooting for the Chicago Cubs almost since they last won a World Series—that was in 1908, just twelve years before Stevens was born.

As Justice Stevens explained in a great interview posted on SCOTUSblog this morning (click here), he has seen many Cubs baseball games in Wrigley Field.  On October 1, 1932, for example, he attended the third game of that year’s World Series and witnessed Babe Ruth’s famous “called shot” home run … and thus saw the New York Yankees beat the Cubs, 7-5, on their way to sweeping that World Series.

On that day in 1932, a man named James M. Marsh, age nineteen, was listening to that game on the radio in western Pennsylvania and keeping score in his scorebook.  Fifteen years later, Jim Marsh was clerking for Justice Robert H. Jackson at the Supreme Court.  Marsh became a close friend of John Stevens, who was clerking then for Justice Wiley Rutledge.  Marsh learned of Stevens’s love for the Cubs, and that he had seen Babe Ruth hit the called shot.  In time, Marsh located his 1932 scorecard and gave it to Stevens.  Justice Stevens then displayed it on the wall of his Supreme Court chambers.

In contrast to Stevens and Marsh (and many of us), Justice Robert H. Jackson was no baseball fan.  In 1951, for example, when Major League Baseball had leadership troubles and Jackson was reported to be under consideration to become its next commissioner, he found the idea distasteful.

In summer 1950, as Jackson was preparing to take a cross-country train trip with his friend Harrison Tweed, a leading New York City lawyer, and he wrote Jackson to suggest that they see a baseball game on a layover day in Chicago, Jackson wrote back immediately, voting no:

Personally, I don’t care much about baseball and haven’t seen a game in a good many years.  Why don’t we take our chances on what we can do during the day[?]  Maybe some good friend like [Chicago lawyer] Tap Gregory will come to our rescue.  I may get in touch with him.

Two summers early, indeed while Jim Marsh was beginning his second year as Jackson’s law clerk, Jackson commented privately, and not approvingly, that Babe Ruth’s death had garnered more news attention than had the death of Tweed’s law partner Walter Hope.  (Really.)

But Justice Jackson did have a near-brush with the Chicago Cubs, and, indeed, with the Cubs in the World Series.  In early October 1945, beginning on the 6th of the month, Jackson was working in Berlin, in preparation for the impending prosecution of Nazi war criminals that he would be leading in Nuremberg.  Jackson kept busy during the next four days with numerous meetings, some social occasions, and his own work.  But really he was waiting for U.S. and other nations’ judges to arrive in Berlin so that the International Military Tribunal could hold its first session there (in the Soviet zone of military occupation), formally receiving the prosecutors’ indictment of the defendants, before adjourning to Nuremberg (in the U.S. zone) to conduct the trial.

By October 10, 1945, Jackson, knowing that he had much work to do in Nuremberg, was fed up with waiting around in Berlin.  He left two of his deputies to continue the work there.  Jackson had command of a military plane, and he ordered it to fly him and some of his team that evening to Nuremberg.

During the flight, Justice Jackson stayed in his seating area on the plane, I am sure.  But others, including his son and executive assistant Bill Jackson, crowded around the cockpit.  They managed to listen there to a radio broadcast of the final game of the World Series, which was being played in Wrigley Field.  (Alas for Cubs fans such as then-first year law student John Paul Stevens, just back in Chicago and civilian life after four years of wartime service in the U.S. Navy, the Detroit Tigers won that World Series game seven, beating the Chicago Cubs, 9-3, and thus the Series.)

In 2016, the long wait of Justice Stevens and all Cubs fans for a World Series championship is compelling.

It bears at least passing note, however, that another Justice, Harold H. Burton (1888-1964), would be rooting the other way.  Justice Burton was colleague of Justice Jackson and Justice Rutledge on the Court, and Burton was everyone’s model of judicial diligence and fairness.  Harold Burton had served as Mayor of Cleveland, Ohio, from 1935 until 1940.  He then became a U.S. Senator from Ohio, serving from 1941 until he resigned following his appointment to the Supreme Court.

Justice Burton was commissioned a Supreme Court justice on September 22, 1945.

