
Early Life and Political Career
- Frank Murphy graduated from the University of Michigan Law School in 1914, later serving in World War I. His political career began in earnest when he was elected as Mayor of Detroit in 1930. During his mayoral term, Murphy was recognized for his progressive policies, including support for the unemployed and minorities during the Great Depression. His efforts were lauded in a 1993 survey where scholars ranked him among the top ten mayors in American history.
- After his mayoralty, Murphy’s career took a national turn. He served as Governor-General of the Philippine Islands under President Franklin D. Roosevelt, where he advocated for the rights of tenant farmers and social justice. His appointment as U.S. Attorney General in 1939 was followed by his nomination to the Supreme Court in January 1940, where he was confirmed and sworn in by February of the same year.
Supreme Court Tenure
- On the Supreme Court, Justice Murphy was part of the liberal bloc, often siding with justices like William O. Douglas and Hugo Black. His tenure included significant cases that shaped civil rights law. One of his most noted dissents was in Korematsu v. United States (1944), where he fiercely opposed the internment of Japanese Americans, describing the policy as rooted in racism and contrary to democratic principles.
- Murphy’s approach to law was often described as compassionate, sometimes prioritizing moral and ethical considerations over legal technicalities. His dissent in Korematsu is a prime example of his judicial philosophy, asserting that racial discrimination had “no justifiable part whatever in our democratic way of life.” His opinions frequently highlighted the need for judicial intervention to protect individual liberties, especially during wartime, when he believed civil rights were most at risk.
Notable Contributions
- First Amendment: Murphy was a staunch defender of free speech, contributing significantly to First Amendment jurisprudence. In Chaplinsky v. New Hampshire (1942), he authored the opinion that defined categories of speech not protected under the First Amendment, such as “fighting words.” Despite this, his broader stance was to expand protections for free expression.
- Securities Law: In Securities and Exchange Commission v. W. J. Howey Co. (1946), Murphy helped define what constitutes an “investment contract” under the Securities Act of 1933, impacting securities regulation profoundly.
- Civil Liberties: His establishment of the Civil Liberties Unit within the Department of Justice as Attorney General was foundational in enforcing civil rights and the Bill of Rights, setting a precedent for future protections.
Legacy and Criticism
Justice Murphy’s legacy is complex. Praised for his empathy and advocacy for the marginalized, he was also criticized by some contemporaries like Justice Felix Frankfurter for decisions perceived as emotionally driven rather than legally sound. Despite this, his contributions to civil rights jurisprudence are enduring, influencing legal thought long after his passing. His nickname, “The Saint,” reflects both admiration for his moral stance and critique for what some saw as naivety in legal reasoning.