Arthur Goldberg

Arthur Goldberg
Born	Arthur Joseph Goldberg 8 8, 1908
Birthplace	Chicago, Illinois, U.S.
Died	Template:Death date and age Washington, D.C., U.S.
Nationality	American
Occupation	Jurist, politician, diplomat, labor attorney
Known for	Associate Justice of the Supreme Court; U.S. Secretary of Labor; U.S. Ambassador to the United Nations; merger of the AFL and CIO
Education	Northwestern University School of Law (J.D.)
Children	2
Awards	Presidential Medal of Freedom (1978)

Arthur Joseph Goldberg (August 8, 1908 – January 19, 1990) was an American jurist, politician, diplomat, and labor attorney whose career traversed some of the most consequential institutions of twentieth-century American public life. Born the youngest of eleven children to Ukrainian Jewish immigrants on the West Side of Chicago, Goldberg rose from modest origins to become one of the nation's foremost labor lawyers, orchestrating the landmark merger of the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO) in 1955. During World War II, he served in the Office of Strategic Services, helping organize European labor resistance to Nazi Germany. Appointed by President John F. Kennedy as the 9th United States Secretary of Labor in 1961, Goldberg subsequently served as an Associate Justice of the Supreme Court of the United States from 1962 to 1965, where he aligned with the Court's liberal bloc and authored the majority opinion in Escobedo v. Illinois. He resigned from the bench at the request of President Lyndon B. Johnson to serve as the 6th United States Ambassador to the United Nations, where he played a central role in drafting UN Resolution 242 following the Six-Day War of 1967. After leaving public office, Goldberg ran unsuccessfully for governor of New York in 1970, served as president of the American Jewish Committee, and continued practicing law until his death in 1990.

Early Life

Arthur Joseph Goldberg was born on August 8, 1908, in Chicago, Illinois, the youngest of eleven children born to Joseph and Rebecca (Perlstein) Goldberg, Jewish immigrants from the Russian Empire (present-day Ukraine). His father, who had worked as a produce peddler and later operated a small fruit and vegetable business, died when Arthur was still a child. The family lived on Chicago's West Side in modest circumstances, and the elder Goldberg siblings contributed to the household income to support the younger children's education.

Goldberg attended Chicago public schools and demonstrated academic distinction from an early age. He graduated from Harrison High School, where he was active in debate and developed an early interest in law and public affairs. Growing up in a working-class immigrant neighborhood during a period of intense labor organizing in American industrial cities, Goldberg developed a keen awareness of working conditions and labor rights that would shape his professional trajectory. His older brothers, some of whom worked in factories, introduced him to the concerns of organized labor, and the economic struggles of his family during his formative years left a lasting impression on his worldview.

The Chicago of Goldberg's youth was a center of both labor activism and legal innovation, and these currents influenced his decision to pursue a career in law. Despite the financial constraints facing the family, Goldberg was determined to attend college and law school, working various jobs to fund his education.

Education

Goldberg enrolled at Crane Junior College in Chicago before transferring to Northwestern University, where he attended the Northwestern University School of Law. He excelled academically, graduating first in his class and earning his Bachelor of Science in Law degree in 1929, followed by his Doctor of Jurisprudence (J.D.) summa cum laude in 1930. While at Northwestern, Goldberg served as editor-in-chief of the Illinois Law Review (now the Northwestern University Law Review), a position that signaled his scholarly aptitude and marked him as one of the most promising young legal minds of his generation. His academic performance at Northwestern laid the groundwork for a career that would span private practice, government service, and the federal judiciary.

Career

Early Legal Career and Labor Law

After graduating from Northwestern in 1930, Goldberg was admitted to the Illinois bar and began practicing law in Chicago. He initially worked in private practice, but by the mid-1930s he had gravitated toward labor law, a field that was expanding rapidly in the wake of the New Deal legislation that protected workers' rights to organize. Goldberg developed a reputation as a skilled and effective advocate for organized labor, representing unions in a wide range of legal matters.

During the late 1930s and into the 1940s, Goldberg became increasingly prominent within the labor movement's legal apparatus. He represented the Congress of Industrial Organizations (CIO) and its affiliated unions, handling complex litigation and negotiations that placed him at the intersection of labor relations and constitutional law. In 1948, the CIO formally appointed Goldberg as its general counsel, a position of considerable influence within the American labor movement. In this role, he advised the CIO's leadership on legal strategy, represented the organization before federal agencies and courts, and played a central part in shaping the CIO's response to the Taft-Hartley Act and other legislative developments affecting organized labor.

Goldberg's most significant achievement as a labor attorney was his instrumental role in negotiating the merger of the American Federation of Labor and the Congress of Industrial Organizations in 1955, which created the AFL-CIO. The two organizations had been rivals since the CIO's split from the AFL in 1935, and their unification was a landmark event in American labor history. Goldberg served as a principal architect of the merger agreement and helped resolve the jurisdictional and ideological disputes that had kept the two organizations apart for two decades. Following the merger, Goldberg served as special counsel to the AFL-CIO and continued to play an advisory role in the organization's legal affairs.

