Dred Scott V. Sanford

Conflict Between Presidents And Chief Justices Quite Common Historically

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It is well known that President Barack Obama and Chief Justice John Roberts do not have a warm relationship, with Roberts chosen by George W. Bush, with Obama voting against his confirmation, and with the two men having totally different ideological views. Despite that, and the annoyance of Roberts over Obama’s condemnation of the Supreme Court for the Citizens United case of 2010, Roberts saved “ObamaCare” in June 2012, legitimizing it for the future, and gaining the anger of Republicans and conservatives. Who can say for sure how the relationship between Obama and Roberts will develop in the second term, and whether Roberts will surprise with more support of the administration than just the health care issue?

But the fact of their antagonism is not new in American history, as it is actually quite common that the Chief Justice is picked by a President of one ideological view, and will often clash with a future President of another party during his tenure on the Court.

The examples of such antagonism, far worse than the Obama-Roberts relationship, follow:

Thomas Jefferson and Chief Justice John Marshall (appointed by John Adams), on the Marbury V Madison case of 1803, dealing with Judicial Review. They were also distant cousins, who personally disliked each other.

Andrew Jackson and Chief Justice John Marshall (appointed by John Adams), on the removal of the Cherokee and other Indian Tribes after the Worcester V. Georgia and other similar cases in the 1830s.

Abraham Lincoln and Chief Justice Roger Taney (appointed by Andrew Jackson), over the Dred Scott V Sanford case in 1857, and the President’s use of war powers during the Civil War years until Taney’s death in 1864.

Franklin D. Roosevelt and Chief Justice Charles Evans Hughes (appointed by Herbert Hoover), over Supreme Court decisions during the New Deal years, and specifically FDR’s Court “Packing” Plan in 1937.

Richard Nixon and Chief Justice Earl Warren (appointed by Dwight D. Eisenhower), who Nixon had criticized in earlier years, and were rivals in California politics,and Warren trying to leave office under Lyndon B. Johnson, so Nixon would not replace him, but unable to do so due to controversy over Johnson’s nomination of Associate Justice Abe Fortas in 1968, leading to rejection, and Warren’s replacement, Warren Burger, being chosen by Nixon in 1969.

Bill Clinton and Chief Justice William Rehnquist (appointed by Ronald Reagan), who had major disagreements on policy, but Rehnquist conducted himself well at the Bill Clinton Impeachment Trial in 1999.

So the antagonism and rivalry of Presidents and Chief Justices is nothing new!

Presidential Challenges To The Power Of The Supreme Court: From Jefferson To Obama

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As the author reflected on yesterday, the 150th Anniversary of Abraham Lincoln’s inauguration as President of the United States and his taking the oath of office from Chief Justice Roger Taney, he thought of the tremendous rivalry which existed between the Taney Court and Lincoln regarding the Dred Scott Case of 1857, which asserted that a slave was property and could be taken anywhere in the nation by his or her slave owner.

And the recognition of rivalry and opposition by many Presidents to the Supreme Court during their terms of office came to mind.

Thomas Jefferson was a great rival of his cousin, Chief Justice John Marshall, and bitterly opposed the Court’s decision in Marbury V. Madison, which established the concept of judicial review. Jefferson also tried very diligently to remove Associate Justice Samuel Chase by impeachment from the Supreme Court, which ultimately failed in 1805.

Abraham Lincoln bitterly disagreed with the Dred Scott V. Sanford case of 1857, and was a constant rival of Chief Justice Taney during the years of the Civil War, as Taney and his Court made efforts to weaken Lincoln’s war powers until his death in 1864, an event applauded by many members of Lincoln’s Republican Party.

Theodore Roosevelt often spoke of the need to transform the Supreme Court, and specifically called for a constitutional amendment to limit the tenure of Supreme Court Justices while campaigning on the Progressive Party line in 1912, and was critical of Supreme Court decisions that he thought were bad for the nation.

Franklin D. Roosevelt was highly critical of Supreme Court decisions that limited the New Deal programs, and advocated a “reorganization” of the Court in 1937, which would permit the appointment of six new Justices, one for each Justice over the age of 70, a plan called an attempt to “pack the Court” by its critics who defeated it.

And now, Barack Obama has been highly critical of the Supreme Court in the Citizens United Case, which certainly both Roosevelts would have joined him in opposing the unlimited power of corporations to contribute to political campaigns, an idea which became law in the Progressive Era, and now has been upended after nearly a hundred years by the John Roberts Court!

So challenges to the power of the Supreme Court have occurred under many Presidents, and most specifically, under those in the past considered to be among our greatest Presidents–Jefferson, Lincoln, TR, and FDR. Barack Obama is joining great company indeed!