That autumn, seventy-one years ago, was only three years before the Cleveland Indians, the Cubs’ opponent this year, won their most recent World Series.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: Phil C. Neal (1919-2016), Jackson Law Clerk

For the Jackson List:

In August 1940, United States Attorney General Robert H. Jackson appointed a new graduate of Harvard Law School, John F. Costelloe, to serve as a junior attorney in the U.S. Department of Justice’s Claims Division (today, the Civil Division).

A year later, shortly after Jackson had been appointed an Associate Justice of the U.S. Supreme Court, he hired John Costelloe to be his first law clerk.  Costelloe’s work was superb and Jackson liked him a lot—he asked him to stay for a second year and, as it neared its conclusion, he mentioned to Costelloe that he could stay for a third… only to learn that he wished to move on to law practice.

So Justice Jackson mentioned to his son William, then a second year student at Harvard Law School and a member of the Harvard Law Review staff, that he would be needing a new law clerk starting that summer.

Bill Jackson went into action.  After speaking to the current Law Review president about his potential interest in clerking for the Justice, Bill wrote this letter to his father:

Dear Dad –                                          PHIL NEAL

                                                (for legibility’s sake)

             I have just talked to Phil Neal,

present head of the Bugle, and he is

interested in clerking for you.  The hitch is

that he goes before the Draft doctors on

the 20th [of the month, probably March 1943], but inasmuch as he has a bad

heart too (had rheumatic fever last year),

it seems probable he will be rejected.

            His marks are of course tops.  He

works like a stevedore.  His political-social

views are “liberal.”  He has personal charm

and is easy to work with.  In short, I

think he is a find.

            He will, however, be unavailable until

around October 1, when he graduates.  If you

need someone before that, perhaps he is out.

But there is nobody any good up here who will

be through before October.

            I suggested that if he were turned

down [at his military physical on] the 20th, he drop down for a talk

with you.  It might be nice if I asked

him to stay overnight at the house.  At

any rate, I told him I thought he would

probably hear from you about it, and I

suggest you write him a note at the Law

Review office.  – He’s a good man.

Wednesday                                          WEJ

 Phil Neal did flunk his U.S. Army physical, and he also heard from Justice Jackson.  At his invitation, Phil travelled to Washington, Jackson interviewed him, he liked him, and he quickly hired him to be his law clerk for the next year.

Phil Neal graduated from Harvard Law School at the start of October 1943.  He then, a week or so later, took the Illinois (his home state) bar examination, despite not having time to study for it or to take a bar review course.

It was Justice Jackson who insisted that Phil Neal take the bar then, before he started clerking.  Jackson explained that he was looking out for Phil’s later career (and apparently Jackson was not considering that Neal might flunk the bar—but he passed).  Jackson described how in 1936 President Roosevelt could not appoint Jackson’s excellent Treasury Department Revenue Bureau deputy counsel to succeed him as counsel when the President appointed Jackson to serve in DOJ because the deputy, always busy with his government work, had never gotten around to taking the bar.

*          *          *

By mid-October 1943, Phil Neal was working for Justice Jackson.  Phil served as Jackson’s law clerk for almost two years—during the first year, Jackson asked Phil to stay on for a second year and he accepted.  They got along well.  Jackson had high regard for Phil, and he liked and admired the Justice.

During Phil Neal’s clerkship years, between Fall 1943 and Spring 1945, he reviewed many petitions seeking Supreme Court review of lower court decisions and wrote short memoranda to Jackson, each summarizing a petition and advising Jackson to vote to grant or to deny review.

Phil Neal also advised Jackson on numerous major cases that the Court was deciding, and on opinions that Jackson had drafted.  These included:

  • Jackson’s dissenting opinion in Federal Power Commission v. Hope Natural Gas Co. (1944) (regarding the agency’s statutory authority to set gas prices);
  • Jackson’s opinion for the Court in Pollock v. Williams (1944) (holding that a Florida law criminalizing failure to work after receiving an advance payment violated the Thirteenth Amendment and the federal anti-peonage law);
  • Jackson’s dissenting opinion in Korematsu v. United States (1944) (arguing that criminalization of a Japanese-American’s violation of a military order excluding him from the West Coast was unconstitutional racial discrimination); and
  • Jackson’s opinion for the Court in Cramer v. United States (1945) (reversing treason convictions).

