In “The Court at War,” Cliff Sloan examines the close relationship between FDR and the high court during World War II.
The frequent interactions between the court’s members and the White House would flout today’s canon of judicial ethics, in which judges are expected to isolate themselves from political affairs. Through a litany of examples, Sloan illustrates the justices’ “deep allegiance to FDR” as well as the president’s view of the court “as his personal bullpen rather than as an independent and impartial branch.
Through this historic lens, FDR’s friendships with the justices, though problematic, appear more benign than Sloan’s portrayal. What Sloan adeptly explores, however, is the key question of whether the president swayed the justices to rule in his favor. In his search for an answer, he excavates an exchange between Justices Stanley Reed and Frankfurter that took place after FDR’s death.
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