John Marshall Harlan II
Associate Justice of the United States Supreme Court
In office March 28, 1955 – September 23, 1971
Nominated by	Dwight D. Eisenhower
Preceded by	Robert H. Jackson
Succeeded by	William Rehnquist
Born	May 20, 1899(1899-05-20) Chicago, Illinois
Died	December 29, 1971 (aged 72) Washington, D.C.
Religion	Episcopal

John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an American jurist. He served as an Associate Justice of the Supreme Court from 1955 to 1971. He was the grandson of another Associate Justice, John Marshall Harlan, who served from 1877 to 1911. Image File history File links No higher resolution available. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... is the 87th day of the year (88th in leap years) in the Gregorian calendar. ... Year 1955 (MCMLV) was a common year starting on Saturday (link displays the 1955 Gregorian calendar). ... is the 266th day of the year (267th in leap years) in the Gregorian calendar. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... Dwight David Eisenhower (October 14, 1890 – March 28, 1969) was an American General and politician, who served as the thirty-fourth President of the United States (1953–1961). ... Robert Houghwout Jackson (February 13, 1892–October 9, 1954) was United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... is the 140th day of the year (141st in leap years) in the Gregorian calendar. ... Year 1899 (MDCCCXCIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday [1] of the 12-day-slower Julian calendar). ... Flag Seal Nickname: The Windy City Motto: Urbs In Horto (Latin: City in a Garden), I Will Location Location in Chicagoland and northern Illinois Coordinates , Government Country State Counties United States Illinois Cook, DuPage Mayor Richard M. Daley (D) Geographical characteristics Area     City 606. ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Metropolitan Area Area  Ranked 25th  - Total 57,918 sq mi (149,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... For other uses, see Washington, D.C. (disambiguation). ... The word episcopal is derived from the Greek επίσκοπος, transliterated epískopos, which literally means overseer; the word, however, is used in religious contexts to refer to a bishop. ... is the 140th day of the year (141st in leap years) in the Gregorian calendar. ... Year 1899 (MDCCCXCIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday [1] of the 12-day-slower Julian calendar). ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... The Justices of the United States Supreme Court, other than the Chief Justice, are termed Associate Justices. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Year 1955 (MCMLV) was a common year starting on Saturday (link displays the 1955 Gregorian calendar). ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... This is about the pre-World-War-I US Supreme Court justice; for his grandson, the mid-20th-century holder of the same position, see John Marshall Harlan II. John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American Supreme Court associate justice. ... 1877 (MDCCCLXXVII) was a common year starting on Monday (see link for calendar). ... Year 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 13-day-slower Julian calendar). ...

Harlan is often characterized as a member of the conservative wing of the Warren Court. He advocated a limited role for the judiciary, remarking that the Supreme Court should not be considered "a general haven for reform movements." In general, Harlan adhered more closely to precedent, and was more reluctant to overturn legislation, than many of his colleagues on the Court. He strongly disagreed with the doctrine of incorporation, which held that the guarantees of the federal Bill of Rights were applicable at the state level. At the same time, he advocated a broad interpretation of the Fourteenth Amendment's Due Process Clause, arguing that it protected a wide range of rights not expressly mentioned in the Constitution. Harlan is sometimes called the "great dissenter" of the Warren Court, and is often regarded as one of the most influential Supreme Court justices in the twentieth century. For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... United States Bill of Rights The Bill of Rights is the name given to the first ten amendments to the United States Constitution. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...

Early life

John Marshall Harlan II was born on May 20, 1899 in Chicago, Illinois. He was the son of John Maynard Harlan (a Chicago lawyer and politician) and Elizabeth Flagg. Harlan's family had, historically, been a politically active one. His forebear, George Harlan, served as Governor of Delaware during the seventeenth century; his great-grandfather, James Harlan, was a congressman during the 1830s; and his grandfather, John Marshall Harlan, was a Justice of the United States Supreme Court. is the 140th day of the year (141st in leap years) in the Gregorian calendar. ... Year 1899 (MDCCCXCIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday [1] of the 12-day-slower Julian calendar). ... Nickname: Motto: Urbs in Horto (Latin: City in a Garden), I Will Location in the Chicago metro area and Illinois Coordinates: , Country State Counties Cook, DuPage Settled 1770s Incorporated March 4, 1837 Government  - Mayor Richard M. Daley (D) Area  - City  234. ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Metropolitan Area Area  Ranked 25th  - Total 57,918 sq mi (149,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... List of Delaware Governors Governors of New Sweden, 1639-1655 Peter Minuit 1639-1640 Peter Hollandaer Ridder 1640-1643 Johan Björnsson Printz 1643-1653 Johan Papegoya 1653-1654 Johan Classon Rising 1654-1655 Part of New Netherland, 1655-1664 Part of New York, 1664-1682 Part of Pennsylvania, 1682... There have been multiple notable individuals of the name James Harlan. ... // Electromagnetic induction discovered by Michael Faraday Evolutionary theorist Charles Darwins expedition on the HMS Beagle. ... This is about the pre-World-War-I US Supreme Court justice; for his grandson, the mid-20th-century holder of the same position, see John Marshall Harlan II. John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American Supreme Court associate justice. ...