*          *          *

In March 1945, Phil Neal left his clerkship suddenly and “early.”  His departure began when Justice Felix Frankfurter popped into Phil’s office one day, as he often did on his way to visiting Jackson.  “What are you going to do next year?,” Frankfurter asked.  Phil replied that he had not been in the war, and was thinking that maybe he could “get in the peace end.”

Frankfurter promptly took Phil by the elbow to Frankfurter’s chambers, called his friend Alger Hiss of the U.S. Department of State, and told him about Phil Neal.  Hiss then was working at Dumbarton Oaks, heading up U.S. preparations for the imminent San Francisco conference that would create the United Nations.  Hiss and Neal then met, and Hiss—himself a former Supreme Court law clerk, to Justice Oliver Wendell Holmes, Jr.—hired Neal on the condition that he could free himself from Supreme Court work.

Phil Neal promptly contacted Murray Gartner, a Harvard Law School mate whom Jackson already had hired to succeed Phil, beginning a few months hence.  Phil explained the situation and ascertained that Murray could start the job immediately.  Phil then presented the scenario to Jackson and asked to leave his clerkship.  Jackson, liking Phil, feeling covered by Murray Gartner’s availability, and understanding the attraction the State Department opportunity had for Phil, said yes.

Indeed, just a few weeks later, when President Truman contacted Jackson and asked him to take on a post-war legal assignment, to negotiate and then to lead the international criminal prosecution of the surviving Nazi leaders…  Well, Jackson in a sense followed Phil Neal’s lead—he also left the Supreme Court, if in his case only temporarily, to work on global legal challenges, for what became his year-plus as U.S. chief prosecutor at Nuremberg.

Interestingly, when Phil Neal applied to take the California bar later that year and the bar examiners inquired of Jackson about Neal’s previous employment and character, Jackson’s enthusiastic reply, cabled back to the U.S. from Nuremberg, said that Phil Neal “is not on this [Nuremberg trial] mission only because I released him to [the] State Department at [the] time of [the] San Francisco conference.”

*          *          *

During Spring and Summer 1945, Phil Neal worked for the State Department, first in Washington and then in San Francisco.  As a member of the State secretariat staff, he worked on the establishment of the United Nations, and particularly on the International Court of Justice provisions in the draft U.N. Charter.

After leaving government work and passing his second bar examination, Phil Neal stayed to live in San Francisco.  He became an associate at Pillsbury, Madison & Sutro.  In 1948, he became an associate professor at Stanford Law School.  In 1952, he became a professor.  His courses included Administrative Law, Agency, Bills & Notes, and Constitutional Law.

Throughout these years, Justice Jackson and Phil Neal stayed in occasional contact and saw each other when geography permitted.  One instance was August 1951, when Robert Jackson and his wife Irene, vacationing northern California, visited Phil Neal and his wife at their home in Los Altos.  Phil asked Jackson if he would interview Phil’s top student, a World War II veteran from Wisconsin named William H. Rehnquist, for a possible clerkship.  Jackson said yes, they went over to the Stanford campus, and the meeting occurred in Phil’s office.  Jackson liked Bill Rehnquist and, a few months later, as he was about to graduate, Jackson hired him.  Rehnquist was one of Jackson’s two law clerks during 1952-53.  (Two decades later, of course, Rehnquist returned to work at the Supreme Court as a justice.)

While at Stanford, Phil Neal, in addition to devoting himself to teaching and scholarship, stayed involved, sometimes behind the scenes, in major legal matters.  In the early 1950s, for example, he assisted Thurgood Marshall and his NAACP legal team as they prepared for oral arguments before the Supreme Court in Brown v. Board of Education and its companion cases challenging the constitutionality of racial segregation in public schools.  In May 1954, just after Brown was decided (unanimously, including by Justice Jackson), William T. Coleman, a NAACP junior lawyer and Phil Neal friend, wrote to Phil to thank him for his assistance.  Phil’s reply first stated his embarrassment to be thanked for anything.  He then stated his fundamental faith in lawyers and their work:

You surely deserve to be congratulated on your momentous victory.  Some may think the result merely the inevitable course of history—or pure politics, as some choose to believe—but I’m sure that you and your colleagues could show that it came at this moment and in the form it took because of years of able planning and advocacy by lawyers.

