Editing Felix Frankfurter

{{Short description|American jurist (1882–1965)}}
{{Use mdy dates|date=March 2025}}
{{Infobox officeholder
| name                = Felix Frankfurter
| image               = FRANKFURTER, FELIX. JUSTICE (cropped).jpg
| office              = [[Associate Justice of the Supreme Court of the United States]]
| nominator           = [[Franklin D. Roosevelt]]
| term_start          = January 30, 1939<!--Term start date as per www.supremecourt.gov, reflects date oath taken-->
| term_end            = August 28, 1962<ref name=SCOTUSjustices>{{cite web| url=https://www.supremecourt.gov/about/members_text.aspx| title= Justices 1789 to Present| publisher=Supreme Court of the United States| location=Washington, D.C.| access-date=February 15, 2022}}</ref>
| predecessor         = [[Benjamin N. Cardozo|Benjamin Cardozo]]
| successor           = [[Arthur Goldberg]]
| birth_date          = {{birth date|1882|11|15}}
| birth_place         = Vienna, Austria-Hungary
| death_date          = {{death date and age|1965|2|22|1882|11|15}}
| death_place         = [[Washington, D.C.]], U.S.
| spouse              = {{Marriage|Marion Denman|1919}}
| education           = {{nowrap|[[City College of New York]] ([[Bachelor of Arts|BA]])}}<br />[[Harvard University]] ([[Bachelor of Laws|LLB]])
| awards              = [[Presidential Medal of Freedom]] (1963)<ref>{{cite web |url=https://www.presidency.ucsb.edu/node/239293 |title=Remarks With Under Secretary of State George W. Ball at the Presentation of the Medal of Freedom Awards, December 6, 1963 |access-date=December 2, 2020 |last1=Woolley |first1=John T |last2=Peters |first2=Gerhard |work=The American Presidency Project |publisher=University of California, Santa Barbara |language=en}}</ref>
| allegiance          = United States
| branch              = [[United States Army]]
| serviceyears        = 1917–1918
| rank                = [[Major (United States)|Major]]
| caption             = Official portrait, 1939
| resting_place       = [[Mount Auburn Cemetery]]
| signature           = Felix_Frankfurter_Signature_from_the_Goldman_Collection.png
| battles             = [[World War I]]
| unit                = [[United States Army Judge Advocate General's Corps]]
}}

'''Felix Frankfurter''' (November 15, 1882 – February 22, 1965) was an American jurist who served as an [[Associate Justice of the Supreme Court of the United States]] from 1939 until 1962, advocating [[judicial restraint]].

Born in Vienna, Frankfurter immigrated with his family to New York City at age 12. He graduated from [[Harvard Law School]] and worked for [[Henry L. Stimson]], the [[U.S. Secretary of War]]. Frankfurter served as [[Judge Advocate General's Corps|Judge Advocate General]] during [[World War I]]. Afterward, he returned to Harvard and helped found the [[American Civil Liberties Union]]. He later became a friend and adviser of President [[Franklin D. Roosevelt]]. After [[Benjamin N. Cardozo]] died in 1938, Roosevelt nominated Frankfurter to the Supreme Court. Given his affiliations and alleged radicalism, the Senate confirmed Frankfurter's appointment only after its [[United States Senate Committee on the Judiciary|Judiciary Committee]] required him to testify in 1939, a practice that became routine in the 1950s.

His relations with colleagues were strained by ideological and personal differences, likely exacerbated by some [[antisemitism]]. His restraint was first seen as relatively liberal, as conservative justices had used the [[Derogation#Common law|derogation canon]] and [[plain meaning rule]] against [[Progressivism in the United States|Progressive]] economic legislation during the 1897–1937 [[Lochner era]].<ref>{{cite news |last1=Feldman |first1=Noah |title=Jousting Justices |url=https://www.nytimes.com/2010/11/07/books/review/ACohen-t.html |website=New York Times |date=November 5, 2010 |access-date=April 9, 2022|archive-url=https://web.archive.org/web/20230627052400/https://www.nytimes.com/2010/11/07/books/review/ACohen-t.html|archive-date=June 27, 2023}}</ref><ref>{{cite book |last1=Rosenbloom |first1=David |last2=O'Leary |first2=Rosemary |last3=Chanin |first3=Joshua |title=Public Administration and Law |date=2010 |publisher=CRC Press |location=United States |isbn=9781439803998 |page=37}}</ref> It became seen as somewhat conservative in [[civil liberties]] dissents as the Court moved left. His dissent in ''[[West Virginia State Board of Education v. Barnette]]'' (1943) refers to his [[Minority group|minority-group]] background as immaterial and was prompted by the new majority's repudiation of ''[[Minersville School District v. Gobitis]]'' (1940), in which he had penned the restrained majority opinion.

In 1948, he hired [[William Thaddeus Coleman Jr.]], the first Black law clerk at the Court, though in 1960 Frankfurter declined to hire [[Ruth Bader Ginsburg]], citing [[gender role]]s. In ''[[Brown v. Board of Education|Brown II]]'' (1955), he suggested the phrase "all deliberate speed" to endorse gradual [[racial integration]]. He held that redistricting was [[Justiciability|nonjusticiable]] in ''[[Colegrove v. Green]]'' (1946) and ''[[Baker v. Carr]]'' (1962), and his majority opinion in ''[[Gomillion v. Lightfoot]]'' (1960) only upheld review under the [[Fifteenth Amendment to the United States Constitution|Fifteenth Amendment]]. Frankfurter's other decisions include the majority opinion in ''[[Beauharnais v. Illinois]]'' (1952) and dissents in ''[[Glasser v. United States]]'' (1942) and ''[[Trop v. Dulles]]'' (1958). He retired after a 1962 stroke, replaced with [[Arthur Goldberg]].

==Early life and education==
Frankfurter was born into an [[Ashkenazi Jewish]] family on November 15, 1882, in Vienna (then part of Austria-Hungary). He was the third of six children of Leopold Frankfurter, a merchant, and Emma (Winter) Frankfurter.<ref>{{cite book |last=Mishra |first=Patit P. |chapter=Felix Frankfurter |title=The Home Front Encyclopedia: United States, Britain, And Canada in World Wars I And II |url=https://archive.org/details/homefrontencyclo00cime |url-access=limited |editor-first=James D. |editor-last=Ciment |editor2-first=Thaddeus |editor2-last=Russell |publisher=ABC-CLIO |year=2007 |isbn=978-1576078495 |pages=[https://archive.org/details/homefrontencyclo00cime/page/n98 76]–77 }}</ref> His father died in 1916. His mother died in January 1928 after a prolonged illness. His uncle, Solomon Frankfurter, was head librarian at the [[Vienna University Library]].<ref>{{Jewish Encyclopedia |no-prescript=1 |title= Frankfurter, Solomon |url=http://www.jewishencyclopedia.com/articles/6314-frankfurter-solomon }}</ref><ref>{{cite book |first=H. N. |last=Hirsch |title=The Enigma of Felix Frankfurter |publisher=Basic Books |year=1981 |isbn=9780465019793 |page=13 |url=https://books.google.com/books?id=7b2RAAAAMAAJ&pg=PA13}}</ref> Frankfurter's forebears had been [[rabbi]]s for generations.<ref name="Slater"/> In 1894, twelve-year-old Frankfurter and his family immigrated to the United States, settling in New York City's [[Lower East Side]], a dense center of immigrants. Frankfurter attended [[List of public elementary schools in New York City|P.S. 25]] and [[Townsend Harris High School]], where he excelled at his studies and enjoyed playing [[chess]] and shooting [[craps]] on the street. He spent many hours reading at [[The Cooper Union for the Advancement of Science and Art]] and attending political lectures, usually on subjects such as [[trade unionism]], [[socialism]], and [[communism]].<ref name="Harvnb1">{{Harvnb|Murphy|Owens|2003|p=264}}</ref><ref>{{Harvnb|Alexander|2001|p=77}}</ref>