In his younger years, Harlan attended The Latin School of Chicago. Harlan later attended two boarding high schools in Canada, Upper Canada College in Toronto, and Appleby College also near Toronto. Upon graduation from Appleby, Harlan returned to the U.S. and enrolled at Princeton University. There, he was a member of the Ivy Club, served as an editor of The Daily Princetonian, and was class president during his junior and senior years. After graduating from the university in 1920, he received a Rhodes Scholarship, which he used to attend Balliol College, Oxford.^[1] He studied jurisprudence at Oxford for three years, returning from England in 1923. Upon his return to the United States, he began work with the law firm of Root, Clark, Buckner & Howland (now known as Dewey Ballantine), one of the leading law firms in the country, while studying law at New York Law School. He received his law degree in 1924 and earned admission to the bar in 1925. In 1928, he married Ethel Andrews, with whom he had one daughter, Eva Dillingham.^[2] The Latin School of Chicago is a private elementary, middle and high school in the Gold Coast neighborhood in Chicago. ... Upper Canada College (UCC) is a private elementary and secondary school for boys in downtown Toronto, Canada. ... Appleby College is an international private school (grades 7-12) located in Oakville, Ontario, Canada, founded in 1911 by John Guest, a former Headmaster of the Preparatory School at Upper Canada College. ... Princeton University is a private coeducational research university located in Princeton, New Jersey. ... The Ivy Club, founded in 1879, was the first eating club at Princeton University. ... The Daily Princetonian is the daily student newspaper of Princeton University. ... 1920 (MCMXX) was a leap year starting on Thursday. ... Rhodes House in Oxford, designed by Sir Herbert Baker. ... and of the Balliol College College name Balliol College Named after John de Balliol Established 1263 Sister college St Johns College, Cambridge Master Andrew Graham JCR President Helen Lochead Undergraduates 403 MCR President Chelsea Payne Graduates 228 Location of Balliol College within central Oxford , Homepage Boatclub Balliol College (pronounced... Year 1923 (MCMXXIII) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar. ... Dewey Ballantine LLP is a white shoe corporate law firm headquartered in New York City. ... New York Law School is a private law school in Lower Manhattan in New York City. ... Year 1924 (MCMXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Gregorian calendar. ... Year 1925 (MCMXXV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar. ... Year 1928 (MCMXXVIII) was a leap year starting on Sunday (link will display full calendar) of the Gregorian calendar. ...

Between 1925 and 1927, Harlan served as Assistant U.S. Attorney for the Southern District of New York, heading the district's Prohibition unit. In 1928, he was appointed Special Assistant Attorney General of New York, in which capacity he investigated a scandal involving sewer construction in Queens. He prosecuted Maurice E. Connolly, the Queens borough president, for his involvement in the affair. In 1930, Harlan returned to his old law firm, reaching the rank of partner one year later. Year 1925 (MCMXXV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar. ... Year 1927 (MCMXXVII) was a common year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... The United States District Court for the Southern District of New York (SDNY) is the Federal district court whose jurisdiction is comprised of the following counties: New York, Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. ... The term Prohibition, also known as A Dry Law, refers to a law in a certain country by which the manufacture, transportation, import, export, and sale of alcoholic beverages is restricted or illegal. ... Year 1928 (MCMXXVIII) was a leap year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... “NY” redirects here. ... For other uses, see Queens (disambiguation) and Queen. ... Maurice E. Connolly (1881-1935) of Corona, Queens was the Borough president of Queens, New York from 1911 to 1928. ... Borough President is an elective office in New York City. ... Year 1930 (MCMXXX) was a common year starting on Wednesday (link will display 1930 calendar) of the Gregorian calendar. ...

In 1937, Harlan was one of five founders of the controversial Pioneer Fund, a group associated with eugenics advocacy. In private practice, he handled a variety of notable cases. In 1940, for example, he represented the New York Board of Higher Education in its unsuccessful effort to retain Bertrand Russell on the faculty of the City College of New York; Russell was declared "morally unfit" to teach.^[1] The Pioneer Fund is a foundation that claims to have played a significant role in research on heredity and human personality differences since its 1937 founding, particularly in intelligence. ... Eugenics is the self-direction of human evolution: Logo from the Second International Congress of Eugenics, 1921, depicting it as a tree which unites a variety of different fields. ... Year 1940 (MCMXL) was a leap year starting on Monday (link will display the full 1940 calendar) of the Gregorian calendar. ... Bertrand Arthur William Russell, 3rd Earl Russell, OM, FRS, (18 May 1872 – 2 February 1970), was a British philosopher, logician, mathematician, advocate for social reform, and pacifist. ... The City College of The City University of New York (known more commonly as City College of New York or simply City College, CCNY, or colloquially as City) is a senior college of the City University of New York, in New York City. ...

