Theodore Roosevelt Court Picks from a 1909-1913 Term

[Jim Smitty]

Ok lets say that TR decides to stay the 1901-05 term was simply finishing off McKinley's mandate with the 1904 election starting his own mandate to run the nation. So he feels that by running again in 1908 isn't breaking the two term limit set by Washington. Now it goes without saying he would win this election.


However how will this impact the Supreme Court? OTL Taft had six picks in his term, including the position of Chief Justice. Now I think its more than likely the position of Chief Justice goes to Taft who wants it. But that leaves five other empty seats on the highest court in the land. So who would TR pick to feel those seats and what kind of effect would this have on the Supreme Court?

Edit possible names: Louis Brandeis, Charles Evans Hughes

 

[SsgtC]

Charles Evans Hughes is practically a guarantee. He was highly respected.

Herbert Hadley is another one (though he may decline as he had just been elected Governor of Missouri and was the first Republican to be elected Governor of since 1873). Also, TR may want him as his Attorney General verses giving him a Supreme Court seat. As the MO AG, he took on Standard Oil in an Anti-Trust case and won, just the kind of thing to bring him to Roosevelt's attention. Not only that, he was very progressive and a staunch supporter of TR (he was actually TR's floor speaker during the 1912 Republican National Convention).

Horatio C King is another possibility. He had extensive experience as a lawyer, was an early progressive, served as the Judge Advocate General of New York and on top of all that was a recepient of the Medal of Honor. The big stroke against him was his age.

Frank H Hiscock would make a strong candidate. He had served on the New York Supreme Court since 1896 and on the New York Court of Appeals since 1906. He was also a Progressive Republican that would be likely to uphold TR's legislation.

 

[Octosteel]

Another interesting thing is that Taft picked mostly older and frailer people because he really wanted to be on the Court which led to them being replaced pretty shortly after by Wilson. TR would not do such a thing so his Justices would last a lot longer.

 

[SsgtC]

Another interesting thing is that Taft picked mostly older and frailer people because he really wanted to be on the Court which led to them being replaced pretty shortly after by Wilson. TR would not do such a thing so his Justices would last a lot longer.

Taft really only did this with Chief Justice White. Taft didn't just want to be on the Supreme Court. He wanted to be Chief Justice. He had actually turned down several previous nominations to serve as an Associate Justice because it was practically unheard of for an Associate Justice to be nominated to be Chief Justice.

 

[Octosteel]

Taft really only did this with Chief Justice White. Taft didn't just want to be on the Supreme Court. He wanted to be Chief Justice. He had actually turned down several previous nominations to serve as an Associate Justice because it was practically unheard of for an Associate Justice to be nominated to be Chief Justice.

His gambit paid off, I suppose.

 

[SsgtC]

His gambit paid off, I suppose.

Kinda. Nobody expected White to live as long as he did. Everyone thought he'd be dead by 1917/1918. Or at the least forced to resign because of his health. It worked in the end, but it nearly backfired when Wilson won the White House and held it for 8 years.