Series 2: Supreme Court (SC), 1907-1938

Series 2, Supreme Court material, consists of Justice Brandeis' incoming correspondence during his tenure on the Supreme Court and holds no legal briefs or opinions. This material follows the correspondence generated by Mr. Brandeis' Senate confirmation hearings that concluded our first series: Nutter, McClennen & Fish (NMF). Having dispensed with secretarial help upon his appointment to the court and working with only a law clerk, the correspondence (incoming only) was initialed and dated by Brandeis, usually with a notation as to its disposition.

This series, chronologically arranged, begins with clipping scrapbooks dealing with Brandeis' interests and activities on the national scene from 1907 to his appointment in 1916. Usually correspondents commented on cases before the court, as well as controversies such as President Franklin Roosevelt's attempt to retire all judges over 70 years of age. Some folders contain material on a specific topic, such as "Wire Tapping" or the "New Ice Case."

Reel 46 Supreme Court 1907-1915

The final one-third of this reel begins Series 2, Supreme Court (SC), and includes a clipping scrapbook devoted to Brandeis' activities on the national scene from 1907 to 1915, as well as correspondence with Robert M. LaFollette, Sr. from 1910-1913. (Boxes SC 1-1/3c)

Reel 47 Supreme Court 1912, 1916-1917

Brandeis' activities on the national scene, when he was known as "The People's Attorney," are documented here by clipping scrapbooks continued from the previous reel. There are also clippings concerning his Supreme Court nomination and confirmation. The remainder of reel 47 consists of general correspondence from 1916 and 1917; congratulatory in nature at first and then more general, with requests for information, speech invitations, and comments of national problems. Correspondents include Herbert Croly, Charles F. Amidon, Herbert White and Norman H. White, Felix Frankfurter, Harold Laski, Norman Hapgood and Herbert Hoover. (Boxes SC 1-3d, 2, 3-1/2b)

Reel 48 Supreme Court 1917-1923

Reel 48 contains general correspondence for the years 1917-1923 received by Brandeis while he was an associate justice of the U.S. Supreme Court. Much of this correspondence is routine in nature; cover letters, invitations, solicitations, and requests for information, with frequent discussion of problems at Harvard University and letters from editors Herbert Croly of The New Republic, Paul Kellogg of The Survey, and Norman Hapgood about their publications. Correspondents of note include Carl Vrooman, Bernard A. Rosenblatt, Henry Bruere, Dean Acheson, Thomas Watt Gregory, Roscoe Pound, Clinton Rogers Woodruff, George W. Anderson, Felix Frankfurter and Norman White. (SC 3-2c/3e, 4, 5, 6-1/2a)

Reel 49 Supreme Court 1923-1932

Reel 49 contains general correspondence and includes items from Hayes Robbins on railroad management, from Roscoe Pound concerning a research fellowship at Harvard Law School that Brandeis helped make possible, from Robert W. Bingham of the Louisville Courier-Journal on telephone company mergers, and drafts of letters from Brandeis to his nephew Frederick Wehle, his brother Alfred Brandeis, and his nieces Stella and Emily Dembitz concerning his support for the University of Louisville library. Also on this reel are news clippings on wiretapping and on President Herbert Hoover's Supreme Court appointments in 1930. Correspondents include Upton Sinclair, Felix Frankfurter, Philip F. and Robert M. LaFollette, Jr., Harold Laski, William G. McAdoo, Norman Hapgood, Oliver Wendell Holmes, Jr., Joseph B. Eastman, and Ray Stannard Baker. (Boxes SC 6-2b/3, 7, 8, 9, 10)

Reel 50 Supreme Court 1932-1934

Reel 50 contains general correspondence for the years 1932 to 1934, including requests for information, letters of introduction, material from potential political candidates, letters from law school faculty across the country seeking advice on curriculum development, and from Alfred Lief and Alpheus T. Mason on proposed biographies of Justice Brandeis. There is also correspondence with Gilbert Montague concerning his proposals for revisions in the anti-trust laws, and in-coming letters discussing Brandeis' dissenting opinions in New State Ice Company of Oklahoma City v. Liebman (1932) and in the Florida chain store tax law case, Liggett v. J. M. Lee (1933). Correspondents include Bernard Flexner, Seba Eldridge, Harlan Fiske Stone, Felix Frankfurter, William H. Ingersoll, Julian W. Mack, Benjamin Cardozo, Harold Laski, Paul Kellogg, Richard Neuberger, and William G. McAdoo. (Boxes SC 11, 12, 13, 14-1a)

Reel 51 Supreme Court 1934-1936

General correspondence for 1934 continues on reel 51 and continues for the years 1935 and 1936. Included are letters of introduction, invitations and solicitations, as well as items on Cape Cod development and discussion of the republication of Brandeis' book, Other People's Money. One entire folder is devoted to the "Gold Clause" cases pending before the Supreme Court in January of 1935. Correspondents of note include Albert Einstein, Julian W. Mack, Richard L. Neuberger, Emanuel Celler, Harlan F. Stone, Benjamin N. Cardozo, George W. Anderson, Jacob Billikopf, Raymond A. Kent of the University of Louisville, Felix Frankfurter, Philip F. LaFollette, Amos Pinchot and Paul H. Douglas. (Boxes SC 14-1b/2,15,16-1/2a)

Reel 52 Supreme Court 1936-1937

Reel 52 concludes the general correspondence for 1936. Separate folders include correspondence with E. G. Poindexter, Brandeis' Supreme Court messenger, and letters from the general public commenting on the Justice's judicial opinions during 1936, including his minority opinion in Butler v. United States, which invalidated the Agricultural Adjustment Acts. News clippings are often enclosed. The reel ends with general correspondence for 1937. Correspondents include Julian W. Mack, William H. Ingersoll, Learned Hand, Edward A. Filene, Robert Szold, William Allen White, George W. Anderson, Louis B. Wehle, David E. Lilienthal, and Richard L. Neuberger. (Boxes SC 16-2b/2e, 17, 18, 19-1a/1c)

Reel 53 Supreme Court 1937-1938

General correspondence for 1937, February-December, continues on reel 53. There are many information requests and solicitations, as well as numerous letters commenting on the Supreme Court and the role of Justice Brandeis, provoked by President Franklin Roosevelt's proposed reorganization of the federal judiciary. In conjunction with reorganization, several files deal with Justice Willis Van Deventer's retirement and the ensuing appointment of Hugo L. Black. The reel ends with general correspondence, January-May, 1938. Correspondents include Charles M. Cox, Roger Sherman Hoar, Louis B. Wehle, William O. Douglas, Judah L. Magnes, Clifton Fadiman, and Julian W. Mack. (Boxes SC 19-1d/2, 20, 22-1a/1f)

There is no box SC 21.

Reel 54 Supreme Court 1938

Series 2, Supreme Court (SC) concludes on this reel with general correspondence, June-December, 1938. Correspondents of note include Fola LaFollette, Julian W. Mack, Jack Gilbert, Louis B. Wehle, Felix Frankfurter, and Morris L. Cooke. (Box SC 22-1g/2)