During World War II, Harlan volunteered for military duty, serving as a colonel in the United States Army Air Force from 1943 to 1945. He was the chief of the Operational Analysis Section of the Eighth Air Force in England. He won the Legion of Merit from the United States, and the croix de guerre from both France and Belgium. In 1946, soon after the end of the war, Harlan returned to private law practice. In 1951, however, he returned to public service, serving as Chief Counsel to the New York State Crime Commission.^[1] Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... “The U.S. Air Force” redirects here. ... Year 1943 (MCMXLIII) was a common year starting on Friday (the link will display full 1943 calendar) of the Gregorian calendar. ... Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... Operations research, operational research, or simply OR, is the use of mathematical models, statistics and algorithms to aid in decision-making. ... The Legion of Merit is a military decoration of the United States armed forces that is awarded for exceptionally meritorious conduct in the performance of outstanding services and achievements. ... The Croix de guerre is a military decoration of both Belgium and France which was first created in 1915. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... Year 1951 (MCMLI) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar. ...

Supreme Court career

On January 13, 1954, President Dwight D. Eisenhower nominated Harlan to the United States Court of Appeals for the Second Circuit, to fill a vacancy created by the death of Judge Augustus Noble Hand. He was confirmed by the Senate on February 9, and took office on February 10.^[3] Harlan knew this court well, as he had often appeared before it. However, his stay on the court only lasted for about one year. On January 10, 1955, President Eisenhower nominated Harlan to the Supreme Court following the death of Justice Robert H. Jackson. January 13 is the 13th day of the year in the Gregorian calendar. ... Year 1954 (MCMLIV) was a common year (link will display full calendar) of the Gregorian calendar. ... Dwight David Eisenhower (October 14, 1890 – March 28, 1969) was an American General and politician, who served as the thirty-fourth President of the United States (1953–1961). ... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U... Augustus Noble Hand (July 26, 1869–October 28, 1954) was an American judge who served on the United States District Court for the Southern District of New York and later on the United States Court of Appeals for the Second Circuit. ... is the 40th day of the year in the Gregorian calendar. ... is the 41st day of the year in the Gregorian calendar. ... is the 10th day of the year in the Gregorian calendar. ... Year 1955 (MCMLV) was a common year starting on Saturday (link displays the 1955 Gregorian calendar). ... Robert Houghwout Jackson (February 13, 1892–October 9, 1954) was United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). ...

Harlan was nominated to the Supreme Court in 1955.

Harlan's nomination came shortly after the Supreme Court handed down its landmark decision in Brown v. Board of Education (1954), declaring segregation in public schools unconstitutional. Several Southern senators who wanted to delay the implementation of this ruling attempted to block Harlan's confirmation. Unlike almost all previous Supreme Court nominees, Harlan appeared before the Senate Judiciary Committee to answer questions relating to his judicial views. (This appearance set a new precedent; since Harlan, every Supreme Court nominee has been questioned by the Judiciary Committee.^[4]) The Senate finally confirmed him on March 16, 1955 by a vote of 71-11. Of the eleven senators that voted against his appointment, nine were from the South. He was replaced on the Second Circuit by Joseph Edward Lumbard. Image File history File links U.S. Supreme Court photograph of John Marshall Harlan II File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links U.S. Supreme Court photograph of John Marshall Harlan II File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Holding Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. ... Year 1954 (MCMLIV) was a common year (link will display full calendar) of the Gregorian calendar. ... March 16 is the 75th day of the year (76th in leap years) in the Gregorian calendar. ... Year 1955 (MCMLV) was a common year starting on Saturday (link displays the 1955 Gregorian calendar). ... Joseph Edward Lumbard (August 18, 1901 - June 3, 1999) was a longtime federal appellate judge in the United States. ...

On the Supreme Court, Harlan often voted alongside Justice Felix Frankfurter. Moreover, he was an ally and close friend of Justice Potter Stewart, who joined the Court in 1958. He was an ideological adversary—but close personal friend—of Justice Hugo Black, with whom he disagreed on a variety of issues, including the applicability of the Bill of Rights to the states, the Due Process Clause, and the Equal Protection Clause. (For more details, see Jurisprudence below.) Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Year 1958 (MCMLVIII) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ...

Jurisprudence

Harlan's jurisprudence is often characterized as conservative. He held precedent to be of great importance, adhering to the principle of stare decisis more closely than many of his Supreme Court colleagues. Unlike his contemporary Hugo Black, he eschewed strict textualism. While he believed that the original intention of the Framers should play an important part in constitutional adjudication, he also held that broad phrases like "liberty" in the Due Process Clause could be given an evolving interpretation. Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ... Textualism is a formalist theory of statutory interpretation which holds that a statutes ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of...

