
Georgetown Law Professor Cliff Sloan recently discussed his new book, The Court at War: FDR, His Justices, and the World They Made, in an event sponsored by the Dean Rusk International Law center here at the University of Georgia School of Law.
Sloan was joined in conversation by two of the law school’s professors: Nathan S. Chapman, Pope F. Brock Professor of Law; and Diane Marie Amann, who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and the Center’s Faculty Co-Director.
Below is a description of the book:
By the summer of 1941, in the ninth year of his presidency, Franklin Roosevelt had molded his Court. He had appointed seven of the nine justices—the most by any president except George Washington—and handpicked the chief justice.
But the wartime Roosevelt Court had two faces. One was bold and progressive, the other supine and abject, cowed by the charisma of the revered president.
The Court at War explores this pivotal period. It provides a cast of unforgettable characters in the justices—from the mercurial, Vienna-born intellectual Felix Frankfurter to the Alabama populist Hugo Black; from the western prodigy William O. Douglas, FDR’s initial pick to be his running mate in 1944, to Roosevelt’s former attorney general and Nuremberg prosecutor Robert Jackson.
The justices’ shameless capitulation and unwillingness to cross their beloved president highlight the dangers of an unseemly closeness between Supreme Court justices and their political patrons. But the FDR Court’s finest moments also provided a robust defense of individual rights, rights the current Court has put in jeopardy. Sloan’s intimate portrait is a vivid, instructive tale for modern times.
Sloan joined Georgetown – where he teaches constitutional law, criminal justice, and death penalty litigation – following a distinguished legal career, in all three branches of the federal government, at leading law firms, and in-house at the Washington Post. He is also the author of The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court, a 2009 history of the Court’s foundational decision in Marbury v. Madison.