Today in Supreme Court History: February 7, 1870

2/7/1870: Hepburn v. Griswold decided.

Comments

[JoeFromtheBronx]

Hepburn v. Griswold held that a law making United States notes legal tender for the payment of debts exceeded the powers of Congress. It was a 4-3 decision with Justice Grier resigning while the matter was being decided. The majority opinion notes:

It is proper to say that Mr. Justice Grier, who was a member of the court when this cause was decided in conference, and when this opinion was directed to be read, stated his judgment to be that the legal tender clause, properly construed, has no application to debts contracted prior to its enactment; but that upon the construction given to the act by the other judges he concurred in the opinion that the clause, so far as it makes United States notes a legal tender for such debts, is not warranted by the Constitution.

(It is questionable if "it was proper" to discuss Grier's views)

The three dissenters wanted to hold the case over until there was a full Court (it would soon be back to nine justices). The Chief Justice refused and wrote the majority opinion.

President Grant's two nominations both supported legal tender. The result was that the ruling was soon overturned by a vote of 5-4 in Knox v. Lee.

It was an embarrassing moment that could have been avoided if the case had been held over, especially since a 4-3 vote was clearly shaky.

[Frank Drackman]

I hope Griswold won, Clark waited so long for that trip to Wally World.