Harlan believed that most problems should be solved by the political process, and that the judiciary should play only a limited role. In his dissent to Reynolds v. Sims (1964), he wrote: Reynolds v. ... Also Nintendo emulator: 1964 (emulator). ...

These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in a nutshell, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.^[5]

Due Process Clause

Justice Harlan advocated a broad interpretation of the Fourteenth Amendment's Due Process Clause. He subscribed to the doctrine that the clause not only provided procedural guarantees, but also protected a wide range of fundamental rights, including those that were not specifically mentioned in the text of the Constitution. (See substantive due process.) However, as Justice Byron White noted in his dissenting opinion in Moore v. East Cleveland, "no one was more sensitive than Mr. Justice Harlan to any suggestion that his approach to the Due Process Clause would lead to judges 'roaming at large in the constitutional field.'" Under Harlan's approach, judges would be limited in the Due Process area by "respect for the teachings of history, solid recognition of the basic values that underlie our society, and wise appreciation of the great roles that the doctrines of federalism and separation of powers have played in establishing and preserving American freedoms." (Griswold v. Connecticut (Harlan, J., concurring in the judgment), 81 U.S. 479, 501-502) Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Byron Raymond White (June 8, 1916 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ...

Harlan set forth his interpretation in an oft-cited dissenting opinion to Poe v. Ullman (1961), which involved a challenge to a Connecticut law banning the use of contraceptives. The Supreme Court dismissed the case on technical grounds, holding that the case was not ripe for adjudication. Justice Harlan dissented from the dismissal, suggesting that the Court should have considered the merits of the case. Thereafter, he indicated his support for a broad view of the due process clause's reference to "liberty." He wrote, "This 'liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints."^[6] He suggested that the due process clause encompassed a right to privacy, and concluded that a prohibition on contraception violated this right. Holding Connecticut law barring possession of birth control not ripe for constitutional challenge because of lack of enforcement. ... Year 1961 (MCMLXI) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Official language(s) English Capital Hartford Largest city Bridgeport Largest metro area Hartford Area  Ranked 48th  - Total 5,543[2] sq mi (14,356 km²)  - Width 70 miles (113 km)  - Length 110 miles (177 km)  - % water 12. ... In law, ripeness refers to the readiness of a case for litigation; for example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. ...

The same law was challenged again in Griswold v. Connecticut (1965). This time, the Supreme Court agreed to consider the case, and concluded that the law violated the Constitution. However, the decision was based not on the due process clause, but on the argument that a right to privacy was found in the "penumbras" of other provisions of the Bill of Rights. Justice Harlan concurred in the result, but criticized the Court for relying on the Bill of Rights in reaching its decision. "The Due Process Clause of the Fourteenth Amendment stands," he wrote, "on its own bottom."^[7] The Supreme Court would later adopt Harlan's approach, relying on the due process clause rather than the penumbras of the Bill of Rights in right to privacy cases such as Roe v. Wade (1972) and Lawrence v. Texas (2003). Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ... Year 1965 (MCMLXV) was a common year starting on Friday (link will display full calendar) of the 1965 Gregorian calendar. ... It has been suggested that this article or section be merged into Umbra. ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... Year 1972 (MCMLXXII) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... It has been suggested that Matthew Limon be merged into this article or section. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

Harlan's interpretation of the Due Process Clause attracted the criticism of Justice Black. Black rejected the idea that the Due Process Clause included a "substantive" component; he considered this interpretation unjustifiably broad and historically unsound. The Supreme Court has sided with Harlan, and has continued to apply the doctrine of substantive due process in a wide variety of cases.

Incorporation

Justice Harlan was strongly opposed to the theory that the Fourteenth Amendment "incorporated" the Bill of Rights—that is, made the provisions of the Bill of Rights applicable to the states. When it was originally ratified, the Bill of Rights was binding only upon the federal government, as the Supreme Court ruled in Barron v. Baltimore (1833). Some jurists argued that the Fourteenth Amendment made the entirety of the Bill of Rights binding upon the states as well. Harlan, however, rejected this doctrine, which he called "historically unfounded" in his Griswold concurrence. Barron v. ... Year 1833 (MDCCCXXXIII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ...

Instead, Justice Harlan believed that the Fourteenth Amendment's due process clause only protected "fundamental" rights. (See Due Process Clause above.) Thus, if a guarantee of the Bill of Rights was "fundamental" or "implicit in the concept of ordered liberty," Harlan agreed that it applied to the states as well as the federal government. Thus, for example, Harlan believed that the First Amendment's free speech clause applied to the states, but that the Fifth Amendment's self incrimination clause did not. “First Amendment” redirects here. ... This article does not cite any references or sources. ...

