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'''Pierce Butler''' (1866-1939) was an Associate Justice of the [[U.S. Supreme Court]].  Appointed by conservative President [[Warren G. Harding]], Butler served on the U.S. Supreme Court from 1923 to 1939.  He was a conservative Democrat picked by a Republican, and was opposed by liberals at the time.  He became one of the finest Supreme Court Justices ever, notable for dissenting from two of the biggest mistakes of his era: ''Olmstead'' (allowing wiretapping without a warrant), and ''Buck v. Bell'' (allowing forced sterilization).

'''Pierce Butler''' (1866-1939) was an Associate Justice of the [[U.S. Supreme Court]].  Appointed by conservative President [[Warren G. Harding]], Butler served on the U.S. Supreme Court from 1923 to 1939.  He was a conservative Democrat picked by a Republican, and was opposed by liberals at the time.  He became one of the finest Supreme Court Justices ever, notable for dissenting from two of the biggest mistakes of his era: ''Olmstead'' (allowing wiretapping without a warrant), and ''Buck v. Bell'' (allowing forced sterilization).

Butler became one of the so-called "Four Horsemen" who repeatedly invalidated portions of President Franklin D. Roosevelt's New Deal. The unwillingness of Justice Butler and the others to capitulate to the President's desires led Roosevelt in 1937 to propose his ill-fated plan to pack the Court with additional justices sympathetic to his agenda. FDR never fully recovered from the intensively negative reaction of both parties in rejecting his scheme.

Butler became one of the so-called "Four Horsemen" who repeatedly invalidated portions of President Franklin D. Roosevelt's New Deal. The unwillingness of Justice Butler and the others to capitulate to the President's desires led Roosevelt in 1937 to propose his ill-fated plan to pack the Court with additional justices sympathetic to his agenda. FDR never fully recovered from the intensively negative reaction of both parties in rejecting his scheme.

Perhaps intimidated, several of the Four Horsemen soon retired, enabling President Roosevelt to replace them and attain the judicial majority he sought. But Butler did not give his seat to President Roosevelt voluntarily: Butler served until his death in 1939.

Perhaps intimidated, several of the Four Horsemen soon retired, enabling President Roosevelt to replace them and attain the judicial majority he sought. But Butler did not give his seat to President Roosevelt voluntarily: Butler served until his death in 1939.

Justice Butler's dissent from the famous wiretapping case of ''Olmstead v. United States'', 277 U.S. 438 (1928) [http://supreme.justia.com/us/277/438/case.html opinion] demonstrated his insight and provides a unique opportunity to compare him with the more liberal Justices Oliver Wendell Holmes and Louis Brandeis.  

Justice Butler's dissent from the famous wiretapping case of ''Olmstead v. United States'', 277 U.S. 438 (1928) [http://supreme.justia.com/us/277/438/case.html opinion] demonstrated his insight and provides a unique opportunity to compare him with the more liberal Justices Oliver Wendell Holmes and Louis Brandeis.  

Pierce Butler, although agreeing in result with Brandeis in Olmstead, did not agree with Brandeis's sweeping claim. Butler also rejected many other mistakes of the Court of his time. Butler was the only dissenter, for example, from Justice Holmes' repugnant upholding of forced sterilization in ''Buck v. Bell'', 274 U.S. 200 (1927). When Justice Holmes declared that "three generations of imbeciles are enough," Butler was the only Justice who objected.

Pierce Butler, although agreeing in result with Brandeis in Olmstead, did not agree with Brandeis's sweeping claim. Butler also rejected many other mistakes of the Court of his time. Butler was the only dissenter, for example, from Justice Holmes' repugnant upholding of forced sterilization in ''Buck v. Bell'', 274 U.S. 200 (1927). When Justice Holmes declared that "three generations of imbeciles are enough," Butler was the only Justice who objected.

Pierce Butler had been outspoken against liberal professors at the University of Minnesota prior to his nomination. Labor and [[Progressivism|progressive]] groups and even his own Senator actively opposed his confirmation. Warren Harding did not seek a stealth nomination, and Butler proved to be perhaps the best Supreme Court Justice ever.

Pierce Butler had been outspoken against liberal professors at the University of Minnesota prior to his nomination. Labor and [[Progressivism|progressive]] groups and even his own Senator actively opposed his confirmation. Warren Harding did not seek a stealth nomination, and Butler proved to be perhaps the best Supreme Court Justice ever.

== References ==

== References ==

 

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[[Category:United States Supreme Court Justices]]

[[Category:United States Supreme Court Justices]]