Holmes, Oliver Wendell, Jr. (1841–1935)

Encyclopedia of the American ConstitutionFA-JW (2000)

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Holmes, Oliver Wendell, Jr. (1841–1935)

When he was appointed to the Supreme Court in 1902, at the age of sixty-one, he was best known to the general public as the son of a famous poet and man of letters; when he retired, thirty years later, he had been called "the greatest of our age in the domain of jurisprudence, and one of the greatest of the ages." Oliver Wendell Holmes's thirty years on the Supreme Court unquestionably made his reputation, and yet those years, given the aspirations of Holmes's earlier career, were years in which his mood as a judge can best be described as resignation. He was not able to achieve anything like what he thought he could achieve as a judge; regularly he confessed his inability to do anything other than ratify "what the crowd wants." He wryly suggested that on his tombstone should be inscribed "here lies the supple tool of power," and he allegedly told JOHN W. DAVIS that "if my country wants to go to hell, I am here to help it." For these expressions of resignation he was called "distinguished," "mature," and "wise,"...

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