Harlan's approach was largely similar to that of Justices Benjamin Cardozo and Felix Frankfurter. It drew criticism from Justice Black, a proponent of the total incorporation theory. Black claimed that the process of identifying some rights as more "fundamental" than others was largely arbitrary, and depended on each Justice's personal opinions. Justice Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) was a distinguished American jurist who is remembered not only for his landmark decisions on negligence but also his modesty and philosophy. ... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ...

The Supreme Court has sided with Harlan, holding that only "fundamental" Bill of Rights guarantees were applicable against the states. However, under Chief Justice Earl Warren during the 1960s, an increasing number of rights were deemed sufficiently fundamental for incorporation. (Harlan regularly dissented from these rulings.) Hence, almost all of provisions of the Bill of Rights have been extended to the states; the only exceptions are the Second Amendment, the Third Amendment, the grand jury clause of the Fifth Amendment, the Seventh Amendment, the excessive bail provision of the Eighth Amendment, the Ninth Amendment, and the Tenth Amendment. Thus, although the Supreme Court has agreed with Harlan's general reasoning, the end result of its jurisprudence is very different from what Harlan advocated. The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... The Bill of Rights in the National Archives. ... “Seventh Amendment” redirects here. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... For Ireland, see Tenth Amendment of the Constitution of Ireland. ...

First Amendment

Justice Harlan concurred in many of the Warren Court's landmark decisions relating to the separation of church and state. For instance, he voted in favor of the Court's ruling that the states could not use religious tests as qualifications for public office in Torcaso v. Watkins, 367 U.S. 488 (1961). He joined Engel v. Vitale (1962), which declared that it was unconstitutional for states to require the recitation of official prayers in public schools. In Epperson v. Arkansas (1968), similarly, he voted to strike down an Arkansas law banning the teaching of evolution. Holding Government cannot require a religious test for public office. ... Year 1961 (MCMLXI) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Holding Government-directed, denominationally neutral and non-mandatory prayer in public schools violates the Establishment Clause of the First Amendment. ... Year 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar) of the Gregorian calendar. ... Holding States may not require curricula to align with the views of any particular religion. ... Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the Gregorian calendar. ... This article is about evolution in biology. ...

In many cases, Harlan took a fairly broad view of First Amendment rights such as the freedom of speech and of the press, but felt that the guarantees of the First Amendment applied more stringently to the federal government than the states because of the federalism principle he believed implicit in the Constitution. He concurred in New York Times Co. v. Sullivan (1964), which required public officials suing newspapers for libel to prove that the publisher had acted with "actual malice." This stringent standard made it much more difficult for public officials to win libel cases. (However, Harlan did not go as far as Justices Hugo Black and William O. Douglas, who suggested that all libel laws were unconstitutional.) In Street v. New York (1969), Harlan delivered the opinion of the court, ruling that the government could not punish an individual for insulting the American flag. Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ... Also Nintendo emulator: 1964 (emulator). ... “Libel” redirects here. ... Actual malice in US law is defined as knowledge that the information was false or that it was published with reckless disregard of whether it was false or not. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... Also: 1969 (Stargate SG-1) episode. ...

Harlan also penned the majority opinion in Cohen v. California (1971), holding that wearing a jacket emblazoned with the words "Fuck the Draft" was speech protected by the First Amendment. In the Cohen opinion, Harlan famously wrote "one man's vulgarity is another's lyric," a quote that was later denounced by Robert Bork as "moral relativism"^[8] Holding The First Amendment, as applied through the Fourteenth, prohibits states from making the public display of a single four-letter expletive a criminal offense, without a more specific and compelling reason than a general tendency to disturb the peace. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... A jacket is a lightweight, sleeved thigh- or waist-length coat that may be worn by anyone, as jackets are now made for children, adults, the elderly, and even infants. ... The United States has employed conscription (mandatory military service, also called the draft) several times, usually during war but also during the nominal peace of the Cold War. ... The term vulgar originally meant of the common people, from the Latin vulgus. ... omg holy crap| cellpadding=4 cellspacing=0 style=width:270px; margin: 0 0 1em 1em; background:#FFFFFF; border: 0px #aaaaaa solid; border-collapse: collapse; font-size: 85%; float:right; | // |- |} Lyric be excepted. ... Robert Heron Bork (born March 1, 1927) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ... In philosophy, moral relativism is the position that moral or ethical propositions do not reflect objective and/or universal moral truths, but instead make claims relative to social, cultural, historical or personal circumstances. ...

Moreover, Justice Harlan believed that federal laws censoring "obscene" publications violated the free speech clause. Thus, he dissented from Roth v. United States (1957), in which the Supreme Court upheld the validity of a federal obscenity law. At the same time, Harlan did not believe that the Constitution prevented the states from censoring obscenity. He explained in his Roth dissent: Holding Obscenity is not protected by the First Amendment, but more strictly defines what is considered obscene. Court membership Chief Justice: Earl Warren Associate Justices: Hugo Black, Felix Frankfurter, William O. Douglas, Harold Hitz Burton, Tom C. Clark, John Marshall Harlan II, William J. Brennan, Charles Evans Whittaker Case opinions... Year 1957 (MCMLVII) was a common year starting on Tuesday (link displays the 1957 Gregorian calendar). ...