After graduating in 1902 from [[City College of New York]], where he was inducted into [[Phi Beta Kappa]],<ref>{{cite web| last= Knott| first= K.| year= 2009| title= Supreme Court Justices Who Are Phi Beta Kappa Members| publisher= Phi Beta Kappa| access-date= October 4, 2009| url= http://www.pbk.org/userfiles/file/Famous%20Members/PBKSupremeCourtJustices.pdf| website= PBK.org| archive-url= https://web.archive.org/web/20110928082723/http://www.pbk.org/userfiles/file/Famous%20Members/PBKSupremeCourtJustices.pdf| archive-date= September 28, 2011| url-status= dead}}</ref> Frankfurter worked for the Tenement House Department of New York City to raise money for law school. He applied successfully to [[Harvard Law School]], where he excelled academically and socially. He became lifelong friends with [[Walter Lippmann]] and [[Horace Kallen]], became an editor of the ''[[Harvard Law Review]]'', and graduated first in his class with one of the best academic records since [[Louis Brandeis]].<ref name="Harvnb1"/><ref>{{Harvnb|Alexander|2001|pp=77–8}}</ref>

==Early career==
Frankfurter's legal career began when he joined the New York law firm of Hornblower, Byrne, Miller & Potter in 1906. In the same year, he was hired as the assistant to [[Henry Stimson]], the [[ U.S. Attorney for the Southern District of New York]].<ref>{{Harvnb|Murphy|Owens|2003|pp=264–65}}</ref> During this period, Frankfurter read [[Herbert Croly]]'s book ''[[The Promise of American Life]]'', and became a supporter of the [[New Nationalism (Theodore Roosevelt)|New Nationalism]] and of [[Theodore Roosevelt]].

In 1911, President [[William Howard Taft]] appointed Stimson as his [[United States Secretary of War|Secretary of War]], and Stimson appointed Frankfurter as law officer of the [[Bureau of Insular Affairs]]. Frankfurter worked directly for Stimson as his assistant and confidant. His government position restricted his ability to publicly voice his Progressive views, though he expressed his opinions privately to friends such as Judge [[Learned Hand]].<ref>{{Harvnb|Gunther|1994|pp=221–22}}</ref> In 1912 Frankfurter supported the [[Progressive Party (United States, 1912)|Bull Moose campaign]] to return Roosevelt to the presidency but was bitterly disappointed when [[Woodrow Wilson]] was elected. He became increasingly disillusioned with the established parties, and described himself as "politically homeless".<ref>{{Harvnb|Alexander|2001|p=82}}</ref>

==First World War==
Frankfurter's work in Washington had impressed the faculty at Harvard Law School, who used a donation from the financier [[Jacob Schiff]] to create a position for him there after Louis Brandeis suggested that Schiff do this. He taught mainly [[administrative law]] and occasionally [[criminal law]].<ref name =A8384/> With fellow [[professor]] [[James M. Landis]], he advocated judicial restraint in dealing with government misdeeds, including greater freedom for administrative agencies from judicial oversight.<ref>{{Harvnb|Carrington|1999|p=132}}</ref> He also served as counsel for the [[National Consumers League]], arguing for Progressive causes such as [[minimum wage]] and restricted work hours.<ref name="Slater"/><ref name =A8384>{{Harvnb|Alexander|2001|pp=83–4}}</ref> He was involved in the early years of ''[[The New Republic]]'' magazine after its founding by [[Herbert Croly]].<ref name="Slater"/><ref>{{Harvnb|Gunther|1994|p=244}}</ref>

[[File:Judge Advocate General Logo.png|thumb|250px|U.S. Navy Judge Advocate General logo]]
When the United States entered World War I in 1917, Frankfurter took a special leave from Harvard to be commissioned a [[Major (United States)|major]] in the [[United States Army Reserve]], where he supervised military [[courts-martial]] as a [[Judge Advocate General's Corps|Judge Advocate General]] in 1917 and served as special assistant to the Secretary of War [[Newton D. Baker]] until 1918.<ref>{{Harvnb|Gunther|1994|p=253}}</ref><ref>{{Harvnb|Irons|1999|p=267}}</ref><ref>{{Cite web |title=Frankfurter, Felix {{!}} Federal Judicial Center |url=https://www.fjc.gov/history/judges/frankfurter-felix |access-date=December 1, 2024 |website=www.fjc.gov}}</ref>

In September 1917, he was appointed counsel to a commission, the President's Mediation Committee, established by President Wilson to resolve major strikes threatening war production. Among the disturbances he investigated were the 1916 [[Preparedness Day Bombing]] in San Francisco, where he argued strongly that the radical leader [[Thomas Mooney]] had been [[Frameup|framed]] and required a new trial.<ref name=Alex84/> He also represented the [[United States Department of Labor|Labor Department]] on the priorities board of the [[War Industries Board]]<ref>{{cite book |url=https://books.google.com/books?id=NqZOAQAAIAAJ&pg=PA10 |title=Members of the War Industries Board Organization |date=1919 |page=10 |publisher=Government Printing Office |location=Washington, D.C. |access-date=February 19, 2024}}</ref><ref>{{cite book |chapter-url=https://archive.org/details/in.ernet.dli.2015.20066/page/n457/mode/1up |chapter=Appendix X: The War Industries Board |title=American Chemical Industry: The World War I Period: 1912–1922 |first=Williams |last=Haynes |author-link=Williams Haynes |date=1945 |volume=II |page=353 |publisher=D. Van Nostrand Company, Inc. |location=New York, New York |access-date=February 19, 2024}}</ref> and examined the [[Copper mining in Arizona|copper industry in Arizona]]. There, industry bosses solved industrial relations problems by having more than 1,000 strikers forcibly deported to New Mexico.<ref>{{Harvnb|Gunther|1994|pp=353–4}}</ref> 

Frankfurter thus learned firsthand about labor politics and extremism, including [[anarchism]], communism and [[revolutionary socialism]]. He came to sympathize with labor issues, arguing that "unsatisfactory, remediable social conditions, if unattended, give rise to radical movements far transcending the original impulse."  His activities led the public to view him as a radical lawyer and supporter of radical principles.<ref name=Alex84>{{Harvnb|Alexander|2001|pp=84–7}}</ref> Former President [[Theodore Roosevelt]] accused him of being "engaged in excusing men precisely like the Bolsheviki in Russia".<ref name =Murphy265/>

==Post First World War==
As the war drew to a close, Frankfurter was among the nearly one hundred intellectuals who signed a statement of principles for the formation of the League of Free Nations Associations, intended to increase [[United States non-interventionism|United States participation in international affairs]].<ref>{{Harvnb|Gunther|1994|p=261}}</ref>

