Law Commons^™

The Vinson Court And The Idol Of Restraint, Zachary Baron Shemtob

Zachary Shemtob

Few judicial attributes elicit greater praise than self-restraint. Yet the most restrained court of the twentieth century, that of Chief Justice Frederick M. Vinson, is generally considered a failure. This paper first analyzes the Vinson Court’s adherence to restraint. I then argue why this judicial philosophy is largely responsible for this Court’s poor legacy. I conclude by considering what this says about the nature of judicial restraint itself.