John Marshall Harlan II

John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him from his grandfather, John Marshall Harlan , who served on the U.S. Supreme Court from 1877 to 1911.

Harlan was a student at Upper Canada College and Appleby College and then at Princeton University . Awarded a Rhodes Scholarship , he studied law at Balliol College, Oxford . Upon his return to the U.S. in 1923 Harlan worked in the law firm of Root, Clark, Buckner & Howland while studying at New York Law School . Later he served as Assistant U.S. Attorney for the Southern District of New York and as Special Assistant Attorney General of New York. In 1954 Harlan was appointed to the United States Court of Appeals for the Second Circuit , and a year later President Dwight D. Eisenhower nominated Harlan to the U.S. Supreme Court following the death of Justice Robert H. Jackson .

Harlan is often characterized as a member of the conservative wing of the Warren Court . He advocated a limited role for the judiciary, remarking that the Supreme Court should not be considered "a general haven for reform movements". In general, Harlan adhered more closely to precedent , and was more reluctant to overturn legislation than many of his colleagues on the Court. He strongly disagreed with the doctrine of incorporation , which held that the provisions of the federal Bill of Rights applied to the state governments, not merely the federal government. At the same time, he advocated a broad interpretation of the Fourteenth Amendment 's Due Process Clause , arguing that it protected a wide range of rights not expressly mentioned in the United States Constitution . Justice Harlan was gravely ill when he retired from the Supreme Court on September 23, 1971. He died from spinal cancer three months later on December 29, 1971. After Harlan's retirement, President Richard Nixon appointed William Rehnquist to replace him.

Contents

• 1 Early life and career

• 2 Military service

• 3 Personal life

• 4 Second Circuit service

• 5 Supreme Court service

• 6 Jurisprudence

  • 6.1 Equal Protection Clause

  • 6.2 Due Process Clause

  • 6.3 Incorporation

  • 6.4 First Amendment

  • 6.5 Criminal procedure

  • 6.6 Voting rights

• 7 Retirement and death

• 8 See also

• 9 Notes

• 10 References

• 11 Further reading

• 12 External links

Early life and career

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John Marshall Harlan was born on May 20, 1899, in Chicago . He was the son of John Maynard Harlan , a Chicago lawyer and politician, and Elizabeth Flagg. He had three sisters. Historically, Harlan's family had been politically active. His forebear George Harlan served as one of the governors of Delaware during the seventeenth century; his great-grandfather James Harlan was a congressman during the 1830s; his grandfather, also John Marshall Harlan, was an associate justice of the United States Supreme Court from 1877 to 1911; and his uncle, James S. Harlan , was attorney general of Puerto Rico and then chairman of the Interstate Commerce Commission .

Harlan in the Princeton University yearbook, 1920

In his younger years, Harlan attended The Latin School of Chicago . He later attended two boarding high schools in the Toronto Area , Canada: Upper Canada College and Appleby College . Upon graduation from Appleby, Harlan returned to the U.S. and in 1916 enrolled at Princeton University. There, he was a member of the Ivy Club , served as an editor of _The Daily Princetonian _, and was class president during his junior and senior years.

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