Frankfurter was encouraged by Supreme Court Justice [[Louis Brandeis]] to become more involved in [[Zionism]].<ref name="Slater"/> With Brandeis, he lobbied President Wilson to support the [[Balfour Declaration]], a British government statement supporting the establishment of a Jewish homeland in [[Palestine (region)|Palestine]].<ref name="Slater"/> In 1918, he participated in the founding conference of the [[American Jewish Congress]] in [[Philadelphia]], creating a national democratic organization of Jewish leaders from all over the US.<ref>{{cite magazine| url= http://www.time.com/time/magazine/article/0,9171,788721,00.html| archive-url= https://web.archive.org/web/20071212030021/http://www.time.com/time/magazine/article/0,9171,788721,00.html| url-status= dead| archive-date= December 12, 2007| title= Religion: Jews v. Jews | date= June 20, 1938 | magazine= [[Time (magazine)|Time]]| access-date= August 24, 2017}}</ref> In 1919, Frankfurter served as a [[Zionism|Zionist]] delegate to the [[Paris Peace Conference, 1919|Paris Peace Conference]].<ref name="Slater">{{Citation|last1=Slater|first1=Elinor|last2=Slater|first2=Robert|title=Great Jewish Men|publisher=Jonathan David Company, Inc.|year=1996|isbn=978-0-8246-0381-6|pages=112–115|url=https://books.google.com/books?id=T91sokr_nJYC&q=felix+frankfurter&pg=PA112|access-date=October 25, 2020}}</ref>

===Marriage and family===
In 1919, Frankfurter married Marion Denman, a [[Smith College]] graduate and the daughter of a Congregational minister. They married after a long and difficult courtship, and against the wishes of his mother, who was disturbed by the prospect of her son marrying outside the Jewish faith.<ref name =Murphy265/><ref>{{Citation|last=Polenberg|first=Richard|title=The Letters of Sacco and Vanzetti|publisher=Penguin Classics|year=2007|pages=[https://archive.org/details/lettersofsaccova00sacc/page/ xxi]|chapter=Introduction|isbn=978-0-14-310507-7|chapter-url=https://books.google.com/books?id=MeZXA2FVt34C&q=Marion+Denman&pg=PR21|no-pp=true|url=https://archive.org/details/lettersofsaccova00sacc/page/}}</ref> Frankfurter was a non-practicing Jew and regarded religion as "an accident of birth". Frankfurter was a domineering husband and Denman suffered from frail health. She suffered frequent mental breakdowns.<ref name =Murphy265>{{Harvnb|Murphy|Owens|2003|p=265}}</ref> The couple had no children.

===Founding ACLU===
Frankfurter's activities continued to attract attention for their alleged radicalism. In November 1919, he chaired a meeting in support of [[Foreign relations of the Soviet Union#Respectability and normal relations|American recognition]] of the newly created [[Soviet Union]].<ref>{{Harvnb|Gunther|1994|p=358}}</ref> In 1920, Frankfurter helped to found the [[American Civil Liberties Union]].<ref name="Slater"/> Following the arrest of suspected communist radicals in 1919 and 1920 in the [[Palmer Raids]], Frankfurter and other prominent lawyers such as [[Zechariah Chafee]] signed an ACLU report which condemned the "utterly illegal acts committed by those charged with the highest duty of enforcing the laws", noting entrapment, police brutality, prolonged incommunicado detention, and due process violations. Frankfurter and Chafee also submitted briefs to a [[habeas corpus]] application to the [[United States District Court for the District of Massachusetts|Massachusetts Federal District Court]]. Judge [[George W. Anderson (judge)|George W. Anderson]] ordered the discharge of twenty aliens, and his denunciation of the raids effectively ended them.<ref>{{Harvnb|Irons|1999|p=283}}</ref><ref>{{Harvnb|Stone|2004|pp=225–26}}</ref><ref>{{Citation|last1=Morris|first1=Norval|last2=Rothman |first2=David J. |title=The Oxford History of the Prison: The Practice of Punishment in Western Society|publisher=Oxford University Press|location=Oxford|year=1995|pages=358|isbn=978-0-19-511814-8}}</ref> [[J. Edgar Hoover]] began following Frankfurter as "the most dangerous man in the United States", a "disseminator of Bolshevik propaganda".<ref name=Summers2011>{{cite news
|last= Summers
|first= Anthony
|title= The Secret Life of J. Edgar Hoover
|url= https://www.theguardian.com/film/2012/jan/01/j-edgar-hoover-secret-fbi
|access-date= August 15, 2012
|newspaper= The Observer
|date= December 31, 2011
|location= London, UK
}}</ref><ref name="book_Offi">{{Cite book
| title = Official and Confidential: The Secret Life of J. Edgar Hoover
|last= Summers
|first= Anthony
| date = 2011
| publisher = Ebury
| access-date = May 2, 2019
| url = https://books.google.com/books?id=sHPi_i92KQcC&q=Frankfurter+HOOVER+MOST+DANGEROUS&pg=PA37
| isbn = 9781448117567
}}</ref>

In 1921, Frankfurter was given a chair at Harvard Law School, where he continued Progressive work on behalf of socialists and labor, as well as minorities. When [[A. Lawrence Lowell]], the President of Harvard University, proposed to limit the enrollment of Jewish students, Frankfurter worked with others to defeat the plan.<ref name =Murphy265/><ref>{{Harvnb|Gunther|1994|pp=362–65}}</ref>

In the late 1920s, he attracted public attention when he supported calls for a new trial for [[Sacco and Vanzetti]], two Italian immigrant [[anarchist]]s who had been sentenced to death on robbery and murder charges. Frankfurter wrote an influential article for ''[[The Atlantic Monthly]]'' and subsequently a book, ''The Case of Sacco and Vanzetti: A Critical Analysis for Lawyers and Laymen''. He critiqued the prosecution's case and the judge's handling of the trial; he asserted that the convictions were the result of anti-immigrant prejudice and enduring anti-radical hysteria of the [[First Red Scare|Red Scare]] of 1919–20.<ref name="Slater"/><ref name="rogers">{{Citation|last=Rogers|first=Alan|title=Murder and the Death Penalty in Massachusetts|publisher=University of Massachusetts Press|year=2008|isbn=978-1-55849-633-0|pages=187–94|url=https://books.google.com/books?id=1sRSYaLh2wIC&q=Frankfurter++Sacco+Vanzetti&pg=PA187|access-date=October 25, 2020}}</ref> His activities further isolated him from his Harvard colleagues and from Boston society.<ref name =Murphy265/>

==Advisor to President Roosevelt==
[[File:Vincenzo Laviosa - Franklin D. Roosevelt - Google Art Project.jpg|thumb|Franklin Roosevelt in the early 1930s]]
Following the inauguration of [[Franklin D. Roosevelt]] in 1933, Frankfurter quickly became a trusted and loyal adviser to the new president. Frankfurter was considered to be liberal<ref>{{cite journal| title= Review: The Reputation of Felix Frankfurter: The Enigma of Felix Frankfurter by H. N. Hirsch| first= Richard M.| last= Abrams| journal= American Bar Foundation Research Journal| volume= 10| number= 3 | date=Summer 1985| pages= 639–652|jstor = 828171|publisher = American Bar Foundation, Wiley| doi= 10.1111/j.1747-4469.1985.tb00514.x}}</ref> and advocated progressive legislation.<ref name=opqza>{{cite web| url= https://www.pbs.org/wnet/supremecourt/rights/robes_frankfurter.html| via= pbs.org| publisher= [[WNET]] New York; [[Educational Broadcasting Corporation]]| work= The Supreme Court| title= Biographies of the Robes: Felix Frankfurter| access-date= August 29, 2017}}</ref> He argued against the economic plans of [[Raymond Charles Moley|Raymond Moley]], [[Adolf Berle]] and [[Rexford Guy Tugwell|Rexford Tugwell]], while recognizing the need for major changes to deal with the inequalities of wealth distribution that had led to the devastating nature of the [[Great Depression]].<ref name =G437>{{Harvnb|Gunther|1994|p=437}}</ref>

