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Stanley Forman Reed

Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957.[2][3] He also served as U.S. Solicitor General from 1935 to 1938.

"Stanley F. Reed" redirects here. Not to be confused with Stanley Foster Reed.

Stanley Forman Reed

Franklin D. Roosevelt

(1884-12-31)December 31, 1884
Minerva, Kentucky, U.S.

April 2, 1980(1980-04-02) (aged 95)
Huntington, New York, U.S.

Winifred Elgin
(m. 1908)

2

Born in Mason County, Kentucky, Reed established a legal practice in Maysville, Kentucky, and won election to the Kentucky House of Representatives. He attended law school but did not graduate, making him the latest-serving Supreme Court Justice who did not graduate from law school. After serving in the United States Army during World War I, Reed emerged as a prominent corporate attorney and took positions with the Federal Farm Board and the Reconstruction Finance Corporation. He took office as Solicitor General in 1935, and defended the constitutionality of several New Deal policies.


After the retirement of Associate Justice George Sutherland, President Franklin D. Roosevelt successfully nominated Reed to the Supreme Court. Reed served until his retirement in 1957, and was succeeded by Charles Evans Whittaker. Reed wrote the majority opinion in cases such as Smith v. Allwright, Gorin v. United States, and Adamson v. California. He authored dissenting opinions in cases such as Illinois ex rel. McCollum v. Board of Education.

Early life and education[edit]

Reed was born in the small town of Minerva in Mason County, Kentucky on December 31, 1884, the son of wealthy physician John Reed and Frances (Forman) Reed. The Reeds and Formans traced their history to the earliest colonial period in America, and these family heritages were impressed upon young Stanley at an early age.[4][5][6][7] At the age of 10, Reed moved with his family to Maysville, Kentucky where his father practiced medicine. The family resided downtown in a prominent home known as Phillips' Folly.


Reed attended Kentucky Wesleyan College and received a B.A. degree in 1902. He then attended Yale University as an undergraduate, and obtained a second B.A. in 1906. He studied law at the University of Virginia (where he was a member of St. Elmo Hall) and Columbia University, but did not obtain a law degree.[4][5][6] Reed married the former Winifred Elgin in May 1908. The couple had two sons, John A. and Stanley Jr., who both became attorneys.[6][7] In 1909 he traveled to France and studied at the Sorbonne as an auditeur bénévole.[4][5][6][7][a]

, 307 U.S. 533 (1939) – This was one of the first cases in which Reed wrote the majority opinion. The case was especially important to Reed because of his prior career as an attorney for agricultural cooperatives (Rock Royal was a milk producers co-op). Reed stuck closely to the facts in the case, quoting at length from the statute, regulations and agency order.[28]

United States v. Rock Royal Cooperative, Inc.

, 312 U.S. 19 (1941) – Upheld several aspects of the Espionage Act of 1917

Gorin v. United States

, 321 U.S. 649 (1944) – In 1935, a unanimous Supreme Court in Grovey v. Townsend, 295 U.S. 45 (1935), had held that political parties in Texas did not violate the constitutional rights of African American citizens by denying them the right to vote in a primary election. But in Smith v. Allwright, the issue came before the Court again. This time, the plaintiff alleged that the state, not the political party, had denied black citizens the right to vote. In an 8-to-1 decision authored by Reed, the Supreme Court overruled Grovey as wrongly decided. In ringing terms, Reed dismissed the state action question and declared that "the Court throughout its history has freely exercised its power to reexamine the basis of its constitutional decisions." The lone dissenter was Justice Roberts, who had written the majority opinion nine years earlier in Grovey.[29]

Smith v. Allwright

, 328 U.S. 373 (1946) – In a 7-to-1 ruling, Reed applied the undue burden standard to a Virginia law which required separate but equal racial segregation in public transportation. Reed found that the law created an undue burden because uniformity of law was essential in certain interstate activities, such as transportation.

