Woodrow Wilson and Justice McReynolds
The most common story of McReynolds’ appointment goes like this. He was a jerk as Attorney General, so when a Supreme Court vacancy opened up Woodrow Wilson took that opportunity to get rid of him. This does not strike me as a plausible explanation. Even if you took Supreme Court appointments lightly, which I don’t think Wilson did, I doubt that you would hand this plum to someone you could not stand. What are the other possibilities?
1. McReynolds, as I mentioned in a prior post, had a fine reputation as a trust buster in 1914. This may have convinced Wilson that he was a progressive (or progressive enough). I’m less clear on whether McReynolds was a good Attorney General–I still need to work through that.
2. The vacancy to which McReynolds was appointed was a southern seat (Horace Lurton, a Kentuckian, died). As a result, the fact that McReynolds was from Tennessee gave him a leg up.
3. Wilson’s wife died a few weeks before McReynolds was nominated. Some suggest that (in his grief) Wilson simply was not thinking clearly about the nomination or any public matter at that time.
Anyway, I’m curious to see what the press had to say about the McReynolds nomination.