Related, one of the U.S. Supreme Court cases that Phil Neal later argued and won was a 1986 case, Pasadena City Board of Education v. Spangler, a class action challenging the constitutionality of racial segregation in a California high school system.

img_3510-cropped

1958, L-R:  Phil Neal (Stanford), Charles Fairman (Harvard), Julius Goebel (Columbia), L. Quincy Mumford (Librarian of Congress) and Paul Freund (Harvard).

*          *          *

In 1962, Phil Neal, after thirteen years on the Stanford law faculty, became a professor at the University of Chicago Law School.  The next year, he was appointed Dean.  He succeeded Edward H. Levi, who after twelve years as dean had become University provost—and who in 1975 would become U.S. Attorney General.

Phil Neal served as the Dean of the University of Chicago Law School, one of the nation’s great law schools, and one that rose in strength under his leadership, from 1962 until 1975.  While serving as Dean, Phil also served as executive secretary of the Coordinating Committee of the U.S. Federal Courts, charged with administering the massive volume of electrical equipment antitrust cases, and in that capacity he drafted the statute creating the Judicial Panel on Multidistrict Litigation.  He also served as Chairman of the White House Task Force on the Antitrust Laws, appointed by President Lyndon Johnson.

After Phil Neal in 1975 completed twelve years as Chicago’s law dean, he remained on the faculty, teaching courses in Antitrust (sometimes co-teaching with a leading economist), Constitutional Law, Elements of the Law, and Legal Ethics, and a Supreme Court seminar that sometimes met in his home.  He also practiced law as Of Counsel with Friedman & Koven, a Chicago firm.

In the 1980s, when Phil Neal was in his sixties and academic institutions still could legally mandate faculty retirements because higher education was exempted from the federal law barring age discrimination in employment, he retired, at least formally, becoming a professor emeritus.

Phil Neal, in full health and energy, and at his core a brilliant lawyer who loved his profession, then continued, and increased, his law practice.  In 1986, with thirty-four other lawyers, he founded Neal, Gerber & Eisenberg.  Today the firm has well over one hundred lawyers.  Phil helped to build the firm and practiced there very actively for decades, focusing on trial and appellate litigation in business law areas including antitrust, securities, bankruptcy and corporate law.  He served on the firm’s executive committee until recently.

20161022_153522-cropped

October 2002:  Phil Neal in Venice, Italy.

*          *          *

Phil Caldwell Neal’s extraordinary life ended last month. I was very lucky to know him, and to learn much from him about Robert H. Jackson—Phil savored his memories of Justice Jackson, admired him greatly, and regarded him as a very important life influence.

My even greater fortune, shared with many thousands, was to learn from Phil Neal about greatness in all the ways that he was.  He was dauntingly smart.  He was a stickler for clarity, in analysis, in writing, and in speech.  He was reflective—he could seem even taciturn at times, but that was because his wheels turned so fast, and sometimes they were grinding up weak ideas that had been presented to him.  He held himself and others to very high standards.  He had humility, decency, and humanity—he was, at his core, kindly.  And he believed deeply in the rule of law, and in the legal profession as a force for good.  In all of these ways, he was a leader, a motivator, a guide, a teacher.

And he did quite well, by the way, with a U.S. Army-certified bad heart.

2016070301-cropped

July 3, 2016:  Phil Neal at his home in Sawyer, Michigan.

*          *          *

Some links—

  • Phil Neal, speaking at Albany Law School in November 2004 about Justice Jackson—click here for video;
  • Phil Neal, at a dinner at Chautauqua Institution in 2002 following a former Jackson law clerks’ roundtable at the Robert H. Jackson Center, telling a story about his first name—Phil, not Philip—and an exchange he once had with Justice Tom C. Clark—click here for video (and skip ahead to the 4:00 mark, after my introduction of Phil, for his story);
  • Neal, Gerber & Eisenberg’s announcement of Phil Neal’s death—click here;
  • The University of Chicago’s announcement—click here;
  • An announcement published in the Chicago Tribuneclick here; and
  • An obituary from Phil’s neighborhood paper, the Hyde Park Heraldclick here.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: Judgments Days in Nuremberg (1946)

Greetings from Nuremberg, Germany, where I am honored to be participating in conference events and ceremonies commemorating the anniversary of the conclusion of the international Nuremberg trial.

Seventy years ago, on September 30, 1946, Justice Robert H. Jackson spent his final night here in Nuremberg, in what then was the United States occupation zone of what had been, before its unconditional surrender, Nazi Germany.