Morgan v. Commonwealth of Virginia

, 332 U.S. 46 (1947) – Adamson was charged with murder but chose not to testify because he knew the prosecutor would ask him about his prior criminal record. Adamson argued that, because the prosecutor had drawn attention to his refusal to testify, Adamson's freedom against self-incrimination had been violated. Reed wrote that the rights guaranteed under the Fourteenth Amendment did not extend the protections of the Fifth Amendment to state courts. Reed felt that the framers of the Fourteenth Amendment did not intend to apply the Bill of Rights to states without limitation.

Adamson v. California

, 333 U.S. 203 (1948) – Reed said he was proudest of his dissent in Illinois ex rel. McCollum v. Board of Education. The ruling was the first to declare that a state had violated the Establishment Clause. Reed disliked the phrase "wall of separation between church and state," and his dissent contains his famous dictum about the phrase: "A rule of law should not be drawn from a figure of speech."[5]

Illinois ex rel. McCollum v. Board of Education

, 328 U.S. 331 (1946) – Reed authored this majority opinion for a court which confronted the issue of whether judges could censor newspapers for impugning the reputation of the courts. The Miami Herald newspaper had published two editorials and a cartoon criticizing a Florida court's actions in a pending trial. The judge cited the publisher and editors for contempt, claiming that the published material maligned the integrity of the court and thereby interfered with the fair administration of justice. Hewing closely to the facts in the case, Reed used the clear and present danger test to come down firmly on the side of freedom of expression.

Pennekamp v. Florida

, 347 U.S. 483 (1954) – This was recognized as a critical case even before it reached the Supreme Court. Chief Justice Earl Warren, realizing how controversial the case would be for the public, very much wanted to avoid any dissents in the case, but Reed was the lone hold-out. Other members of the Supreme Court worried about Reed's commitment to civil rights, as he was a member of the (then) all-white Burning Tree Club in Washington, D.C., and his Kentucky home had an all-white restrictive covenant (a covenant which had led Reed to recuse himself from a civil rights case in 1948). Nonetheless, Reed had written the majority decision in Smith v. Allwright and joined the majority in Sweatt v. Painter, 339 U.S. 629 (1950), which barred separate but equal racial segregation in law schools. Reed originally planned to write a dissent in Brown, but joined the majority before a decision was issued. Many observers, including Chief Justice Warren, believed a unanimous decision in Brown was necessary to win public acceptance for the decision.[6][21][30] Reed reportedly cried during the reading of the opinion.[31]

Brown v. Board of Education of Topeka

Legacy[edit]

An extensive collection of Reed's personal and official papers, including his Supreme Court files, is archived at the University of Kentucky in Lexington, where they are open for research.

"The United States is a constitutional democracy. Its organic law grants to all citizens a right to participate in the choice of elected officials without restriction by any state because of race." – Smith v. Allwright, 321 U.S. 649 (1944)

[38]

"There is a recognized abstract principle, however, that may be taken as a postulate for testing whether particular state legislation in the absence of action by Congress is beyond state power. This is that the state legislation is invalid if it unduly burdens that commerce in matters where uniformity is necessary—necessary in the constitutional sense of useful in accomplishing a permitted purpose." – Morgan v. Commonwealth of Virginia, 328 U.S. 373 (1946)

[39]

"Freedom of discussion should be given the widest possible range compatible with the essential requirement of the fair and orderly administration of justice. ... That a judge might be influenced by a desire to placate the accusing newspaper to retain public esteem and secure reelection at the cost of unfair rulings against an accused is too remote a possibility to be considered a to justice." – Pennekamp v. Florida, 328 U.S. 331 (1946)[40]

clear and present danger

"A rule of law should not be drawn from a figure of speech." – Illinois ex rel. McCollum v. Board of Education, 333 U.S. 203 (1948) (commenting on the phrase "wall of separation between church and state")

[41]

