Thursday, September 10, 2020

Davies on 1916 and the Supreme Court

Ross E. Davies, George Mason University Antonin Scalia Law School, has posted A Changed Court, 2020 Green Bag Almanac 193:
On June 10, 1916, U.S. Supreme Court Justice Charles Evans Hughes resigned from the Court so that he could campaign full-time for the Presidency of the United States on the Republican ticket. The move turned out, eventually, to be a double blessing for sitting President Woodrow Wilson of the Democratic Party. First, in the summer, Wilson nominated John H. Clarke — like Wilson, a Democrat and a Progressive — to replace Hughes at the Court. Clarke was promptly confirmed and commissioned, and he took office on July 24. Second, in the autumn, Wilson ran for reelection and defeated Hughes on November 7. And it was, in addition, a busy year for speculation, staff changes, and sentimental expressions at the Court.
--Dan Ernst