Frankfurter successfully recommended many bright young lawyers toward public service with the [[New Deal]] administration; they became known as "Felix's Happy Hot Dogs".<ref name =G437/><ref name =Murphy266/> Among the most notable of these were [[Thomas Gardiner Corcoran|Thomas Corcoran]], [[Donald Hiss]] and [[Alger Hiss]], and [[Benjamin Victor Cohen|Benjamin Cohen]]. He moved to Washington, D.C., commuting back to Harvard for classes, but felt that he was never fully accepted within government circles. He worked closely with [[Louis Brandeis]], lobbying for political activities suggested by Brandeis. He declined a seat on the [[Supreme Judicial Court of Massachusetts]] and, in 1933, the position of [[Solicitor General of the United States]].<ref name =Murphy266/>
Long an [[anglophile]], Frankfurter had studied at Oxford University in 1920. In 1933–34 he returned to act as visiting Eastman professor in the faculty of Law.<ref name =Murphy266>{{Harvnb|Murphy|Owens|2003|p=266}}</ref><ref name="berlin">{{Citation|last=Berlin|first=Isaiah|title=Personal Impressions|editor-last=Hardy|editor-first=Henry|publisher=Princeton University Press|year=2001|pages=[https://archive.org/details/personalimpressi00berl_1/page/112 112–19]|chapter=Felix Frankfurter at Oxford|isbn=978-0-691-08858-7|chapter-url=https://books.google.com/books?id=uwdPuPywwlMC&q=felix+frankfurter+Oxford&pg=PA112|url=https://archive.org/details/personalimpressi00berl_1/page/112}}</ref>

A 1935 newspaper article describes the Happy Hot Dogs as:<ref name=Henning>{{cite news
| first = Arthur Sears
| last = Henning
| title = New 'Hot Boss' Fears High Courts: Laws So 'Learned' They Defeat Purpose
| work = Chicago Tribune
| url = http://archives.chicagotribune.com/1935/12/22/page/4/article/new-deals-hot-dogs-fear-high-courts-rulings#text
| page = 21
| date = October 4, 1935
| access-date = August 18, 2017
}}</ref>
* [[Dean Acheson]], Undersecretary of the [[U.S. Department of the Treasury|Treasury]]
* [[Thomas Gardiner Corcoran]], legal staff member of the [[Public Works Administration]]
* [[James M. Landis]], head of the [[Securities and Exchange Commission]]
* [[Alger Hiss]], "right hand man" of Solicitor General [[Stanley Forman Reed]], [[U.S. Department of Justice]]
* [[Paul Freund]], also legal staff member of the U.S. Department of Justice

Other "Frankfurter men" in the New Deal included:<ref name=Henning />
* [[Benjamin V. Cohen]], legal staff member of the [[Public Works Administration]]
* [[Jerome Frank]], counsel to [[Reconstruction Finance Corporation]], former general counsel of the [[Agricultural Adjustment Administration]]
* [[Charles Wyzanski]], solicitor of the [[U.S. Department of Labor]]
* [[Thomas H. Eliot]], general counsel for the new social security organization ([[Social Security Administration]])
* Gardner Jackson, formerly assistant consumers' counsel of the [[Agricultural Adjustment Administration]]

Even after his appointment to the Supreme Court, Frankfurter remained close to Roosevelt. In July 1943, on behalf of the President, Frankfurter interviewed [[Jan Karski]], a member of the Polish resistance who had been smuggled into the Warsaw ghetto and a camp near the Belzec death camp in 1942, in order to report back on what is now known as the Holocaust. Frankfurter greeted Karski's report with skepticism, later explaining: "I did not say that he was lying, I said that I could not believe him. There is a difference."<ref>{{cite web |title=Jan Karski |url=http://www.raoulwallenberg.net/saviors/diplomats/list/jan-karski-820/ |website=raoulwallenberg.net |publisher=[[International Raoul Wallenberg Foundation]] |access-date=February 16, 2017}}</ref><ref>{{cite web | url= https://www.youtube.com/watch?v=7YVTfG_qE2Y  |archive-url=https://ghostarchive.org/varchive/youtube/20211221/7YVTfG_qE2Y |archive-date=December 21, 2021 |url-status=live| title= Jan Karski about his meeting with Supreme Court Justice Felix Frankfurter, 1943 |date=September 5, 2012 | via= YouTube.com}}{{cbignore}}</ref>

==Supreme Court justice==
[[File:Frankfurter faces Senate committee. Washington, D.C., Jan. 12. Felix Frankfurter, right, facing the Senate Judiciary Subcommittee today to answer questions concerning his fitness for the LCCN2016874782.jpg|thumb|Frankfurter (right) giving testimony before the [[Senate Judiciary Committee]] during the January 1939 hearings on his nomination to be an [[associate Justice of the Supreme Court of the United States|associate Justice of the Supreme Court]]]]
Following the death of [[Associate justice of the United States Supreme Court|Supreme Court associate justice]] [[Benjamin N. Cardozo]] in July 1938, President Roosevelt turned to Frankfurter for recommendations of prospective candidates to fill the vacancy. Finding none on the list to suit his criteria, Roosevelt [[Nomination and confirmation to the Supreme Court of the United States|nominated]] Frankfurter.<ref>{{Harvnb|Irons|1999|pp=327–8}}</ref> Frankfurter's nomination quickly became highly controversial, and a number of witnesses gave testimony in opposing the nomination during the [[confirmation hearing]] before the [[Senate Judiciary Committee]]. In addition to the objection that he was considered to be the president's unofficial advisor, that he was affiliated with special interest groups, that there were now no justices from west of the Mississippi, opponents pointed to Frankfurter as foreign-born and deemed to be affiliated with an anti-Christian movement viewed as part of a broader [[Red Scare|Communist infiltration into the country]].<ref>{{cite web |title=The Lusk Committee {{!}} L0031. National Civil Liberties Bureau Subpoenaed Files, 1917–1919. 5.25 cubic feet. |url=http://www.archives.nysed.gov/common/archives/files/res_topics_bus_lusk.pdf |pages=11–12 |website=[[New York State Archives]] |access-date=February 16, 2017}}</ref> As a result, the Judiciary Committee requested that Frankfurter appear before it and answer questions from the committee. He agreed, but only to address what he considered to be slanderous allegations against him. He was only the second Supreme Court nominee ever to testify during hearings on their nomination (the first was [[Harlan F. Stone]] in 1924), and the first to be requested to do so.<ref>{{cite news|url=https://www.nbcnews.com/id/wbna6694744|archive-url=https://web.archive.org/web/20210120011145/https://www.nbcnews.com/id/wbna6694744|url-status=dead|archive-date=January 20, 2021|title=A guide to the Supreme Court nomination|first=Tom| last=Curry|date=November 5, 2005|work=NBC News|access-date=March 20, 2022}}</ref><ref>{{cite web| title=Early Supreme Court hearings little resembled their modern counterparts| date=March 13, 2017| first=Scott| last=Bomboy| url=https://constitutioncenter.org/blog/early-supreme-court-hearings-little-resembled-their-modern-counterparts| work=Constitution Daily| publisher=National Constitution Center| location=Philadelphia, Pennsylvania| access-date=March 20, 2022}}</ref> Even so, he was confirmed by the [[U.S. Senate]] by [[voice vote]] on January 17, 1939.<ref>{{cite report| last=McMillion| first=Barry J.| date= January 28, 2022| title=Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President| url=https://sgp.fas.org/crs/misc/RL33225.pdf| publisher=Congressional Research Service| location=Washington, D.C.| access-date=February 15, 2022}}</ref>

