June 1946


The Supreme Court has a new leader.  In addition to our other challenges, H.A. had a very difficult decision in replacing Chief Justice [Harlan Fiske] Stone, whose unforeseen death occurred in April.   The Court has not been a harmonious place.  There are personality conflicts among the Justices and even a feud between [Hugo] Black and [Robert] Jackson, who were strongly supported by various factions for the top job at the Court.  The animosity between Black and Roberts was so high that both threatened to resign if the other was appointed as Chief Justice.  

H.A. decided to sidestepped this controversy by appointing someone who was  not currently on the Court.  [Harry] Truman was pushing for a sitting cabinet member and personal friend for the position [Fred Moore Vinson, Secretary of the Treasury], but Truman's petty comments and opposition to H.A.'s foreign policy did not put his recommendations in good standing with H.A.  

There were many good names on the short list of candidates including Thurman Arnold, Jerome Frank, and Walter Huxman.  All had been appointed to the Court of Appeals by FDR and were strong advocates of the New Deal.  Since opposition to the New Deal was growing with the advent of the Whiskey Rebels, the Administration wanted to make sure that his appointment would promote the New Deal long after H.A.'s tenure in the White House ended.  Since these candidates had been recently approved by the Senate for the Court of Appeals, we felt that the Senate would have difficulty in attempting to block an appointment.  

H.A. picked Frank for his nominee.  Frank worked with H.A. at the Department of Agriculture when H.A. was the Secretary.  In 1935, Frank along with Alger Hiss [Communist Party member -A.S.] got into trouble when they created regulations in H.A.'s name to provide some protections for sharecroppers from their landlords in the south.  This endears me greatly to Frank.  Naturally, the landlords and cotton interests were enraged by this interference and put a great deal of pressure on FDR who then pressured H.A. to fire Frank and Hiss.  H.A. said that, "I had no doubt that Frank and Hiss were animated by the highest motives, but their lack of agricultural background exposed them to the danger of going to absurd lengths."   This was just another example of the New Deal not protecting my people.  The southern Democrats were necessary to hold the New Deal coalition together and FDR folded yet again as he did in excluding agricultural and domestic workers from the Social Security Act of 1935 and other programs.  At the time of Frank's firing, H.A. is reported to have had tears in his eyes and when he said, "Jerome, you've been the best fighter I've had for my ideas, but I've had to fire you... The farm people are just too strong."

However, FDR made sure that Frank's talents were not lost and quickly appointed him as Special Counsel to the Reconstruction Finance Association and later to the Securities and Exchange Commission.  Now H.A. has elevated Frank from the Court of Appeals to serve as the Chief Justice of the Supreme Court.  Naturally, the Whiskey Rebels are appalled that the Supreme Court is now run by a Jew, and a Communist one in their narrow view.  This confirms in their minds that H.A. is part of the Jewish and Communist conspiracy to destroy America.   

To me this nomination proves that H.A. is now his own man and is done trying to placate the Whiskey Rebels and their conservative Democratic and Republican allies.  We are going to move the New Deal forward and leave these reactionaries in the dust.

   
©  2013 Ron Millar