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The Book of the Week is “Yankee From Olympus, Justice Holmes and His Family” by Catherine Drinker Bowden, published in 1944. The bulk of this volume recounted the lives of the members of Supreme-Court-Justice Oliver Wendell Holmes’ family, beginning with his grandfather.
Born in March 1841 in the Boston area, Holmes was born to the white male privilege typical of his generation. His father was a prominent medical doctor. The Protestant Work Ethic dominated the aristocracy. Due to the potato famine in their homeland, Irish families were arriving on America’s shores in droves. “Boston had developed a caste system toward them almost like the Southern feeling for the Negro.” The South End neighborhood’s Irish boys threw hard snowballs or mud at boys such as Holmes, who attended private school.
Holmes acquired life-experience in psychological and physical trauma as an officer in the American Civil War. After his military discharge, he simply went over to Harvard Law School to sign up, paid the $100 a-year tuition, and in autumn 1864, began attending lectures. There was a total of three professors at the school. He didn’t need to take any tests, or do any assignments. Yes, times have changed.
Holmes practiced debating fellow students, though, and was told to read various texts written by law students or attorneys, that expounded on contracts, jurisprudence, or jurisdiction. At that time, academic culture consisted of males who were (presumably passionate about the law) mostly self-starters, sufficiently mature and disciplined to undertake independent study. Working at a law firm after graduating, Holmes became somewhat famous for writing articles for the Harvard Law Review.
Through the 1870’s, Holmes hated the drudgery of practicing law, and basically wanted to be a one-man legal think-tank. At the dawn of the 1880’s, he presented a Harvard lecture series to lawyers and their ilk, but his new theory was heretical for his generation. He suggested that public opinion should play a role in how the law was shaped. In 1882, as a Harvard law professor, he used the Socratic method along with the newly instituted case-analysis curriculum.
In 1904, a case reached the U.S. Supreme Court that tested the Sherman (antitrust) Act. If the monster-sized Northern Securities Company of merged railroads was going to restrain trade, then it should be dissolved. President Theodore Roosevelt believed in free-market competition and therefore became known as a monopoly-buster. But he was a political hack, and aroused public opinion whichever way was expedient for himself. Holmes (by then a Supreme Court justice) believed the law should be crafted pursuant to the economic tenor of the times, without regard to conscience, morality, politics, self-dealing or art.
Holmes was a quick study. He had already formed his opinion about each case before arguments of both sides were even finished. The other justices took months to give the impression that they had spent a long time thinking about a case, so as to come to the correct decision. That’s still the situation today.
The reason some justices make everyone wait, is that they use the delay as a form of control. Or, they are putting on a show of discussing weighty issues because they have big egos– they think they’re saving the world with their decisions, though some issues are not a matter of life and death, and affect only a tiny percentage of ordinary Americans. Anyway, Holmes’ fellow justices complained that his writings were too brief, so his meanings might be misconstrued.
As is well known, in early 1932, the United State was suffering extreme economic hardships from the Great Depression, at which time Holmes humbly realized he was no longer mentally competent to do the job of Supreme Court justice. The nation shuddered at the scary prospect that President Herbert Hoover got to choose the next justice. Ordinary Americans were crying out for more regulation. The Court already had a solid conservative majority, and adding another conservative would worsen most Americans’ situations by (excuse the cliche) making the rich, richer and the poor, poorer.
Read the book to learn much, much more about the lives of the Holmes family members.