Tag Archives: William E. Jackson

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: 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: The Justice on Vacation, “Shop Closed” (Summer 1951)

On June 4, 1951, the Supreme Court of the United States announced its final decisions of the term and then began its summer recess.

The most notable decision that day was United States v. Dennis, et al.  The Court, by a 6-2 vote, affirmed the criminal convictions and prison sentences of eleven leaders of the Communist Party of the U.S.A., for conspiring to teach and advocate the overthrow of the U.S. government.

In a related matter, the Court also announced that day that, by the same vote, it would not review United States v. Sacher, et al., the cases of six attorneys who had represented Dennis defendants during their long, contentious 1949 trial in New York City.  Following the trial, the judge had convicted these attorneys of criminal contempt for misconduct during the trial and sentenced them to prison terms.

Justice Robert H. Jackson was one of the six justices who comprised the Dennis and Sacher majorities.

*          *          *

By order of the Chief Justice, Fred M. Vinson, acting pursuant to a federal law, Justice Jackson served as Circuit Justice for the Second Circuit (New York, Connecticut and Vermont).  This meant that during a Supreme Court recess, emergency matters from the Second Circuit would be Jackson’s initial responsibility.  In the Dennis case itself, for example, Jackson as Circuit Justice had the previous September—i.e., during the Court’s 1950 summer recess—granted defendants’ motion for continuation of their bail through the duration of their appeals.

During the Court “recess” weeks of June 1951, Justice Jackson remained mostly in Washington, working in his chambers.  In the Dennis and Sacher cases, the Supreme Court’s mandates—certified copies of its judgments and opinions—were scheduled to issue in late June.  Those actions would formally return the cases to the lower courts for proceedings consistent with the Supreme Court’s judgments.  For defendants in each group, that soon would lead, very predictably, to the trial judge directing them to report to federal prison to begin serving their sentences.

The Dennis and Sacher defendants sought to stay the Court’s issuance of its mandates.  The Dennis defendants, who had filed separately a petition asking the full Court to rehear the case and reconsider the lawfulness of their criminal convictions, sought to stay issuance of the Court’s mandate and continue each defendant’s bail until the Court decided whether to rehear the case.  The Sacher defendants, who also were seeking the full Court’s reconsideration of its decision not to review their convictions, sought to stay issuance of the mandate as well.

Because the full Court was in recess, these matters were presented to the Second Circuit Justice, Robert Jackson.  He heard oral arguments from counsel in his chambers on June 21, 1951.  The next day, he issued his decisions.  In Dennis, Jackson denied the stay request and continuation of bail.  In Sacher, he granted the stay.  Among his reasons:  to insure that the Dennis defendants would have the full assistance of counsel as their cases returned to the trial court and they surrendered for incarceration.

Then, in July 1951, Justice Jackson went on vacation.  He traveled by train from Washington to San Francisco, and from there north to the Bohemian Club’s summer encampment—the Bohemian Grove—in Monte Rio, California.

Jackson first visited the Bohemian Grove in summer 1948 as the guest of San Francisco lawyer Arthur Kent, a close friend and former government colleague.  The next year, the Club elected Jackson to honorary membership, and he returned to the Bohemian Grove every summer for the rest of his life.  The Grove offered two-plus weeks of relaxation, in high-powered and professionally diverse male company, in a setting of great natural beauty.  On July 20th, Jackson described some of this in a letter to his daughter, at her home in McLean, Virginia:

Dear Mary –

Just a note to let you know

I am in the land of the living and feel

fine.  Really never felt better – lots of fruit[,]

swimming, canoeing and walking.

The [Bohemian Grove] program I was to appear

on went over fine.  Quite by accident

I ran upon a yarn by H.L. Mencken

about judges and booze – a most

ably written and amusing story.

With a few side remarks I read it [to the group]

and it seemed to be most acceptable.

            Since I have already told you all that

can be told about this place I simply say

it seems more relaxing than ever before –

probably because I am better acquainted.

I sleep until 8:30 or 9 every morning

and once until 10.  College Presidents

are a dime a dozen [here] and Herbert

Hoover, mellow with age and experience[,]

has been very companionable.  A list

of those who are Who’s Who material

would fill a book.  The weather has

been perfect – hot days and cold

nights.

…Will send a few

post card views just to refresh your

memories on what it is like out

here.

More at some later time.  Love

and good wishes

Dad.

