Changes

Perhaps intimidated, several of the Four Horsemen soon retired, enabling President Roosevelt to replace them and attain the judicial majority he sought. But Pierce 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 Pierce 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) demonstrated his insight and provides a unique opportunity to compare him with the more liberal Justices Oliver Wendell Holmes with 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 with Louis Brandeis.  

Olmstead had been convicted of conducting massive bootlegging in Washington State, in violation of Prohibition. His business sold up to 200 cases of liquor a day, garnering more than two million dollars annually, the equivalent of about $22 million today.

Olmstead had been convicted of conducting massive bootlegging in Washington State, in violation of Prohibition. His business sold up to 200 cases of liquor a day, garnering more than two million dollars annually, the equivalent of about $22 million today.