Justice Pierce Butler (Democrat)

Pierce Butler, born on March 17, 1866, near Northfield, Minnesota, was an Associate Justice of the U.S. Supreme Court from 1923 until his death in 1939. A Democrat appointed by Republican President Warren G. Harding, Butler was known for his staunch conservative views, particularly his opposition to New Deal legislation and his commitment to judicial restraint. His tenure is often discussed in the context of the “Four Horsemen,” a group of justices known for blocking progressive legislation during the Great Depression. Here, we examine Butler’s life, judicial philosophy, and legacy with SEO optimization to enhance online visibility.

Early Life and Legal Career

Supreme Court Tenure

• Conservatism and Judicial Restraint: Butler was a strict constructionist, believing firmly in the limitations of government power as defined by the Constitution. He opposed what he saw as excessive government interference in business and individual freedoms.
• Opposition to New Deal: He was one of the “Four Horsemen” who frequently voted against the constitutionality of Franklin D. Roosevelt’s New Deal programs, like the Agricultural Adjustment Act and the National Recovery Administration, often citing violations of property rights and freedom of contract.
• Notable Cases:
  • United States v. Schwimmer (1929): Butler wrote the majority opinion denying citizenship to a pacifist on the grounds of her refusal to take up arms for the country.
  • Palko v. Connecticut (1937): He was the lone dissenter, arguing against the state’s right to retry a defendant for the same crime after an acquittal, a stance that would later become part of double jeopardy protections.

Legacy and Influence

• Judicial Impact: Butler’s decisions influenced the conservative judicial thought of his time, emphasizing the protection of property and economic rights over expansive governmental powers.
• Four Horsemen: His role in this group had a significant impact on American law and politics, contributing to the crisis leading to FDR’s court-packing plan, which aimed to shift the Court’s ideological balance.
• Catholic Heritage: As one of the few Catholics on the Court during his era, Butler’s personal faith often intersected with his judicial opinions, particularly in matters involving moral and ethical considerations.

Criticism