As United States Chief of Counsel since May 1945, Justice Jackson had negotiated with British, French and Soviet allies the creation of the International Military Tribunal (IMT), supervised the gathering and analysis of voluminous evidence, approved and brought criminal charges against twenty-four Nazi leaders and six Nazi organizations and, in November 1945, opened history’s first international prosecution for crimes against peace, war crimes and crimes against humanity.

During the next eight months, Justice Jackson worked in Nuremberg as a trial prosecutor and as an administrator of a large U.S. staff and a four-nation prosecution while also working throughout Europe as a leading occupation government official and U.S. diplomat.

Jackson’s active work in Nuremberg concluded when he delivered his closing argument to the IMT on July 26, 1946.  Five days later, he left Nuremberg temporarily, returning to the U.S. and Supreme Court work while part of his team remained in Nuremberg to present evidence against the indicted organizations and to sum up those cases, and then while the IMT judges deliberated and wrote their judgment.

Jackson landed back in Washington on August 2, 1946.  He remained there, living in his Virginia home and working at the Supreme Court, until September 18.  He then flew back to Europe, accompanied by some of his friends—Charles A. Horsky, Francis M. Shea, Robert G. Storey, and Father Edmund A. Walsh, S.J.—who had been senior members of his U.S. prosecution team during various pretrial and trial phases.  They were going back to Nuremberg to witness the IMT judgment, which was scheduled to be handed down on September 23.

After refueling stops in Goose Bay, Labrador, and in Iceland, Jackson and his delegation landed in Paris on September 20.  They learned then that the IMT had announced that its judgment would not be announced until September 30.

Justice Jackson, who had missed the previous Supreme Court term (a full year of Court work), was determined to be back on the bench in Washington when the new term began on October 7, 1946, the first Monday in October.  The IMT’s unexpected delay meant that Jackson would have almost no leeway in his travel schedule.

Jackson also, since leaving Nuremberg at the end of July, no longer had a requisitioned residence there—“his” house had passed to others.

So in late September 1946, Jackson stayed in Paris.  He worked on drafting his final report to President Truman.  He wrote and sent memoranda and cables, including back to the War Department about Nuremberg trial matters.  He also worked, it seems, on a major speech that he had agreed to deliver, long before he knew how squeezed his schedule would become, at the University of Buffalo in Buffalo, New York, on October 4.

Jackson flew from Paris to Nuremberg a few days later, but he was called back to Paris almost immediately by his friend and former U.S. Supreme Court colleague James F. Byrnes, who a year earlier had become U.S. Secretary of State.  They discussed many matters.  Some related to Germany and the Nuremberg trial.  Others concerned the Supreme Court.  One matter was Byrnes’s support for the idea of Jackson becoming U.S. Ambassador in London if, as some press reports then had it, Jackson wanted that job.  He made clear to Byrnes that he did not.

On one of their Paris afternoons together, Byrnes added Jackson to the U.S. delegation at the peace conference that was ongoing at the Quai D’Orsay.  Having experienced months of “simultaneous” (which really meant somewhat-close-to-simultaneous) four-language interpretation during the Nuremberg trial, Jackson reported that at the Paris conference it was “terribly dull to listen to interpretations into 3 other languages, 1 by 1 after [each] speaker finished.  Awful.”

On Saturday, September 28, 1946, Jackson and guests flew from Paris back to Nuremberg.  His weekend there was filled with work meetings and social activities.  Many of his travelling companions found extremely comfortable, indeed fancy, quarters.

Having lost his house, Jackson, along with his son and executive assistant Lieutenant William E. Jackson (U.S. Navy Reserve), his secretary Mrs. Elsie Douglas, and his nephew Private Harold J. Adams (U.S. Army), bunked in servants’ quarters on the top floor of a requisitioned German mansion.

Private Adams, serving in the U.S. Army of occupation, had been ordered to Nuremberg by Lieutenant General Lucius D. Clay, Deputy Military Governor in the Office of Military Government for Germany (U.S.) and thus “General” (assimilated rank) Robert Jackson’s superior officer.  Gen. Clay took this action at Jackson’s request.  He  wanted his nephew to see history.