*          *          *

In the Dennis case, following Justice Jackson’s June 22, 1951, denial of the motion for a stay, the Supreme Court’s mandate issued and the defendants were ordered to surrender for incarceration on July 2nd.  Seven of the Communist Party officials did surrender but four (Gus Hall, Henry Winston, Robert Thompson, and Gilbert Green) did not—they jumped bail and became fugitives.

In Manhattan, U.S. District Court Judge Sylvester J. Ryan, to whom the Dennis case was newly assigned because the trial judge had just been appointed to the Court of Appeals, ordered the bail of the four men—$20,000 apiece—forfeited.  Judge Ryan then commenced an inquiry to determine whether any of the bail-providers had information that could lead to the fugitives.

The Dennis defendants had been beneficiaries of a bail bond fund collected and administered by an organization called the Civil Rights Congress.  The U.S. Attorney General, J. Howard McGrath, had designated this organization a Communist subversive front.

Judge Ryan ordered the bail fund trustees to appear in his court and answer questions.  On July 3rd, Frederick Vanderbilt Field, the fund’s secretary, appeared in court but refused, claiming a constitutional privilege against self-incrimination, to name the persons who had provided financial assets for the Congress to use as bail collateral.  On July 5th, Field reiterated this refusal and also refused to produce the bail fund’s books.  The next day, Judge Ryan, determining that Field’s privilege claim was unfound, judged him guilty of criminal contempt and sentenced him to ninety days in prison.

On July 9th, Judge Ryan ordered two more bail fund trustees to testify.  Dashiell Hammett, acclaimed writer of The Thin Man, The Maltese Falcon and many other works, was the fund’s chairman.  Dr. W. Alphaeus Hunton, formerly an English professor at Howard University and then a Council on African Affairs official, was another bail fund trustee.  Each refused to answer questions about the bail fund or to produce its records, claiming a constitutional privilege against self-incrimination.  Judge Ryan rejected these claims and, as with Field, convicted Hammett and Hunton of criminal contempt.  The Judge sentenced each to six months in prison.  They promptly were taken into custody by U.S. Marshals.

Field, Hammett and Hunton, through counsel, appealed their convictions and sought bail while their appeals were pending.  After Judge Ryan and then Court of Appeals judge Learned Hand denied bail, the lawyers filed emergency applications for bail at the Supreme Court.  When the lawyers learned from the Court Clerk’s office that the Second Circuit Justice, Jackson, was on vacation in California, the lawyers offered to travel to Jackson and make their arguments there.  Jackson, apprised of this offer, declined to make himself available.  The lawyers, informed of this, then told the Clerk’s office that they would take their applications to Justice Hugo L. Black (who had dissented in Dennis).  The Clerk’s office reported this to Jackson and he passed the information to Chief Justice Vinson, who happened also to be at the Bohemian Grove.

Chief Justice Vinson, not wanting to handle this matter himself, arranged for Justice Stanley Reed to act as Second Circuit Justice in Jackson’s absence and hear the bail applications of Field, Hammett and Hunton.  Justice Reed did so, convening a hearing in his hometown, Maysville, Kentucky, where he was vacationing.

Back at the Bohemian Grove, Justice Jackson on July 24th wrote to his son, daughter-in-law, young granddaughter and wife, together in Cold Spring Harbor, New York.  Jackson described some of how he had ducked, and how Justice Reed now came to be handling, these bail applications:

Dear Bill and Nancy + Miranda

+ Mother: –

….

            I have had a lot of bother with

the Communists trying to reach me

for bail and stays from [Judge] Ryan orders.

I flatly refused to be “available”

when they wanted to fly out here – with

a lot of publicity – to present application.

Then they wanted the cases sent to Black.

I said let them go to the C.J.  Well, he

is up at Joe Davies[’] [Bohemian Grove] camp and didn’t

want any hot stuff so he sent them

to Reed.  I haven’t heard what he

did.  But I suppose they are apt to

renew the effort to get at me

anytime.  Not if I can help it!

On July 25, 1951, Justice Reed denied the Field, Hammett and Hunton applications for bail pending appeal.  He found that Judge Ryan had legal authority to issue bench warrants for the Dennis fugitives, and to call witnesses to execute their judgments of imprisonment.  This was especially true of the bail fund trustees, who by providing bail had become part of the court control process that was responsible for the defendants’ required appearances.  Justice Reed also affirmed that Judge Ryan had legal power to protect court work from obstruction by refusals to answer inquiries, including by holding persons in criminal contempt.  And with regard to the bail fund records, Justice Reed held that the applicants had no constitutional privilege to withhold them, because the records were Civil Rights Congress property that they held as trustees, not their personal records.  Justice Reed held that the refusals to provide the records had been contemptuous, and he affirmed the denials of bail pending appeal.