Frankfurter served from January 30, 1939, to August 28, 1962.<ref name=SCOTUSjustices/> He wrote 247 opinions for the Court, 132 concurring opinions, and 251 dissents.<ref>{{cite journal| url= http://scholarship.law.missouri.edu/mlr/vol70/iss4/13 |publisher= University of Missouri School of Law| journal= Missouri Law Review| title= Why Do Supreme Court Justices Succeed or Fail? Harry Blackmun as an Example| first1= Lawrence S.| last1= Wrightsman| first2= Justin R. | last2= La Mort| url-status= live| archive-url= https://web.archive.org/web/20060901085817/http://law.missouri.edu/lawreview/docs/70-4/Wrightsman.pdf| archive-date= September 1, 2006| access-date= August 29, 2017| date= August 1, 2005 | number= 4 | volume= 70}}</ref> He became the court's most outspoken advocate of [[judicial restraint]], the view that courts should not interpret the [[United States Constitution|Constitution]] in such a way as to impose sharp limits upon the authority of the [[legislature|legislative]] and executive branches.<ref name="I328"/>  He also usually refused to apply the federal Constitution to the states.<ref>{{Harvnb|Eisler|1993|p=121}}</ref>  In the case of ''[[Irvin v. Dowd]],'' Frankfurter stated what was for him a frequent theme: "The federal judiciary has no power to sit in judgment upon a determination of a state court{{nbsp}}... Something that thus goes to the very structure of our federal system in its distribution of power between the United States and the state is not a mere bit of red tape to be cut, on the assumption that this Court has general discretion to see justice done".<ref>{{Harvnb|Eisler|1993|pp=161–162}}</ref>

In his [[judicial restraint]] philosophy, Frankfurter was strongly influenced by his close friend and mentor [[Oliver Wendell Holmes Jr.]], who had taken a firm stand during his tenure on the bench against the doctrine of "economic [[due process]]". Frankfurter revered Justice Holmes, often citing Holmes in his opinions. In practice, this meant Frankfurter was generally willing to uphold the actions of those branches against constitutional challenges so long as they did not "shock the conscience". Frankfurter was particularly well known as a scholar of [[civil procedure]].

Frankfurter's adherence to the judicial restraint philosophy was shown in the 1940 opinion he wrote for the court in ''[[Minersville School District v. Gobitis]],'' a case involving [[Jehovah's Witness]]es students who had been expelled from school due to their refusal to salute the flag and recite the [[Pledge of Allegiance (United States)|Pledge of Allegiance]]. He rejected claims that [[First Amendment to the United States Constitution|First Amendment rights]] should be protected by law, and urged deference to the decisions of the elected school board officials. He stated that religious belief "does not relieve the citizen from the discharge of political responsibilities" and that exempting the children from the flag-saluting ceremony "might cast doubts in the minds of other children" and reduce their loyalty to the nation. Justice [[Harlan Fiske Stone]] issued a lone dissent. The court's decision was followed by hundreds of violent attacks on Jehovah's Witnesses throughout the country.<ref>{{Harvnb|Irons|1999|pp=338–341}}</ref> It was overturned in March 1943 by the Supreme Court decision in ''[[West Virginia Board of Education v. Barnette]]''. A frequent ally, Justice [[Robert H. Jackson]], wrote the majority opinion in this case, which reversed the decision only three years prior in poetic passionate terms as a fundamental constitutional principle, that no government authority has the right to define official dogma and require its affirmation by citizens. Frankfurter's extensive dissent began by raising and then rejecting the notion that as a Jew, he ought "to particularly protect minorities," although he did say that his personal political sympathies were with the majority opinion.<ref>Frankfurter, Felix.  Dissenting opinion.  ''West Virginia Board of Education v. Barnette''.  ''Documents of American Constitutional and Legal History'', edited by Urofsky and Finkelman, Oxford UP, 2002, p. 704.</ref>  He reiterated his view that the role of the Court was not to give an opinion of the "wisdom or evil of a law" but only to determine "whether legislators could in reason have enacted such a law".<ref>{{Harvnb|Irons|1999|pp=344–345}}</ref><ref>{{citation|last=White|first=James Boyd|title=Living Speech: Resisting the Empire of Force|publisher=Princeton University Press|year=2006|pages=45–47|isbn=978-0-691-12580-0|url=https://books.google.com/books?id=uA_EXBnUA1EC&q=West+Virginia+Board+of+Education+v.+Barnette++Frankfurter+Jackson&pg=PA45}}</ref>

In ''[[Baker v. Carr]],'' Frankfurter's position was that the federal courts did not have the right to tell sovereign state governments how to apportion their legislatures; he thought the Supreme Court should not get involved in political questions, whether federal or local.<ref name =E11/> Frankfurter's view had won out in the 1946 case preceding ''Baker'', ''[[Colegrove v. Green]]''&nbsp;– there, a 4–3 majority decided that the case was non-justiciable, and the federal courts had no right to become involved in state politics, no matter how unequal district populations had become.<ref name =E11/><ref>{{Harvnb|Carrington|1999|pp=142–43}}</ref> But, in the ''Baker'' case, the majority of justices ruled to settle the matter&nbsp;– saying that the drawing of state legislative districts was within the purview of federal judges, despite Frankfurter's warnings that the Court should avoid entering "the political thicket".<ref>{{Harvnb|Eisler|1993|p=12}}</ref>

Frankfurter had previously articulated a similar view in a concurring opinion written for ''[[Dennis v. United States]]'' (1951). The decision affirmed, by a 6–2 margin, the conviction of eleven Communist leaders for conspiring to overthrow the US Government under the [[Smith Act]]. In it, he again argued that judges "are not legislators, that direct policy-making is not our province."<ref name="Stone 2004 402–10">{{Harvnb|Stone|2004|pp=402–10}}</ref> He recognized that curtailing the free speech of those who advocate the overthrow of government by force also risked stifling criticism by those who did not, writing that "[it] is a sobering fact that in sustaining the convictions before us we can hardly escape restriction on the interchange of ideas."<ref name="Stone 2004 402–10"/>

A pivotal [[school desegregation]] case came before the court in ''[[Brown v. Board of Education]]''. The case was scheduled for re-argument when Chief Justice [[Fred M. Vinson]], whose crucial vote appeared to be opposed to overruling the pro-segregation precedent in ''[[Plessy v. Ferguson]]'', died before the court's decision was made. Frankfurter reportedly remarked that Vinson's death was the first solid piece of evidence he had seen to prove the existence of God, though some believe the story to be "possibly apocryphal".<ref name="ariens">{{cite web|url=http://www.michaelariens.com/ConLaw/justices/vinson.htm|title=Michael Ariens on Fred Vinson|archive-url=https://web.archive.org/web/20150902094554/http://www.michaelariens.com/ConLaw/justices/vinson.htm |archive-date=September 2, 2015 }}</ref>

Frankfurter demanded that the opinion in ''[[Brown v. Board of Education|Brown II]]'' (1955) order schools to desegregate with "all deliberate speed".<ref name="Armstrong1">{{Harvnb|Woodward|Armstrong|1979|p=38}}</ref> Some school boards used this phrase as an excuse to defy the demands of the first ''Brown'' decision.<ref name="Armstrong1"/> For fifteen years, schools in many states of the South remained segregated; in some cases systems closed their schools, and new private schools were opened by white parents for their children.<ref>{{Harvnb|Woodward|Armstrong|1979|pp=37–38}}</ref> In ''[[Alexander v. Holmes County Board of Education]]'', the Court wrote, "The obligation of every school district is to terminate dual school systems at once and to operate now and hereafter only unitary schools."<ref>{{Harvnb|Woodward|Armstrong|1979|p=55}}</ref> Frankfurter's "all deliberate speed" formula was intended to constrain the federal judiciary toward a gradualist approach to school integration, but his formula backfired. By divorcing the plaintiff's injury from the remedy afforded, ''Brown II'' gave birth to modern Public Law Litigation, which today affords federal courts broad power to reform state institutions.<ref>{{cite journal|first=Mark|last=Tushnet|title=Public Law Litigation and the Ambiguities of ''Brown''|volume=61|journal=Fordham L.|issue=Rev. 23|year=1993}}</ref>

Frankfurter was hands-off in the area of business. In the 1956 government case against [[DuPont]], started because DuPont seemed to have maneuvered its way into a preferential relationship with [[General Motors|GM]], Frankfurter refused to find a conspiracy, and said the Court had no right to interfere with the progress of business.<ref>{{Harvnb|Eisler|1993|p=128}}</ref><ref>{{cite book|title=The Supreme Court Under Earl Warren, 1953–1969|first1=Michal R.|last1=Belknap|first2=Earl|last2=Warren|page=95|publisher=University of South Carolina Press}}</ref> Here again, Frankfurter opposed{{snd}}and lost out to{{snd}}the views of the court majority made up of Justices Warren, Black, Douglas and Brennan.<ref>{{Harvnb|Eisler|1993|p=129}}</ref> Later in his career, Frankfurter's judicial restraint philosophy frequently put him on the dissenting side of ground-breaking decisions taken by the [[Warren Court]] to end discrimination.