The danger is perhaps not great if the people of one State, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive and non-sellable, for the State next door is still free to make its own choice. At least we do not have one uniform standard. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. [...] The fact that the people of one State cannot read some of the works of D. H. Lawrence seems to me, if not wise or desirable, at least acceptable. But that no person in the United States should be allowed to do so seems to me to be intolerable, and violative of both the letter and spirit of the First Amendment.^[9] This article is about the novel. ... David Herbert Richards Lawrence (11 September 1885 - 2 March 1930) was a very important and controversial English writer of the 20th century, whose prolific and diverse output included novels, short stories, poems, plays, essays, travel books, paintings, translations, literary criticism and personal letters. ...

Justice Harlan did not believe that individuals were entitled to exercise their First Amendment rights wherever they pleased. He joined in Adderley v. Florida (1966), which controversially upheld a trespassing conviction for protesters who demonstrated on government property. He dissented from Brown v. Louisiana (1966), in which the Court held that protesters were entitled to engage in a sit-in at a public library. Likewise, he disagreed with Tinker v. Des Moines (1969), in which the Supreme Court ruled that students had the right to wear armbands (as a form of protest) in public schools. Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... Brown v. ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... Holding The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. ... Also: 1969 (Stargate SG-1) episode. ...

Criminal procedure

During the 1960s, the Warren Court made a series of rulings expanding the rights of criminal defendants. In some instances, Justice Harlan concurred in the result; Gideon v. Wainwright (1963) is one notable example. In many other cases, however, Harlan found himself in dissent. He was usually joined by the other members of the Court's moderate wing, Justices Potter Stewart, Tom Clark, and Byron White. The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... Holding The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. ... Year 1963 (MCMLXIII) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Tom Clark is a Canadian television journalist. ... Byron Raymond White (June 8, 1916 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ...

Most notably, Harlan dissented from Supreme Court rulings restricting interrogation techniques used by law enforcement officers. For example, he dissented from the Court's holding in Escobedo v. Illinois (1964) that the police could not refuse to honor a suspect's request to consult with his lawyer during an interrogation. Harlan called the rule "ill-conceived" and suggested that it "unjustifiably fetters perfectly legitimate methods of criminal law enforcement." He disagreed with Miranda v. Arizona (1965), which required law enforcement officials to warn a suspect of his rights before questioning him (see Miranda warning). He closed his dissenting opinion with a quotation from his predecessor, Justice Robert Jackson: "This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."^[10] Holding Where a police investigation begins to focus on a particular suspect who has been refused counsel and not Mirandized, his statements to police are excluded. ... Also Nintendo emulator: 1964 (emulator). ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... Year 1965 (MCMLXV) was a common year starting on Friday (link will display full calendar) of the 1965 Gregorian calendar. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... Robert Jackson was the name of the following people: Robert H. Jackson (1892 - 1954), a justice on the Supreme Court of the United States, and the chief American prosecutor at the Nuremberg trials. ...

In Gideon v. Wainwright (1963), Justice Harlan agreed that the Constitution required states to provide attorneys for defendants who could not afford their own counsel. However, he believed that this requirement applied only at trial, and not on appeal; thus, he dissented from Douglas v. California (1963). Holding The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. ... Year 1963 (MCMLXIII) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... Year 1963 (MCMLXIII) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ...

Harlan was the author of Leary v. United States, a case that declared Marihuana Tax Act unconstitutional based on the Fifth Amendment protection against self-incrimination. Holding The Marijuana Tax Act required self-incrimination, thus violated the Fifth Amendment of Constitution. ... Wikipedia does not have an article with this exact name. ... The Fifth Amendment may refer to the: Fifth Amendment to the United States Constitution - part of the Bill of Rights. ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ...

Civil rights

The Supreme Court decided several important civil rights cases during the first years of Harlan's career. In these cases, Harlan regularly sided with the civil rights movement. He was a monumental judge during the civil rights movement, and if it hadn't been for his decisions of justice and equality, many rights given to minorities today would most likely be hard to imagine.

