Failing Justice: Charles Evans Whittaker on the Supreme Court

Front Cover
McFarland, Jul 1, 2005 - History - 359 pages
In the history of the U.S. Supreme Court, Associate Justice Charles Evans Whittaker (1957-1962) merited several distinctions. He was the only Missourian and the first native Kansan appointed to the Court. He was one of only two justices to have served at both the federal district and appeals court levels before ascending to the Supreme Court. And Court historians have routinely rated him a failure as a justice. This book is a reconsideration of Justice Whittaker, with the twin goals of giving him his due and correcting past misrepresentations of the man and his career. Based on primary sources and information from the Whittaker family, it demonstrates that Whittaker's life record is definitely not one of inadequacy or failure, but rather one of illness and difficulty overcome with great determination. Nine appendices document all aspects of Whittaker's career. Copious notes, a selected bibliography, and two indexes complete a work that challenges the historical assessment of this public servant from Missouri.
 

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Contents

Preface
1
1 Leaving the Farm
5
2 Thirty Years at the Bar
20
3 The Lower Courts
46
4 Arriving at the Supreme Court
82
5 Finding a Higher Law
127
6 Failing Justice
177
7 Speaking Out
226
Clients of the Watson Law Firm
270
Opinions Rendered by Charles E Whittaker While Serving on the Lower Federal Courts
272
Justices Who Served with Justice Whittaker
275
Clerks Who Served with Justice Whittaker
276
Opinions Rendered by Justice Whittaker While Serving on the Supreme Court of the United States
278
Whittaker Award Recipients Through 2004
283
Chapter Notes
285
Select Bibliography
329

Afterword
263
Whittakers Scheduled Classes for Law School
265
Growth of Large Law Firms in Kansas City
267
Changing Names of the Watson Law Firm
269

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About the author (2005)

Craig Alan Smith earned his Ph.D. in history and political science from the University of Missouri-Kansas City. He teaches American History and Social Studies Education at Missouri State University.

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