Frankfurter believed that the authority of the Supreme Court would be reduced if it went too strongly against public opinion: he sometimes went to great lengths to avoid unpopular decisions, including fighting to delay court decisions against laws prohibiting [[racial intermarriage]].<ref name=dwor>{{Harvnb|Dworkin|1996|p=340}}</ref>

For the October 1948 court term, Frankfurter hired [[William Thaddeus Coleman Jr.]], the first African American to serve as a Supreme Court [[Law clerk#Federal clerkships|law clerk]].<ref>{{Citation |first=Linda |last=Greenhouse |title=Supreme Court Memo; Women Suddenly Scarce Among Justices' Clerks |url=https://www.nytimes.com/2006/08/30/washington/30scotus.html |work=The New York Times |date=August 30, 2006 |access-date=November 28, 2008}}</ref>

In 1960, despite a recommendation from the [[Dean (education)|dean]] of Harvard Law School, Frankfurter turned down [[Ruth Bader Ginsburg]] for a clerkship position because of her gender. She later became an associate justice of the Supreme Court herself, and was the first Jewish woman to do so.<ref>{{Cite news |first=Neil A. |last=Lewis |title=THE SUPREME COURT: Woman in the News; Rejected as a Clerk, Chosen as a Justice: Ruth Joan Bader Ginsburg |url=https://www.nytimes.com/1993/06/15/us/supreme-court-woman-rejected-clerk-chosen-justice-ruth-joan-bader-ginsburg.html |newspaper=The New York Times |date=June 15, 1993 |access-date=August 2, 2015}}</ref>

Frankfurter's specific seat later came to be informally known as the "Jewish seat," as between 1932 and 1969 it was occupied by four consecutive Jewish justices: Cardozo, Frankfurter, Goldberg, and [[Abe Fortas]]. From 1994 to 2022, the seat was occupied by [[Stephen G. Breyer]], who is also Jewish.<ref name= jseat>{{cite news| url=https://www.npr.org/sections/politicaljunkie/2009/05/heres_a_question_from_carol.html| title=The 'Jewish Seat' On The Supreme Court| date=May 28, 2009 | last=Rudin| first=Ken| publisher=[[NPR]]| access-date=March 20, 2022}}</ref>

==Relationships with fellow justices==
Frankfurter generally attempted to influence any new justice<ref>{{Harvnb|Eisler|1993|p=100}}</ref> and succeeded with many, including [[Tom C. Clark]], [[Harold Hitz Burton]], [[Charles Evans Whittaker]], and [[Sherman Minton]].<ref>{{Harvnb|Eisler|1993|pp=88, 100, 105}}</ref> But [[William J. Brennan Jr.]] resisted<ref>{{Harvnb|Eisler|1993|p=102}}</ref> after some initial ambivalence,<ref>{{Harvnb|Eisler|1993|p=106}}</ref> and Frankfurter turned against Brennan after ''[[Irvin v. Dowd]]''. Other justices who received the Frankfurter treatment of flattery and instruction were Burton, [[Fred M. Vinson]], and [[John Marshall Harlan II]].<ref name=H188>{{Harvnb|Hirsch|1981|p=188}}</ref> With Vinson, who became Chief Justice, Frankfurter feigned deference but sought influence.<ref name=H189>{{Harvnb|Hirsch|1981|pp=189–90}}</ref> Some (possibly apocryphal) reports<ref name="ariens"/> have Frankfurter remarking that Vinson's death in 1953 was the first solid piece of evidence he had seen to prove the existence of God.<ref>{{Harvnb|Murphy|2003|p=327}}</ref>

Feuding with liberal colleagues [[Hugo Black]] and [[William O. Douglas]], Frankfurter became seen as a conservative figure.<ref name =E11>{{Harvnb|Eisler|1993|p=11}}</ref> He criticized them for starting "with a result" and producing "shoddy," "result-oriented," and "demagogic" work.<ref name=H189/> He even panned the work of Chief Justice [[Earl Warren]] as "dishonest nonsense".<ref name=H190>{{Harvnb|Hirsch|1981|p=190}}</ref> Frankfurter increasingly saw colleagues, including [[Frank Murphy]] and [[Wiley Blount Rutledge]], as part of a liberal "Axis" opposed to judicial restraint.<ref>{{Harvnb|Ball|2006|p=14}}</ref> Led by Black, they agreed that the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] entailed [[United States Bill of Rights|Bill of Rights]] protections, shaping [[Warren Court]] decisions.<ref>{{Harvnb|Ball|2006|pp=212–213}}</ref> Frankfurter feared this [[Incorporation of the Bill of Rights|incorporation theory]] usurped state control of criminal justice, limiting innovation in due process.<ref>{{Harvnb|Ball|2006|p=213}}</ref>

Colleagues disliked Frankfurter's argumentative style. "All [he] does is talk, talk, talk," Warren complained. "He drives you crazy."<ref name =I328>{{Harvnb|Irons|1999|p=328}}</ref><ref>{{Harvnb|Parrish|1993|p=52}}</ref> According to Black, "I thought Felix was going to hit me today, he got so mad."<ref name =I328/> In the Court's biweekly conference sessions, traditionally a period for vote-counting, Frankfurter habitually lectured his colleagues for forty-five or more minutes at a time, with his book resting on a podium. In turn, his opponents would read their mail or leave the room.<ref>{{Harvnb|Ball|2006|p=140}}</ref>

Frankfurter was close friends with Justice [[Robert H. Jackson]].<ref name="H187" /> The two exchanged much correspondence over their mutual dislike for Justice [[William O. Douglas]].<ref name=H187>{{Harvnb|Hirsch|1981|p=187}}</ref> Frankfurter also had a strong influence over Jackson's opinions.<ref name=H1878>{{Harvnb|Hirsch|1981|pp=187–88}}</ref>

Frankfurter was universally praised for his work before coming to the Supreme Court, and was expected to influence it for decades past the death of FDR.<ref name="wrightsman">{{Citation|last1=Wrightsman|first1=Lawrence S.|last2=La Mort|first2=Justin R.|date=Fall 2005|title=Why Do Supreme Court Justices Succeed or Fail? Harry Blackmun as an Example|journal=Missouri Law Review|volume=70|issue=4|pages=1261–87|url=http://law.missouri.edu/lawreview/docs/70-4/Wrightsman.pdf|url-status=dead|archive-url=https://web.archive.org/web/20120215004515/http://law.missouri.edu/lawreview/docs/70-4/Wrightsman.pdf|archive-date=February 15, 2012}}</ref>  However, Frankfurter's influence over other justices was limited by his failure to adapt to new surroundings, his style of personal relations (relying heavily on the use of flattery and ingratiation, which ultimately proved divisive), and his strict adherence to the ideology of [[judicial restraint]]. Michael E. Parrish, professor at UCSD, said of Frankfurter: "History has not been kind to [him]{{nbsp}}... there is now almost a universal consensus that Frankfurter the justice was a failure, a judge who{{nbsp}}... became 'uncoupled from the locomotive of history' during the Second World War, and who thereafter left little in the way of an enduring jurisprudential legacy."<ref>{{Harvnb|Ball|2006|p=137}}</ref>