"Philosophers and poets, thinkers of high and low degree from every age and race have sought to expound the meaning of virtue, but each teaches his own conception of the moral excellence that satisfies standards of good conduct. Are the tests of the Puritan or the Cavalier to be applied, those of the city or the farm, the Christian or non-Christian, the old or the young? Does the Bill of Rights permit Illinois to forbid any reflection on the virtue of racial or religious classes which a jury or a judge may think exposes them to derision or obloquy, words themselves of quite uncertain meaning as used in the statute? I think not." – Beauharnais v. Illinois, 343 U.S. 250 (1952)

[42]

SEC General Counsel[43]

David M. Becker

List of justices of the Supreme Court of the United States

List of law clerks of the Supreme Court of the United States (Seat 6)

List of United States federal judges by longevity of service

List of United States Supreme Court justices by time in office

United States Supreme Court cases during the Hughes Court

United States Supreme Court cases during the Stone Court

United States Supreme Court cases during the Vinson Court

United States Supreme Court cases during the Warren Court

Alger Hiss

"Bogue Quits as R.F.C. Counsel." New York Times. December 2, 1932.

Butkiewicz, James L. "The Reconstruction Finance Corporation, the Gold Standard and the Banking Panic of 1933." Southern Economic Journal. 1999.

Conklin, William R. "Frankfurter, Reed Testify to Loyalty, Integrity of Hiss." New York Times. June 23, 1949.

Dinwoodey, Dean. "New NRA Test Case Covers Basic Issues." New York Times. April 7, 1935.

Eichengreen, Barry J. Golden Fetters: The Gold Standard and the Great Depression, 1919–1939. New ed. New York: Oxford University Press, 1992.  0-19-510113-8

ISBN

"Ex-Justice Reed to Hear Case." New York Times." March 4, 1958.

"Farm Board Counsel to Retire." New York Times. November 8, 1929.

Fassett, John D. "The Buddha and the Bumblebee: The Saga of Stanley Reed and Felix Frankfurter." Journal of Supreme Court History. 28:2 (July 2003).

Fassett, John D. New Deal Justice: The Life of Stanley Reed of Kentucky. New York: Vantage Press, 1994.  0-533-10707-5

ISBN

"Federal Judge in Missouri Named to Supreme Court." New York Times. March 3, 1957.

Goodman Jr., George. "Ex-Justice Stanley Reed, 95, Dead." New York Times. April 4, 1980.

"High Court Holds Challenge of NLRB Must Await Board Order Against Company." New York Times. February 1, 1938.

Hoffer, Peter Charles; Hoffer, William James Hull; and Hull, N.E.H. The Supreme Court: An Essential History. Lawrence, Kan.: University Press of Kansas, 2007.  0-7006-1538-5

ISBN

Huston, Luther A. "High Court Bars Trials By States In Sedition Cases." New York Times. April 3, 1956.

Huston, Luther A. "High Court Upholds Deportation And Denial of Bail to Alien Reds." New York Times. March 11, 1952.

Huston, Luther A. "Justice Reed, 72, to Retire From the Supreme Court." New York Times. February 1, 1957.

"Jackson Is Named Solicitor General." New York Times. January 28, 1938.

Jost, Kenneth. The Supreme Court A-Z. 1st ed. New York: Routledge, 1998.  1-57958-124-2

ISBN

"Justice Reed Retires From Supreme Court." New York Times. February 26, 1957.

"Justices on Stand Called 'Degrading'." Associated Press. July 18, 1949.

Kennedy, David M. Freedom From Fear: The American People in Depression and War, 1929–1945. New York: Oxford University Press, 1999. 0195038347

Kluger, Richard. Simple Justice. Paperback ed. New York: Vantage Press, 1977.  0-394-72255-8

ISBN

Krock, Arthur. "Reed's Views Reflect Changing High Court." New York Times. February 3, 1957.

Lewis, Anthony. "Eisenhower Picks Civil Rights Unit." New York Times. November 8, 1957.

Lewis, Anthony. "Reed Turns Down Civil Rights Post." New York Times. December 4, 1957.

"Map Legal Battle for AAA Program." Associated Press. September 23, 1935.

