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"The Battles and Triumphs of FDR's Great Supreme Court Justices" (Encore presentation.)

By Rich Fisher


Tulsa, Oklahoma – (Note: This show originally aired in December of last year.) On today's show, we're speaking with author and scholar Noah Feldman about his new, far-reaching, and impressively researched book, "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices." Feldman --- whose other books include "The Fall and Rise of the Islamic State," "Divided By God," and "After Jihad" --- is a professor at Harvard University, a contributing writer for The New York Times Magazine, and an adjunct senior fellow at the Council on Foreign Relations. As the noted author and law professor Jeffrey Rosen has written of "Scorpions," in the pages of Publishers Weekly: "As a conservative Supreme Court flexes its muscles against a Democratic president for the first time since the New Deal, a series of recent books has explored the constitutional battles of the Roosevelt era and their contemporary relevance. Harvard law professor Feldman's 'Scorpions' focuses more on the battles of the 1940s and 1950s, and it is distinguished by its thesis that the 'distinctive constitutional theories' of Roosevelt's four greatest justices, all of whom began as New Deal liberals --- Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson --- have continued to 'cover the whole field of constitutional thought' up to the present day. Feldman argues that Black, the liberal originalist; Douglas, the activist libertarian; Frankfurter, the advocate of strenuous judicial deference; and Jackson, the pragmatist; achieved greatness by developing four unique constitutional approaches, which reflected their own personalities and worldviews, although they were able to converge on common ground in Brown v. Board of Education, which Feldman calls the last and greatest act of the Roosevelt Court. The pleasure of this book comes from Feldman's skill as a narrator of intellectual history. With confidence and an eye for telling details, he relates the story of the backstage deliberations that contributed to the landmark decisions of the Roosevelt Court, including not only Brown but also cases involving the internment of Japanese-Americans, the trial of the German saboteurs, and President Truman's seizure of the steel mills to avoid a strike. Combining the critical judgments of a legal scholar with political and narrative insight, Feldman is especially good in describing how the clashing personalities and philosophies of his four protagonists were reflected in their negotiations and final opinions; his concise accounts of Brown and the steel seizure case, for example, are memorable. And he describes how the rivalries and personality clashes among the four liberal allies eventually drove them apart: Hugo Black's determination to take revenge on those who offended his Southern sense of honor led him to retaliate not only against Jackson and Chief Justice Harlan Fiske Stone but also against the racist Southerners who had disclosed his former Ku Klux Klan membership to the press. . . . This is a first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life."