In NAACP v. Alabama (1958), Justice Harlan delivered the opinion of the court, invalidating an Alabama law that required the NAACP to disclose membership lists. He joined in Cooper v. Aaron (1958), compelling defiant officials in Arkansas to desegregate public schools. He joined the opinion in Gomillon v. Lightfoot (1960), which declared that states could not redraw political boundaries in order to reduce the voting power of African-Americans. Moreover, he concurred in Loving v. Virginia (1967), which struck down state laws that banned interracial marriage. NAACP v. ... Year 1958 (MCMLVIII) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... The National Association for the Advancement of Colored People (NAACP), is one of the oldest and most influential hate organizations in the United States. ... Holding The states are bound by the Courts decisions, and cannot choose to ignore them. ... Year 1958 (MCMLVIII) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Official language(s) English Capital Little Rock Largest city Little Rock Largest metro area Little Rock Metropolitan Area Area  Ranked 29th  - Total 53,179 sq mi (137,002 km²)  - Width 239 miles (385 km)  - Length 261 miles (420 km)  - % water 2. ... Year 1960 (MCMLX) was a leap year starting on Friday (link will display full calendar) of the Gregorian calendar. ... Holding The Court declared Virginias anti-miscegenation statute, the Racial Integrity Act of 1924, unconstitutional, thereby ending all race-based legal restriction on marriage in the United States. ... Year 1967 (MCMLXVII) was a common year starting on Sunday (link will display full calendar) of the 1967 Gregorian calendar. ...

Voting rights

Justice Harlan rejected the theory that the Constitution enshrined the so-called "one man, one vote" principle, or the principle that legislative districts must be roughly equal in population. In this regard, he shared the views of Justice Felix Frankfurter, who admonished the courts to stay out of the "political thicket" of reapportionment. The Supreme Court, however, disagreed with Harlan in a series of rulings during the 1960s. The first case in this line of rulings was Baker v. Carr (1962). The Court ruled that malapportionment issues presented justiciable questions, and that the courts were entitled to review the validity of district boundaries. Harlan, however, dissented, on the grounds that the plaintiffs failed to demonstrate that malapportionment violated their individual rights. OMOV, an acronym standing for one man, one vote, is a term used to support an overturning of decades of malapportioned legislative districts in the United States. ... The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... Holding The reapportionment of state legislative districts is not a political question, and is justiciable by the federal courts. ... Year 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar) of the Gregorian calendar. ... Malapportionment is broad and systematic variance in the size of electoral constituencies (at least within electoral systems which have them). ...

Then, in Wesberry v. Sanders (1964), the Supreme Court, relying on the Constitution's requirement that the House of Representatives be elected "by the People of the several States," ruled that congressional districts in any particular state must be approximately equal in population. Harlan vigorously dissented, writing, "I had not expected to witness the day when the Supreme Court of the United States would render a decision which casts grave doubt on the constitutionality of the composition of the House of Representatives. It is not an exaggeration to say that such is the effect of today's decision."^[11] He proceeded to argue that the Court's decision was inconsistent with both the history and text of the Constitution; moreover, he claimed that only Congress, not the judiciary, had the power to require congressional districts with equal populations. Wesberry v. ... Also Nintendo emulator: 1964 (emulator). ...

Harlan was the sole dissenter in Reynolds v. Sims (1964), in which the Court relied on the Equal Protection Clause to extend the one man, one vote principle to state legislative districts. He analyzed the language and history of the Fourteenth Amendment, and concluded that the Equal Protection Clause was never intended to encompass voting rights. Because the Fifteenth Amendment would have been superfluous if the Fourteenth Amendment (the basis of the reapportionment deicisions) had conferred a general right to vote, he claimed that the Constitution did not require states to adhere to the one man, one vote principle, and that the Court was merely imposing its own political theories on the nation. He suggested, in addition, that the problem of malapportionment was one that should be solved by the political process, and not by litigation. He wrote: Reynolds v. ... Also Nintendo emulator: 1964 (emulator). ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Fifteenth Amendment may refer to the Fifteenth Amendment to the United States Constitution - guarantees the right to vote regardless of race. ... The Fourteenth Amendment may refer to the: Fourteenth Amendment to the United States Constitution - contains the due process and equal protection clauses. ... OMOV, an acronym standing for one man, one vote, is a term used to support an overturning of decades of malapportioned legislative districts in the United States. ...

This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.^[5]

For similar reasons, Harlan dissented from Carrington v. Rash (1965), in which the Court held that voter qualifications were subject to scrutiny under the equal protection clause. He claimed in his dissent, "the Court totally ignores, as it did in last Term's reapportionment cases [...] all the history of the Fourteenth Amendment and the course of judicial decisions which together plainly show that the Equal Protection Clause was not intended to touch state electoral matters."^[12] Similarly, Justice Harlan disagreed with the Court's ruling in Harper v. Virginia Board of Elections (1966) invalidating the use of the poll tax as a qualification to vote. Year 1965 (MCMLXV) was a common year starting on Friday (link will display full calendar) of the 1965 Gregorian calendar. ... In Harper v. ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... A poll tax, head tax, or capitation is a tax of a uniform, fixed amount per individual (as opposed to a percentage of income). ...

