Failing Justice: Charles Evans Whittaker on the Supreme CourtIn 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. |
Contents
| 5 | |
| 20 | |
The Lower Courts | 46 |
Arriving the Supreme at Court | 82 |
Finding a Higher Law | 127 |
Failing Justice | 177 |
Speaking Out | 226 |
Afterword | 263 |
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 |
Whittakers Scheduled Classes for Law School | 265 |
Growth of Large Law Firms in Kansas City | 267 |
Changing Names of the Watson Law Firm | 269 |
Case Index | 339 |
Subject Index | 344 |
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Page 297 - For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
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Page 291 - The highest reward that can come to a lawyer is the esteem of his professional brethren. That esteem is won in unique conditions and proceeds from an impartial judgment of professional rivals. It cannot be purchased. It cannot be artificially created. It cannot be gained by artifice or contrivance to attract public attention. It is not measured by pecuniary gains. It is an esteem which...
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Page 68 - US for refusing to sign an affidavit stating whether he was or ever had been a member of the Communist Party. The action was overturned by the Supreme Court in 1958.