Mason, Joseph R. "The Political Economy of Reconstruction Finance Corporation Assistance During the Great Depression." Explorations in Economic History. 40:2 (April 2003).

"Murphy, Jackson Inducted Together." New York Times. January 19, 1940.

Nash, Gerald D. "Herbert Hoover and the Origins of the Reconstruction Finance Corporation." Mississippi Valley Historical Review. December 1959.

"New Deal Pleas Won Reed Fame." New York Times. January 16, 1938.

Olson, James S. Saving Capitalism: The Reconstruction Finance Corporation and the New Deal, 1933–1940. Princeton, N.J.: Princeton University Press, 1988.  0-691-04749-9

ISBN

"Potomac Pact Delayed." New York Times. November 22, 1960.

"Reed Given Court Task." United Press International. October 29, 1957.

"Reed In Collapse." New York Times. December 11, 1935.

Schlesinger, Arthur M. The Age of Roosevelt: The Coming of the New Deal, 1933–1935. Paperback ed. Boston: Houghton Mifflin Co., 1958.  0-618-34086-6

ISBN

Schlesinger, Arthur M. The Age of Roosevelt: The Crisis of the Old Order, 1919–1933. Paperback ed. Boston: Houghton Mifflin Co., 1957.  0-618-34085-8

ISBN

Schlesinger, Arthur M. The Age of Roosevelt: The Politics of Upheaval, 1935–1936. Paperback ed. Boston: Houghton Mifflin Co., 1960.  0-618-34087-4

ISBN

"Senate Quickly Confirms Reed Nomination." New York Times. January 26, 1938.

"Stanley Reed Goes to Supreme Court." New York Times. January 16, 1938.

"Stanley Reed Named Solicitor General." New York Times. March 19, 1935.

Stark, Louis. "Belcher Test Case of Validity of NRA to Be Abandoned." New York Times. March 26, 1935.

Stark, Louis. "High Court Affirms Non-Red Taft Oath." New York Times. May 9, 1950.

"3 Justice Step Out of 'Covenants' Case." Associated Press. January 16, 1948.

Tomlins, Christopher, ed. The United States Supreme Court: The Pursuit of Justice. New York: Houghton Mifflin, 2005.  0-618-32969-2

ISBN

"Urges High Court to Give 7A Ruling." New York Times. April 12, 1935.

Urofsky, Melvin I. Division & Discord: The Supreme Court Under Stone and Vinson, 1941–1953. New ed. Columbia, S.C.: University of South Carolina Press, 1998.  1-57003-318-8

ISBN

Walz, Jay. "Decision Is 6 to 2." New York Times. June 5, 1951.

Wicker, Elmus. The Banking Panics of the Great Depression. New York: Cambridge University Press, 1996.  0-521-56261-9

ISBN

Wood, Lewis. "High Court Rules Negroes Can Vote In Texas Primary." New York Times. April 4, 1944.

Wood, Lewis. "Sutherland Quits Supreme Court." New York Times. January 6, 1938.

Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: , 1992). ISBN 0-19-506557-3.

Oxford University Press

Cushman, Clare, The Supreme Court Justices: Illustrated Biographies,1789–1995 (2nd ed.) (), (Congressional Quarterly Books, 2001) ISBN 1-56802-126-7; ISBN 978-1-56802-126-3.

Supreme Court Historical Society

Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) ( Publishers: 1995) ISBN 0-7910-1377-4, ISBN 978-0-7910-1377-9.

Chelsea House

Martin, Fenton S. and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography, (Congressional Quarterly Books, 1990).  0-87187-554-3.

ISBN

Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary (New York: 1994). 590 pp. ISBN 0-8153-1176-1; ISBN 978-0-8153-1176-8.

Garland Publishing

Louie B. Nunn Center for Oral History, University of Kentucky Libraries

Stanley F. Reed Oral History Project

Stanley F. Reed papers. Manuscript Collection, Special Collections, William T. Young Library, University of Kentucky.

at Find a Grave

Stanley Forman Reed