Stanley Forman Reed, born on December 31, 1884, in Minerva, Mason County, Kentucky, was an influential figure in American legal history, serving as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. His career encompassed a wide array of legal and political roles, reflecting both the complexities of his era and his personal evolution from a staunch supporter of New Deal policies to a more conservative judicial figure.
Early Life and Education: Reed was the only child of Dr. John A. Reed and Frances Forman Reed. He attended Kentucky Wesleyan College, from which he graduated in 1902, and then Yale University, where he earned another bachelor’s degree in 1906. Although Reed studied law at prestigious institutions like the University of Virginia and Columbia University, he did not obtain a law degree. Instead, like many lawyers of his time, he read law under a practicing attorney and was admitted to the Kentucky Bar in 1910. This made him one of the last Supreme Court Justices without a formal law degree.
Early Career: Reed established a legal practice in Maysville, Kentucky, where he engaged with Democratic politics, serving in the Kentucky House of Representatives for two terms starting in 1912. His career was briefly interrupted by World War I, where he served in the U.S. Army’s intelligence division. Post-war, Reed returned to his law practice, becoming known for his work representing large corporations like the Chesapeake and Ohio Railway and agricultural interests.
Federal Service: His legal acumen caught the attention of President Herbert Hoover, who in 1929 appointed Reed as counsel for the Federal Farm Board. By 1932, Hoover promoted him to general counsel of the Reconstruction Finance Corporation (RFC), where Reed played a key role in managing financial relief during the Great Depression. When Franklin D. Roosevelt became President in 1933, he retained Reed in this position. Reed’s successful defense of Roosevelt’s gold policy in the Gold Clause Cases (1935) led to his appointment as U.S. Solicitor General in 1935, where he argued significant New Deal cases before the Supreme Court, notably defending the constitutionality of FDR’s economic recovery programs.
Supreme Court Tenure: On January 15, 1938, Reed was nominated to the Supreme Court by Roosevelt following Justice George Sutherland’s retirement. His confirmation by the Senate on January 25, 1938, was notably swift and uncontroversial, reflecting his perceived balance between liberal economic policies and judicial moderation. During his tenure on the Court:
- New Deal and Economic Issues: Reed was generally supportive of New Deal legislation, reflecting his experience as Solicitor General. His opinions often upheld federal power in economic regulation, aligning with the liberal majority of his time.
- Civil Rights and Liberties: Reed’s legacy in civil rights is mixed. He wrote the majority opinion in Smith v. Allwright (1944), striking down the “white primary” system, a significant step in dismantling racial discrimination in voting rights. However, he was cautious about extending civil liberties, particularly in cases involving freedom of speech and religion, where he often sided with government interests or established authority.
- Judicial Philosophy: Known for judicial restraint, Reed was critical of what he saw as judicial overreach in expanding civil liberties through the Fourteenth Amendment. He famously dissented in McCollum v. Board of Education (1948), arguing against the idea of “separation of church and state” as an absolute rule.
- Notable Opinions: Besides Smith v. Allwright, Reed’s opinions include Morgan v. Virginia (1946), which invalidated state laws enforcing segregation on interstate buses, showing his support for civil rights in certain contexts. In Kovacs v. Cooper (1949), he upheld a city’s right to regulate sound trucks, indicating his view on balancing free speech with public order.
Retirement and Later Years: Reed retired from the Supreme Court on February 25, 1957, at the age of 72, citing the need for fresh perspectives due to his age. He was succeeded by Charles Evans Whittaker. Post-retirement, he briefly served as a temporary judge in lower federal courts and was involved in special judicial capacities like boundary disputes. President Eisenhower nominated him for the chairmanship of the U.S. Commission on Civil Rights in 1957, but Reed declined, possibly due to concerns over his perceived conservatism on civil rights.
Legacy: Reed’s judicial career encapsulates a transition period in American jurisprudence where economic liberalism met with conservative social views. His approach was one of pragmatism and balance, often seeking to uphold legislative intent while cautious of expanding judicial doctrines too far. Although not remembered as one of the Court’s intellectual giants, his influence lay in his ability to navigate the Court’s ideological spectrum, providing stability during a time of significant national transformation.
Reed passed away on April 2, 1980, in Huntington, New York, living to be the longest-lived Supreme Court Justice at that time. His judicial contributions reflect a blend of support for progressive economic policies with a conservative approach to social issues, making his tenure a study in judicial moderation and the complexities of applying law to the rapidly changing American society of the mid-20th century.
