The Enigma of Felix Frankfurter

by H.N. Hirsch

A recognized, fascinating, and often-cited classic of judicial biography and Supreme Court insight is now available in a new paperback edition. Felix Frankfurter was perhaps the most influential jurist of the 20th century—and one of the most complex men ever to sit on the U.S. Supreme Court. Mysteries and apparent contradictions abound. A vibrant and charming friend to many, why are his diaries so full of vitriol against judicial colleagues, especially Douglas and Black? An active Zionist, why did he so zealously enjoy the company of Boston Brahmins, whose snobbery he detested? Most puzzling of why did someone known before his appointment to the Court as a civil libertarian—even a radical—become our most famous and persistent advocate for austere judicial restraint? In answering these and other questions, this pathbreaking biography of Frankfurter explores the personality of the man as a key to understanding the Justice. Hirsch sees in Frankfurter's fascinating and complex persona a clue to the biggest mystery of the contrast between the brilliant and ambitious young immigrant rising by his intellect and charm to leadership in U.S. academic and political life; and the judge, equally brilliant, but increasingly isolated, embittered, and ineffective. "Hirsch's well-written book ... dispels the contradictory image that has long mystified students of Felix Frankfurter. His portrait is unvarnished, yet scrupulously fair. Revealed is a consummate manipulator of public men and policy. No future biographer can safely ignore the brilliant biographical work." — Alpheus Thomas Mason Princeton University "Hirsch's carefully constructed and supported psychological analysis of Justice Frankfurter gives us an exciting look at the inner workings of the Supreme Court." — Martin Shapiro University of California, Berkeley A new addition to the Legal History & Biography Series from Quid Pro Books.

230 pages, Paperback

First published January 1, 1981

About the author

H N Hirsch was a professor of political science for 40 years. When he retired, he realized a lifetime ambition to write mystery novels. The first, "Shade," was published in 2022. The sequel, "Fault Line," will be published June 1, 2023.

Visit his website at scribble-and-scratch.com

Reviews

[Jakub Dovcik · Rating 4 out of 5]

How does a "radical liberal" lawyer, defender of anarchists, trade unionists and socialists, co-founder of American Civil Liberties Union, and an important aide to FDR become one of the most conservative members of the Supreme Court in the mid-20th century, preaching extreme judicial restraint, in an era marked by Court's activist liberalism? According to Hirsch, the truth lies behind Frankfurter's personality, especially his constant need to defend his ego and his overblown sense of his own greatness in face of his enemies (essentially everyone that does not comply with his orders).
Frankfurter dominated everyone and every sphere he came across in his life - until he did not, at the Supreme Court, where he was just one of the Nine. This story is a tale of an immigrant's need to belong, an academic's need to be right, but most of all of the limitations of rationality in face of ego, even in the most rational and exceptional of of jurists.
Hirsch lets Frankfurter, for most part, speak for himself - this makes difficulties for reader who is not vested in the early 20th century SCOTUS judicatures and especially the constant quotations of letters make it difficult to follow the statements, as they are taken out of their original contexts. I must admit, aroung the 2/3rds mark I was getting quite lost, but the incredible conclusion makes up for it.
It is also quite notable (and frankly sad) that author completely omits Frankfurter's role in Korematsu v. United States, one of the most shameful moments in SCOTUS history.

[David Shaffer · Rating 3 out of 5]

I finished H. N. Hirsch’s , The Enigma of Felix Frankfurter, a good but not great book.

It succeeds where you would expect it to as a basic history of the man. It limitedly covers his youth and the author earns his bones in his time from Frankfurter’s time in law school, his early government career in the administrations of Theodore Roosevelt, William Howard Taft and the Woodrow Wilson, his time Working under Henry Stimson, his time as a professor at Harvard and during his association with Franklin Roosevelt’ s Presidency where he acted as an advisor and later was elevated to a Supreme Court Justice.

The author adequately covers his growth from professor, to advisor and Supreme Court Justice as well as his basic judicial philosophy which he was often but not always consistent with.

Where the author fails is in his desire to analyze Felix Frankfurter and the various crisis moments in his life which altered him psychologically. This led it from a possible 4 star read to a 3 star read.

I recommend the book but wouldn’t place it on or near the top of the pile.