==Retirement and death==
Frankfurter retired in 1962 after suffering a stroke and was succeeded by Arthur Goldberg.<ref name= jseat /> The former justice was awarded the [[Presidential Medal of Freedom]] by President [[John F. Kennedy]] in 1963. Frankfurter died from [[congestive heart failure]] in 1965 at the age of 82. His remains are interred in [[Mount Auburn Cemetery]] in [[Cambridge, Massachusetts]].<ref>{{cite book| url= http://www.supremecourthistory.org/04_library/subs_volumes/04_c20_e.html| via= supremecourthistory.org| last= Christensen| first= George A. | year= 1983| title= Here Lies the Supreme Court: Gravesites of the Justices| archive-url= https://web.archive.org/web/20050903032026/http://www.supremecourthistory.org/04_library/subs_volumes/04_c20_e.html |archive-date=September 3, 2005| publisher= [[Supreme Court Historical Society]]}}</ref><ref>{{cite journal| last= Christensen| first=George A.| title= Here Lies the Supreme Court: Revisited| journal= Journal of Supreme Court History| volume= 33 | number= 1| pages= 17–41 |date= February 19, 2008| publisher= [[University of Alabama]]| doi=10.1111/j.1540-5818.2008.00177.x| s2cid=145227968}}</ref>

==Legacy==

There are two extensive collections of Frankfurter's papers: one at the Manuscript Division of the [[Library of Congress]] and the other at Harvard University. Both are fully open for research and have been distributed to other libraries on microfilm. However, in 1972 it was discovered that more than a thousand pages of his archives, including his correspondence with [[Lyndon B. Johnson]] and others, had been stolen from the Library of Congress; the crime remains unsolved and the perpetrator and motive are unknown.<ref>{{cite magazine |url=https://www.newyorker.com/magazine/2014/12/01/great-paper-caper |first=Jill |last=Lepore |title=The Great Paper Caper |magazine=[[The New Yorker]] |date=December 1, 2014 |pages=32–38}}</ref>

Frankfurter was elected to the [[American Academy of Arts and Sciences]] in 1932 and the [[American Philosophical Society]] in 1939.<ref>{{Cite web |title=Felix Frankfurter |url=https://www.amacad.org/person/felix-frankfurter |access-date=May 12, 2023 |website=American Academy of Arts & Sciences |date=February 9, 2023 |language=en}}</ref><ref>{{Cite web |title=APS Member History |url=https://search.amphilsoc.org/memhist/search?creator=Felix+Frankfurter&title=&subject=&subdiv=&mem=&year=&year-max=&dead=&keyword=&smode=advanced |access-date=May 12, 2023 |website=search.amphilsoc.org}}</ref>

==Works==
Frankfurter published several books, including, ''[[The Business of the Supreme Court]]: A Study in the Federal Judicial System'' (1927), ''Mr. Justice Holmes and the Supreme Court'' (1938), ''The Case of Sacco and Vanzetti: A Critical Analysis for Lawyers and Laymen'' (1927), and ''Felix Frankfurter Reminisces'', recorded in talks with H.B. Phillips'' (1960).

* Frankfurter, Felix, and [[James M. Landis]] (1925). "The Compact Clause of the Constitution: A Study in Interstate Adjustments." ''[[Yale Law Journal]]'' 34, No. 7: 685–758.<ref>{{Cite journal|jstor = 789345|title = The Compact Clause of the Constitution. A Study in Interstate Adjustments|journal = The Yale Law Journal|volume = 34|issue = 7|pages = 685|last1 = Frankfurter|first1 = Felix|last2 = Landis|first2 = James M|doi = 10.2307/789345|year = 1925}}</ref>
* Frankfurter, Felix (1931). "Mr. Justice Holmes and the Constitution: A Review of His Twenty-five Years on the Supreme Court". Frankfurter, Felix, ed. ''Mr. Justice Holmes''. New York: Coward-McCann, Inc., pp. 46-118.

==See also==
{{colbegin}}
*[[Demographics of the Supreme Court of the United States]]
*[[List of justices of the Supreme Court of the United States]]
*[[List of law clerks of the Supreme Court of the United States (Seat 2)]]
*[[List of United States Supreme Court justices by time in office]]
*[[List of United States Supreme Court cases by the Hughes Court|United States Supreme Court cases during the Hughes Court]]
*[[List of United States Supreme Court cases by the Stone Court|United States Supreme Court cases during the Stone Court]]
*[[List of United States Supreme Court cases by the Vinson Court|United States Supreme Court cases during the Vinson Court]]
*[[List of United States Supreme Court cases by the Warren Court|United States Supreme Court cases during the Warren Court]]
{{colend}}