*          *          *

Justice Jackson continued to vacation, giving some thought to Dennis case-related matters but not handling them.

On July 26th, for example, Jackson, probably unaware of Justice Reed’s decision the previous day, wrote again to his daughter:

Dear Mariska:

            …

Well, it was true that I was being

heckled by all sorts of things from the office.

But I told the Clerk’s office to lay off, that

I am simply not available out here and

someone else could look after the stuff,

that my shop is closed until after Labor Day.

They then tried to switch some of my stuff to

the C.J. but he sidestepped and let it

fall on Reed.  Anyway I’m out from under.

            …

            Am getting a daily swim and sun

bath, walk more miles each day than in

a month at home, sleep 9 hours a night[,]

eat like a horse and am lazy as hell.

Really have not felt better in God knows when.

….   It might be a good thing for you

to change scene a little while….  You seem

to be about the only one in the family who

does not get a vacation.

            Anyway love and good wishes.

                                    Daddy.

A few days later, Justice Jackson, still at the Bohemian Grove, wrote to his colleague and close friend, Justice Felix Frankfurter.  He was vacationing with his wife in Charlemont, Massachusetts.  Jackson’s letter included comments on the “Communist” cases:

Dear Felix :

            We have had [a] wonderful time in this

unique camp.  Soon have to give it

up and go back to the job.  But

anyway I shall do so greatly

refreshed.  I have not been reading the

Dennis record I assure you!  But I

continued their bail (the attys [Sacher, et al.]) so

another look could be taken at it.  I

suppose the Clerk sent you copy of my [June 22nd]

memo on it.  I do not know what, if

anything[,] we should, or can[,] do about

it at this stage.  I will be interested

in your conclusions when all considerations

have been canvassed.

            My best to Marion and

                        As ever

                                    Bob

*          *          *

Justice Jackson remained in northern California through most of August 1951.  His wife joined him there and they traveled around, visiting friends including Jackson’s former law clerk Phil Neal, then a professor at Stanford Law School.  (While at Stanford, Jackson interviewed Neal’s top student, William Rehnquist, for what became his clerkship with Jackson.)  On August 23rd, in San Francisco, Jackson delivered the keynote lecture at the California State Bar Association’s annual convention.

On August 28th, Justice Jackson returned to work in his Supreme Court chambers, preparing for the term that would begin in October.

On October 30th, the U.S. Court of Appeals for the Second Circuit affirmed Judge Ryan’s criminal contempt judgments against Field, Hammett and Hunton.

They sought Supreme Court review, without success—the Court denied their petitions on December 3rd.  Justice Black and Justice William O. Douglas, the Dennis dissenters, noted that they were “of the opinion certiorari should be granted.”

For his crime, Field served two months in prison.

Hammett, receiving credit for good behavior in prison, was incarcerated for 155 days, first in New York City and then in Kentucky.

Hunton also received “good time” credit and served slightly less than his six month sentence.

*          *          *

Some links—

  • Justice Jackson’s September 25, 1950, in chambers opinion, Williamson, et al. v. United States (ordering bail pending appeal for Dennis defendants) – click here (pp. 40-47);
  • United States v. Dennis, et al. (U.S. June 4, 1951), including Jackson’s concurring opinion – click here;
  • Jackson’s June 22, 1951, in chambers opinion, Sacher, et al. v. United Statesclick here (pp. 55-56);
  • Jackson’s June 22, 1951, in chambers opinion, Dennis, et al. v. United Statesclick here (p. 57);
  • Justice Reed’s July 25, 1951, in chambers opinion, Field et al. v. United Statesclick here (pp. 58-66); and
  • A recent essay by Yale Law School professor Stephen L. Carter, Why I Support Dissent: My Great-Uncle Who Wouldn’t Name Names, about W. Alphaeus Hunton – 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: Messages for Democrats (August 1940)

This post, including a historic postcard image of Celoron’s Pier Ball Room, now is on the Jackson List archive site in “book look” PDF file form.

Jackson List: Choosing Courtroom 600 (July 1945)

This post, with a July 21, 1945, photograph of Justice Jackson and his travel party arriving at an airfield near Nuremberg, now is on the Jackson List archive site in “book look” PDF file form.