Oliver Wendell Holmes, Jr.

Oliver Wendell Holmes the younger, (March 8, 1841 – March 6, 1935) was an American jurist noted for his hard-edged rejection of the prevailing property-rights ideology embraced by other judges of his time. He was called The Great Dissenter.

Supreme Court

On August 11, 1902, President Theodore Roosevelt named Holmes to the United States Supreme Court via recess appointment. He was subsequently confirmed by the Senate on December 4, 1902. On the bench, Holmes was known for his pithy, short, and frequently-quoted opinions.

Related Topics:
August 11 - 1902 - Theodore Roosevelt - United States Supreme Court - Recess appointment - Senate - December 4

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Holmes was often criticized both during his lifetime and after for his philosophical views, which were influenced by Charles Darwin and pragmatism. Holmes rejected moral theory and "natural rights" philosophy and embraced moral relativism. Thus, Holmes mostly rejected the doctrine of "substantive due process" and the idea that the constitution imposes certain substantive values on the political process, though he famously made an exception for government action that made him "puke." This "puke test" became the basis for the "shocks the conscience" test that Holmes' protege Felix Frankfurter promoted and is currently governing law in certain substantive due process cases. Holmes' judicial philosophy played a major role in shaping American Legal Realism, which emphasized the real-world impact of decisions and de-emphasized legal formalism and theory.

Related Topics:
Charles Darwin - Pragmatism - Moral relativism - Felix Frankfurter - Legal Realism

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Holmes was a strong critic of the Supreme Court's "liberty of contract" doctrine, which was frequently invoked to strike down progressive economic legislation, most famously in the 1905 case of Lochner v. New York. Holmes dissent in that case, where he wrote " Constitution is not intended to embody a particular economic theory," is one of the most-quoted in Supreme Court history. Holmes' own views on economics were influenced by Thomas Malthus and pseudo-Darwinian theories that emphasized struggle for a fixed amount of resources.

Related Topics:
1905 - Lochner v. New York - Thomas Malthus

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Holmes infamous decision in Buck v. Bell, 274 U.S. 200 (1927), where he justified compulsory sterilization of the retarded with the words "three generations of imbeciles are enough," is a notable instance of Holmes' Darwinism coming to the fore in his opinions.

Related Topics:
Buck v. Bell - 274 U.S. 200 - 1927 - Compulsory sterilization

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However, Holmes' moral relativism influenced his strong advocacy of First Amendment speech rights on the bench. Holmes famously declared that one could not "shout fire in a crowded theatre" and formulated the "clear and present danger" test to evaluate government speech restrictions in 1919's Schenk v. United States, the first notable First Amendment "freedom of speech" opinion in the Court's history. Holmes believed that there is no absolute truth, and thus "free speech" stood as essential to the free dissemination of ideas.

Related Topics:
First Amendment - Clear and present danger - 1919 - Schenk v. United States

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Holmes also ruled (in Federal Baseball Club v. National League, 259 U.S. 200 (1922)) that professional baseball could not be subject to antitrust law because it was not interstate commerce in any way that could have been envisioned by the Constitution's framers. Holmes' opinion has become the basis for baseball's ongoing (as of 2005) "antitrust exemption."

Related Topics:
Federal Baseball Club v. National League - 259 U.S. 200 - 1922 - Baseball - Antitrust - Interstate commerce - 2005

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Holmes served until January 12, 1932, when his brethren on the court, citing his advanced age (Holmes was, at 90, the oldest serving justice in the Court's history), hesitantly requested that he step down, and he complied. He died in Washington, D.C. in 1935, and was buried in Arlington National Cemetery.

Related Topics:
January 12 - 1932 - Washington, D.C. - 1935 - Arlington National Cemetery

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The 1951 Hollywood motion picture The Magnificent Yankee was based on a play about his life.

Related Topics:
1951 - Hollywood - Motion picture - The Magnificent Yankee - Play

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