==References==
{{reflist|colwidth=30em}}

==Further reading==
{{refbegin|60em}}
*Abraham, Henry J. (1992), ''Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed.'' New York: Oxford University Press. {{ISBN|0-19-506557-3}}.
*{{citation | last= Alexander | first= Michael| title= Jazz Age Jews | publisher=Princeton University Press | year= 2001 |isbn= 978-0-691-11653-2}}.
*{{citation | last= Ball | first= Howard | title= Hugo Black: Cold Steel Warrior | place= New York | publisher= Oxford University Press | year= 2006 | isbn= 978-0-19-507814-5 | url= https://archive.org/details/hugolblackcoldst00ball }}.
*Cushman, Clare, ''The Supreme Court Justices: Illustrated Biographies,1789–1995'' (2nd ed.)  (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) {{ISBN|1-56802-126-7}}; {{ISBN|978-1-56802-126-3}}.
*{{citation| last= Carrington| first= Paul| title= Stewards of Democracy: Law as Public Profession| place= New York| publisher= Basic Books| year= 1999| isbn= 978-0-8133-6832-0| url= https://archive.org/details/stewardsofdemocr00paul}}.
*{{citation | last= Dworkin| first= Ronald| title= Freedom's Law: The Moral Reading of the American Constitution | place= Oxford| publisher=Oxford University Press | year= 1996 |isbn= 978-0-19-826470-5}}.
*{{citation| last= Eisler| first= Kim Isaac| title= A Justice for All: William J. Brennan, Jr., and the Decisions that Transformed America| place= New York| publisher= Simon & Schuster| year= 1993| isbn= 978-0-671-76787-7| url-access= registration| url= https://archive.org/details/justiceforallwil00eisl}}.
*{{cite journal |last=Frankfurter |first=Felix |author-link=Felix Frankfurter |year=1916 |title=The Constitutional Opinions of Justice Holmes |journal=[[Harvard Law Review]] |volume=29 |issue=6 |pages=683–702 |doi=10.2307/1326500|jstor= 1326500 }}
*Frankfurter, Felix (1927), ''Mr. Justice Holmes and the Constitution: A Review of His Twenty-Five Years on the Supreme Court''. Cambridge, Massachusetts: Dunster House Bookshop.
*Frankfurter, Felix, [https://www.jstor.org/stable/1330880 "Mr. Justice Holmes and the Constitution: A Review of His Twenty-Five Years on the Supreme Court".] Harvard Law Review, Vol. 41, No. 2 (December 1927), pp. 121-173.
*Frankfurter, Felix, ed. (1931), ''Mr. Justice Holmes''. New York: Coward-McCann, Inc.
*Frankfurter, Felix (1938), ''Mr. Justice Holmes and the Supreme Court''. Cambridge, Massachusetts: Harvard University Press.
*Frankfurter, Felix, ''[[Benjamin Cardozo|Mr. Justice Cardozo]] and Public Law'', [[Columbia Law Review]] 39 (1939): 88–118, [[Harvard Law Review]] 52 (1939): 440–470, [[Yale Law Journal]] 48 (1939): 458–488.
*Friedman, Leon and Israel, Fred L. (2013 ed., 4 vols.), ''The Justices of the United States Supreme Court: Their Lives and Major Opinions''. New York: Facts on File, Inc.
*{{citation | last = Gunther | first = Gerald | title = Learned Hand: The Man and the Judge | year = 1994 | publisher = Knopf | place = New York | isbn = 978-0-394-58807-0 | url = https://archive.org/details/learnedhandmanan00gunt }}.
*{{citation | last = Hirsh | first = H.N. | title = The Enigma of Felix Frankfurter | year = 1981 | publisher=Basic Books | place = New York | isbn = 978-0-465-01979-3}}.
*{{citation | last= Hockett | first= Jeffry D| title= New Deal Justice: The Constitutional Jurisprudence of Hugo L. Black, Felix Frankfurter, and Robert H. Jackson | place= Lanham, MD| publisher=Rowman & Littlefield Publishers | year= 1996 |isbn= 978-0-8476-8210-2}}.
*{{citation | last = Irons | first = Peter | title = A People's History of the Supreme Court | year = 1999 | publisher = Viking Penguin | place = New York | isbn = 978-0-670-87006-6 | url = https://archive.org/details/peopleshistoryof00iron }}.
*{{citation| last = Kennedy| first = David M.| title = Freedom from Fear: The American People in Depression and War, 1929–1945| year = 2001| publisher = Oxford University Press US| isbn = 978-0-19-503834-7| url = https://archive.org/details/freedomfromfeara00kenn}}.
*{{citation | last = Maguire | first = Peter H. | title = Law and War: An American Story | year = 2000 | publisher = Columbia University Press | isbn = 978-0-231-12050-0 | url = https://archive.org/details/lawwaramerican00magu }}.
*Martin, Fenton S. and Goehlert, Robert U. (1990), ''The U.S. Supreme Court: A Bibliography''. Congressional Quarterly Books. {{ISBN|0-87187-554-3}}.
*[[Bruce Allen Murphy|Murphy, Bruce Allen]] (1982), ''The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices,'' New York: [[Oxford University Press]]. {{ISBN|0-19-503122-9}}.
*{{citation | last=Murphy | first=Bruce Allen | authorlink=Bruce Allen Murphy | title = Wild Bill: The Legend and Life of William O. Douglas | location=New York | publisher=Random House | year=2003 | isbn=978-0-394-57628-2}}
*{{citation|last1= Murphy| first1=Bruce Allen| authorlink1=Bruce Allen Murphy| last2 = Owens | first2 = Arthur| editor-last= Vile |editor-first= John R.| title= Great American Judges: An Encyclopedia | chapter=Felix Frankfurter (1882–1965)|volume=1| place= Santa Barbara |publisher=ABC–CLIO|year= 2003 |isbn= 978-1-57607-989-8 }}.
*{{Citation| last = Parrish| first =Michael E.| year =1993 | contribution =Felix Frankfurter, the Progressive Tradition, and the Warren Court| title =The Warren Court in Historical and Political Perspective| publisher=University Press of Virginia | isbn =0-8139-1459-0
}}. {{ISBN|0-8139-1665-8}}
*Pritchett, C. Herman (1954), ''Civil Liberties and the Vinson Court'', [[University of Chicago Press]]. {{ISBN|978-0-226-68443-7}}; {{ISBN|0-226-68443-1}}.

* Schwarz, Jordan A. ''The New Dealers: Power Politics in the Age of Roosevelt'' (Vintage, 2011) pp. 123–137. [https://archive.org/details/newdealerspowerp0000schw online]

*Snyder, Brad (2022), ''Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment''. New York: W. W. Norton. [https://www.amazon.com/Democratic-Justice-Frankfurter-Supreme-Establishment/dp/1324004878/ excerpt]
*{{citation | last = Stone | first = Geoffrey R. | title = Perilous Times: Free Speech in Wartime From the Sedition Act of 1798 to the War on Terrorism | year = 2004 | publisher = Norton | place = New York | isbn = 978-0-393-05880-2 | url = https://archive.org/details/periloustimesfre00ston }}.
*Urofsky, Melvin I., ''Conflict Among the Brethren: Felix Frankfurter, William O. Douglas and the Clash of Personalities and Philosophies on the United States Supreme Court'', [[Duke Law Journal]] (1988): 71–113.
*Urofsky, Melvin I., ''Division and Discord: The Supreme Court under Stone and Vinson, 1941–1953'' (University of South Carolina Press, 1997) {{ISBN|1-57003-120-7}}.
*Urofsky, Melvin I., ''The Supreme Court Justices: A Biographical Dictionary'' (New York: Garland Publishing 1994). 590 pp.&nbsp;{{ISBN|0-8153-1176-1}}; {{ISBN|978-0-8153-1176-8}}.
*{{citation | last = White| first = G. Edward | title = The American Judicial Tradition: Profiles of Leading American Judges| year = 2007 |edition= 3rd | publisher=Oxford University Press| place = Oxford | isbn = 978-0-19-513962-4 }}.
*{{citation |last1=Woodward |first1=Bob |last2=Armstrong |first2=Scott |title=The Brethren: Inside the Supreme Court |publisher=Simon and Schuster |place=New York |year=1979 |isbn=978-0-671-24110-0 |url=https://archive.org/details/brethreninsideth00wood }}.
{{refend}}

==External links==
{{Commons}}
{{wikiquote}}
{{wikisource|Author: Felix Frankfurter}}
* The personal papers of Felix Frankfurter are kept at the  [http://www.zionistarchives.org.il/en/Pages/Default.aspx Central Zionist Archives] in Jerusalem. The notation of the record group is A264.
* {{Find a Grave|363}}
* [https://www.oyez.org/justices/felix_frankfurter/ Oyez: U.S. Supreme Court media on Felix Frankfurter]
* [https://web.archive.org/web/20080724072948/http://www.supremecourthistory.org/02_history/subs_timeline/images_associates/066.html Supreme Court Historical Society, Felix Frankfurther.]
* {{cite web
| url = http://oasis.lib.harvard.edu/oasis/deliver/findingAidDisplay?_collection=oasis&inoid=4827
| title = Finding aid for Felix Frankfurter, Papers, 1900–1965.
| publisher = Harvard Law School Library
| access-date = April 5, 2010
| archive-url = https://web.archive.org/web/20130627113959/http://oasis.lib.harvard.edu/oasis/deliver/findingAidDisplay?_collection=oasis&inoid=4827
| archive-date = June 27, 2013
| url-status = dead
}}
* {{PM20|FID=pe/005479}}

{{s-start}}
{{s-legal}}
{{s-bef|before=[[Benjamin N. Cardozo|Benjamin Cardozo]]}}
{{s-ttl|title=[[Associate Justice of the Supreme Court of the United States]]|years=1939–1962}}
{{s-aft|after=[[Arthur Goldberg]]}}
{{s-end}}

{{ACLU}}
{{SCOTUS Justices}}
{{Authority control}}

{{DEFAULTSORT:Frankfurter, Felix}}
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