Today in Supreme Court History: July 5, 1867

7/5/1867: Justice James Wayne dies.

Justice James Wayne

Comments

[Malika the Maiz]

Is that Steve Bannon after a days long coke bender?

[Sallust]

No, it's a photograph of Justice James Wayne. Perhaps you meant to reply to some other post?

[Supremacy Claus]

Wayne voted with the majority in Dred Scott. The decision was the first application of Marbury v Madison and judicial review. The lawyer has trouble reading the plain language of laws. Article I Section 1 prohibits judical review. It gives all lawmaking power to the legislature.

This decision cancelled a law that prevented war for the previous 20 years. It contradicted a ratified treaty of the US. It is an example of how all judicial decisions are feelings, moods, hanger, local culture, which side of the bed. In this case, they are also expressions of self interest. Wayne was a slaveowner. The decision set off the Civil War, and was an unmitigated lawyer catastrophe for the country.

I am curious if the lawyers here spent any substantial time reviewing this case in law school? Today, Dred Scott is being covered up by the law school faculty like Volokh. This is like World War II getting one page of review in Japanese school history books.

[Sam Bankman-Fried]

Looks like I picked the wrong week to stop sniffing glue!

[F.D. Wolf]

Justice Wayne has the distinction of being the last former justice to have no successor as his seat had been abolished by the Judicial Circuits Act of 1866.

Congress had passed the Tenth Circuit Act in 1863 which created a new Tenth Circuit consisting of California and Oregon and added a tenth justice to preside over the new judicial circuit. President Lincoln appointed Stephen Field, a Democrat and the Chief Justice of California to fill the new position.

After the death of Justice John Catron in 1865, Congress passed the Judicial Circuits Act of 1866, which would gradually reduce the size of the Court to seven (the Chief plus six associates). The chief purpose of the Act was to deny President Johnson any appointments. Johnson signed the Act into law on July 23, which effectively nullified his pending nomination of Henry Stanberry to succeed Catron. After the death of Justice Wayne in 1867, the size of the Court stood at eight.

The size of the Court would not drop again, however, as Congress would soon thereafter pass the Judiciary Act of 1869, again fixing the Court's membership at nine, which had the effect of immediately creating a new vacancy for new President Ulysses Grant to fill. Grant would appoint Joseph Bradley to the new position. The size of the Court has remained at nine ever since.

[gVOR08]

What, the size of the Court can change? But everyone’s been telling me mine is sacred and FDR and Joe Biden were evil for suggesting otherwise

[F.D. Wolf]

Is that what "everyone" has been telling you? Sounds like a fun crowd you hang out with.

That something can be done doesn't mean it should be done. The original Supreme Court had six members. As the nation expanded, every time Congress created a new circuit, it would create a new justice to preside over that circuit. That was when justice would "ride circuit", actually presiding over trials in their circuits, but they don't anymore, so that justification no longer exists. So, any further expansion might be deemed unconstitutional as not "necessary and proper to carry into execution" the powers of the government.

[Supremacy Claus]

The number of Justices should be even. That would end those 5-4 decision, and make it more conservative.

[JoeFromtheBronx]

Judge James Wayne played an important role in pushing for a broad ruling in Dred Scott v. Sandford, protecting slavery. He was from Georgia and a slaveowner.

Wayne, however, was a Unionist (only one Southern justice ultimately resigned and joined the Confederacy). His son fought for the Confederacy.*

In 1862, a Georgia court repealed his citizenship, branded him an enemy alien, and seized his property. Justice Wayne joined the 5-4 majority in the Prize Cases regarding the legitimacy of the blockade before congressional authorization.

Wayne has significant judicial and political service before becoming a justice. Justice Wayne was on the bench for over thirty years, one of the longest-serving justices.

The SS James M. Wayne, a cargo ship built during WWII, was named in his honor. It had a short term of service, was held in reserve, and was eventually scrapped about 100 years after his death.

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* Henry Wayne, while in the U.S. army, was involved in the experimental U.S. Camel Corps.

[JonFrum]

Who knew?