On Monday, September 30, 1946, the IMT judges began to read their lengthy Judgment.  The IMT affirmed the validity, in international law, of each crime charged in the indictment.  That afternoon, the court returned its verdicts—some convictions, some acquittals—on the indicted organizations.  That night, Jackson hosted a dinner and then retired to his room under the eaves.

On Tuesday, October 1, 1946, the IMT delivered its verdicts on the twenty-two individual defendants.  Nineteen were found guilty and three were found not guilty.  Of the nineteen, seven were sentenced to terms of imprisonment and twelve were sentenced to death by hanging.

Immediately after the IMT adjourned for the last time, Justice Jackson issued a written statement.  He said that he was gratified that the Tribunal had sustained and applied the principle that aggressive war is a crime for which statesmen may individually be punished.  He said that he had not had time to study other aspects of the intricate opinion.  He expressed regret that the Tribunal had acquitted two defendants, Hjalmar Schacht and Franz von Papen, and that it had declined to declare the criminality of the German Army General Staff, admitting that “[o]ur argument for their conviction … seemed so convincing to all of us prosecutors” and saying that they would have to study the effect of those acquittals on further prosecutions of industrialists and military officers.

Jackson’s statement closed with a reflective, long view:

I personally regard the conviction or sentence of individuals as of secondary importance compared with the significance of the commitment by the four [Allied] nations to the position that wars of aggression are criminal and that persecution of conquered minorities on racial, religious or political grounds is likewise criminal.  These principles of law will influence future events long after the fate of particular individuals is forgotten.

At 5:30 p.m. that afternoon, Jackson left Nuremberg.  His plane made stops in Paris, the Azores and Stephenville, Newfoundland.  Before the next day, October 2, was done, he was back in Washington.

On October 3, Justice Jackson was back in his Supreme Court chambers, where he found “an awful pile of work that had accumulated in [his] absence.”

Jackson traveled from Washington to Buffalo and delivered his first post-Nuremberg speech there on October 4, 1946.

Three days later, he was present on the bench when the Supreme Court began its new term.

He never again left North America.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: Wedding in Cold Spring Harbor (1944)

On this date in 1944, Ensign William Eldred Jackson (United States Navy Reserve), age 25, and Nancy-Dabney Roosevelt, age 21, married in Cold Spring Harbor, Long Island, New York.

The wedding, occurring on a Sunday night during wartime, was not a large affair.  The couple married in St. John’s Church, located near the Turkey Lane home of Nancy’s parents, Lieutenant Colonel Archibald B. Roosevelt (U.S. Army) and Grace Lockwood Roosevelt.  Lt. Col. Roosevelt had been in active military service, and seriously wounded, in the Pacific Theater.  That September, he somehow made it home, quite ill, only shortly before the wedding.

Cold Spring Harbor is a bit west of Oyster Bay, a town that was a childhood home of Archie, his siblings and his parents.  His father, Colonel (and also President of the United States) Theodore Roosevelt, had died in 1919, a few years before Nancy’s birth.  In 1944, her grandmother, former First Lady Edith Kermit Carow Roosevelt, age 83, was still living in her home, Sagamore Hill, and she was a beaming wedding guest.

So were Bill Jackson’s parents, Justice Robert H. Jackson and Irene Jackson.  Travelling north from Virginia, they attended the wedding and then the reception dinner that followed at the home of Archie and Grace.

img_7166

The Reverend Albert Lucas of St. Albans School in Washington, D.C., Bill’s alma mater, officiated at the wedding.  Nancy was attended by her sisters and others.  Bill’s best man was his father, Robert Jackson.  Reverend Lucas remembered, years later, what a “tribute”—I believe in both directions, son-to-father and father-to-son—“that conveyed to all present at the ceremony.”

Bill and Nancy were married for fifty-five years, until his death in 1999, and she died in 2010.  I was lucky to know each of them, and to benefit from their generous friendship.  I still do.  And of course I am thinking of them on this, their anniversary evening.

*          *          *

For a 2003 film clip of Nancy Jackson recalling her father-in-law, whom she adored (you’ll see, and the feeling was very mutual), click here.

—————–

This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: New Month, Quiet; Full Court, Ready (August 1941)

This post, enhanced with an image of Justice Jackson’s Aug. 1941 letter to Justice Douglas, and with some footnotes, now is on the Jackson List archive site in PDF file form.