Retirement and death

John M. Harlan's health began to deteriorate towards the end of his career. His eyesight began to fail during the late 1960s. Gravely ill, he retired from the Supreme Court on September 23, 1971. He died from spinal cancer three months later, on December 29. He was buried at the Emmanuel Church Cemetery in Weston, Connecticut. The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... is the 266th day of the year (267th in leap years) in the Gregorian calendar. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... Spinal tumors are located in the spinal cord and are mostly metastases from primary cancers elsewhere (commonly breast, prostate and lung cancer). ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Weston is a town in Fairfield County, Connecticut, United States. ...

President Richard Nixon considered nominating Mildred Lillie, a California appeals court judge, to fill the vacant seat; Lillie would have been the first female nominee to the Supreme Court. However, Nixon decided against Lillie's nomination after the American Bar Association found Lillie unqualified. Thereafter, Nixon nominated William Rehnquist (the future Chief Justice), who was confirmed by the Senate. Mildred Lillie (January 25, 1915–October 27, 2001) was a California judge whom President Richard Nixon announced as the first female nominee for the United States Supreme Court. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ...

Harlan's extensive professional and Supreme Court papers were donated to Princeton University, where they are housed at the Seely G. Mudd Manuscript Library and open to research. Princeton University is a private coeducational research university located in Princeton, New Jersey. ...

Quotes about Harlan

• "As recently as 1969, Justice John Marshall Harlan, the Court's most distinguished conservative member after Felix Frankfurter's retirement, had noted that the Supreme Court had consistently "rejected all manner of prior restraint on publication." Floyd Abrams, in reference to freedom of the press.^[13]

Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... Floyd Abrams is a famous First Amendment lawyer. ... Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ...

References

1. ^ ^{a b c} Leitch, Alexander (1978). A Princeton Companion. Princeton: Princeton University Press. 
2. ^ Ariens, Michael. "John Marshall Harlan II."
3. ^ Federal Judicial Center. "Marshall, John Harlan."
4. ^ United States Senate. "Nominations."
5. ^ ^{a b} Reynolds v. Sims, 377 US 533 (1964). (Harlan, J., dissenting).
6. ^ Poe v. Ullman, 367 U.S. 497 (1961). (Harlan, J., dissenting).
7. ^ Griswold v. Connecticut, 381 U.S. 479 (1965). (Harlan, J., concurring).
8. ^ Conversations: Robert Bork says, Give me liberty, but don't give me filth Christianity Today
9. ^ Roth v. United States, 354 U.S. 476 (1957). (Harlan, J., dissenting).
10. ^ Miranda v. Arizona, 384 U.S. 436 (1966). (Harlan, J., dissenting).
11. ^ Wesberry v. Sanders, 376 U.S. 1 (1964). (Harlan, J., dissenting).
12. ^ Carrington v. Rash, 380 U.S. 89 (1965). (Harlan, J., dissenting).
13. ^ Floyd Abrams, Speaking Freely, published by Viking Press, Page 15-16.

Christianity Today is an Evangelical Christian periodical based in Carol Stream, Illinois. ... Floyd Abrams is a famous First Amendment lawyer. ... Floyd Abrams This page contains a list and short descriptions of Floyd Abrams most influential and famous cases. ... Viking Press was founded on March 1, 1925, in New York City, by Harold K. Guinzburg and George S. Oppenheim. ...

Additional reading

• Dorsen, Norman. (Editor). (2001). John Marshall Harlan II: Remembrances by his Law Clerks.
• Shapiro, David L. (Editor). (1969). The Evolution of a Judicial Philosophy: Selected Opinions and Papers of Justice John M. Harlan. Cambridge, MA: Harvard University Press. 1969.
• Yarborough, Tinsley E. (1992). John Marshall Harlan : Great Dissenter of the Warren Court. New York: Oxford University Press.
• John Marshall Harlan Papers. Span Dates 1890-1972 (Bulk Dates: 1936-1971) via Princeton University

Princeton University is a private coeducational research university located in Princeton, New Jersey. ...

External links

• Goldman, Jeremy. "Harlan, John M."
• Supreme Court Historical Society. "John Marshall Harlan II."

The Warren Court
1955–1956:	H. Black | S.F. Reed | F. Frankfurter | Wm. O. Douglas | H.H. Burton | T.C. Clark | S. Minton | J.M. Harlan II
1956–1957:	H. Black | S.F. Reed | F. Frankfurter | Wm. O. Douglas | H.H. Burton | T.C. Clark | J.M. Harlan II | Wm. J. Brennan
1957–1958:	H. Black | F. Frankfurter | Wm. O. Douglas | H.H. Burton | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | C.E. Whittaker
1958–1962:	H. Black | F. Frankfurter | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | C.E. Whittaker | P. Stewart
1962–1965:	H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A.J. Goldberg
1965–1967:	H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas
1967–1969:	H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
The Burger Court
1969:	H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
1970–1971:	H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun