Public-domain · open source
OpenJurist
Sherman Minton

Sherman Minton

Supreme Court of the United States

Born 1890 in Georgetown, IN

Died 1965 in New Albany, IN

FJC ID: 1658

Career output and lasting influence

Opinions attributed per year · peak 14/year

Seventh Circuit Court of Appeals · 1941–1949Supreme Court of the United States · 1949–1965194119601980200020202026140
opinions

Later decisions citing those opinions, per year · peak 1,393/year

Seventh Circuit Court of Appeals · 1941–1949Supreme Court of the United States · 1949–19651941196019802000202020261.4k0
citing decisions

Seventh Circuit Court of Appeals · 1941–1949Supreme Court of the United States · 1949–1965

Both charts share the same year axis. Opinion counts include only opinions in our corpus attributed to this judge so far — a year at zero can mean an attribution gap, not judicial silence. Influence typically outlasts the career: citations keep climbing after the last opinion.

What else would you like us to graph? Tell us →

Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the Democratic Party.

After attending college and law school, Minton served as a captain in World War I, following which he launched a legal and political career. In 1930, after multiple failed election attempts, and serving as a regional leader in the American Legion, he became a utility commissioner under the administration of Paul V. McNutt, Governor of Indiana. Four years later, Minton was elected to the United States Senate. During the campaign, he defended New Deal legislation in a series of addresses in which he suggested it was not necessary to uphold the United States Constitution during the Great Depression. Minton's campaign was denounced by his political opponents, and he received more widespread criticism for an address that became known as the "You Cannot Eat the Constitution" speech. As part of the New Deal Coalition, Minton championed President Franklin D. Roosevelt's unsuccessful court packing plans in the Senate and became one of his top Senate allies.

After Minton failed in his 1940 Senate reelection bid, Roosevelt appointed him as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit. After Roosevelt's death, President Harry S. Truman, who had developed a close friendship with Minton during their time together in the Senate, nominated him to the Supreme Court. He was confirmed by the Senate on October 4, 1949, by a vote of 48 to 16, 15 Republicans and one Democrat (Harry Flood Byrd of Virginia) voting against him. He served on the Supreme Court for seven years. An advocate of judicial restraint, Minton was a regular supporter of the majority opinions during his early years on the Court; he became a regular dissenter after President Dwight Eisenhower's appointees altered the court's composition. In 1956, poor health forced Minton to retire, after which he traveled and lectured until his death in 1965. To date, he is the last member of the United States Congress to be named to the Supreme Court.

According to historians, Minton's judicial philosophy was largely a reaction to the relationship between the New Deal senators and the conservative 1930s Court, which ruled much of the New Deal legislation unconstitutional. Minton believed the Supreme Court should be more deferential to the political branches of government, and supported a broad interpretation of the powers of Congress. He generally opposed any effort to rule federal legislation unconstitutional on the principle that the court was overstepping its authority. As a result of his judicial philosophy, he sought to uphold the intent of the political branches of government. Historians note the unusual contrast this created between his role as a partisan liberal Senator and his role as a conservative jurist. When Minton became a Justice, the Senate had become more conservative, leading Minton to uphold the constitutionality and intention of conservative legislation. He often played peacemaker and consensus builder during a period when the Court was riven by feuds. He generally ruled in favor of order over freedom as a result of his broad interpretation of governmental powers. These rulings and their limited impact have given some historians a negative opinion of his judicial record. Other historians consider Minton's strong commitment to his judicial principles laudable. In 1962, the Sherman Minton Bridge in southern Indiana and the Minton–Capehart Federal Building in Indianapolis were named in his honor.

Gender
Male
Race
White

Prior employment

  1. U.S. senator from Indiana
    1935–1941
  2. Executive Office of the President
    Administrative assistant and liaison to military agencies · 1941
  3. Indiana Public Service Commission
    Counselor · 1933–1934
  4. Private practice, New Albany, Indiana
    1916–1917, 1919–1925, 1928–1933
  5. Private practice, Miami, Florida
    1925–1928
  6. Motor Transport Corps
    Motor Transport Corps
    U.S. Army captain · 1917–1919

Appointments

  1. Supreme Court of the United States
    1949–1965 · Appointed by Harry S Truman (Democratic)
    Term ended: Death
  2. Seventh Circuit Court of Appeals
    1941–1949 · Appointed by Franklin D. Roosevelt (Democratic)
    Term ended: Appointment to Another Judicial Position

Education

  1. Yale University Law School
    LL.M. · 1916
  2. Indiana University School of Law -- Bloomington (now Maurer School of Law)
    LL.B. · 1915