Oliver Wendell Holmes Jr. Quotes


I was driven years ago to the conclusion that political considerations had not hurt the character of appointments here [the supreme court].


Citations

Oliver Wendell Holmes Jr., 1841-1935, U. S. Supreme Court Justice, Letter to Harold J. Laski, 1925

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From time to time, the assessment of a prospective Supreme Court justice has depended on an attempt to move the court in a particular direction or to prevent that. This is as opposed to the issue of the competence of the nominee. In most cases, such nominees may not have been the best qualified but they have been extremely competent. In a few cases, such as that of Justice Clarence Thomas, the justice was mediocre and inexperienced at best, but his virtues were his race and his total ideological consistency. Most attorneys can predict his vote in advance. He has never asked a question in oral arguments. See {623452} .


In America, the best attorneys have stayed in private practice where they could make much more money than government service or become professors and scholars of law. In either case, most have a track record that would make Senate confirmation difficult even if they wanted to be Federal Judges. A few like Abraham Lincoln went into politics. The Supreme Court is somewhat of an exception because of the power it wields, but even then many great attorneys have not been so inclined. Federal judges have usually been above average as attorneys, but not among the greatest.


Over 30 states at the time required state judges to stand for election. The result was that they had to have money to finance their campaigns like any other politicians. The results were many cases of lack of impartiality and enormous public perception that the judges were beholden to large campaign contributors. Justice O’Connor pointed out to them that they had created their own problems by popularly electing judges.


Oliver Wendell Holmes Jr.
Oliver Wendell Holmes Jr.
  • Born: March 8, 1841
  • Died: March 6, 1935
  • Nationality: American
  • Profession: Judge

Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932. Noted for his long service, concise and pithy opinions, and deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for opinions on civil liberties and American constitutional democracy, and is one of the most influential American common law judges, honored during his lifetime in Great Britain as well as the United States. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice in the federal Supreme Court (although John Paul Stevens was only 8 months younger when he retired on April 12, 2010). He previously served as an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at his alma mater, Harvard Law School.