World War II Service

During World War II, Goldberg interrupted his labor law practice to serve in the Office of Strategic Services (OSS), the wartime intelligence agency that was the predecessor to the Central Intelligence Agency. Assigned to the Labor Division of the OSS, Goldberg was tasked with establishing and maintaining contacts with European labor movements and organizing resistance to Nazi Germany among trade unionists in occupied Europe. His work involved coordinating with underground labor networks, facilitating intelligence gathering through labor channels, and supporting the Allied war effort through unconventional means. Goldberg's wartime service reflected both his expertise in labor affairs and his commitment to the Allied cause, and he attained the rank of major in the United States Army. His service in the OSS was recognized by the government, and the experience broadened his understanding of international affairs, a dimension that would later prove relevant during his tenure as ambassador to the United Nations.

Secretary of Labor

In January 1961, President John F. Kennedy appointed Goldberg as the 9th United States Secretary of Labor. Goldberg's appointment was widely viewed as a reflection of his stature within the labor movement and his close relationship with organized labor's leadership. As secretary, he played an active role in mediating major labor disputes and advancing the Kennedy administration's domestic policy agenda. He intervened in several significant strikes and labor-management conflicts, seeking negotiated settlements that balanced the interests of workers and employers.

Goldberg also worked to strengthen the Department of Labor's role in economic policy and advocated for expanded federal programs to address unemployment and workforce development. His tenure as secretary, which lasted from January 21, 1961, to September 20, 1962, was marked by his energetic approach to the office and his efforts to position the Labor Department as a more central actor in the Kennedy administration's broader policy framework.

Supreme Court

On August 29, 1962, President Kennedy nominated Goldberg to the Supreme Court of the United States to fill the vacancy created by the retirement of Justice Felix Frankfurter. The nomination was confirmed by the United States Senate, and Goldberg took his oath of office on October 1, 1962. He succeeded Frankfurter, who had been associated with judicial restraint, and Goldberg's appointment shifted the Court's ideological balance in a more liberal direction.

During his tenure on the Court, Goldberg aligned consistently with the liberal bloc led by Chief Justice Earl Warren and Justices William J. Brennan Jr., Hugo Black, and William O. Douglas. He participated in several landmark decisions of the Warren Court era, a period of expansive interpretations of individual rights and civil liberties. His most notable opinion was the majority opinion in Escobedo v. Illinois (1964), which held that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. The Escobedo decision was a significant step in the expansion of defendants' rights and helped lay the groundwork for the subsequent Miranda v. Arizona ruling in 1966.

Goldberg also wrote a notable concurring opinion in Griswold v. Connecticut (1965), in which he argued that the Ninth Amendment supported the existence of a constitutional right to marital privacy. His concurrence articulated a broader conception of unenumerated rights than the majority opinion and has been cited in subsequent constitutional debates over the scope of individual liberties.

Despite his influence and productivity on the Court, Goldberg's tenure was relatively brief, lasting less than three years. In 1965, President Lyndon B. Johnson persuaded Goldberg to resign from the Supreme Court to accept appointment as the United States Ambassador to the United Nations, succeeding the late Adlai Stevenson II. Goldberg later expressed regret about leaving the bench, and the circumstances of his departure became a subject of historical discussion. Johnson's nominee to fill Goldberg's seat was Abe Fortas.

A former law clerk to Justice Goldberg, Alan M. Dershowitz, later recalled the atmosphere of idealism that characterized Goldberg's chambers during the Kennedy era and described the impact of President Kennedy's assassination on those who served the justice.

Ambassador to the United Nations

Goldberg served as the 6th United States Ambassador to the United Nations from July 28, 1965, to June 24, 1968. His appointment came at a time of escalating American involvement in the Vietnam War and growing international tensions, and his tenure was dominated by the diplomatic challenges of the period.

As ambassador, Goldberg represented the United States in the UN General Assembly and the Security Council. His most significant diplomatic achievement was his role in the drafting and negotiation of United Nations Security Council Resolution 242, adopted on November 22, 1967, in the aftermath of the Six-Day War between Israel and its Arab neighbors. Resolution 242 called for the withdrawal of Israeli armed forces from territories occupied during the conflict and affirmed the right of every state in the area to live in peace within secure and recognized boundaries. The resolution became a foundational document in subsequent Middle East peace negotiations and remains a central reference point in the Israeli-Palestinian conflict.

Goldberg also used his position to advocate for a diplomatic resolution to the Vietnam War, and he reportedly pushed within the Johnson administration for a negotiated settlement. His growing disagreements with the administration's Vietnam policy contributed to his decision to resign from the ambassadorship in 1968.

A recorded telephone conversation between President Johnson and Ambassador Goldberg regarding immigration policy and a signing ceremony at Ellis Island provides a glimpse into the working relationship between the two men and the range of issues Goldberg addressed during his diplomatic service.

1970 Gubernatorial Campaign

After leaving the United Nations, Goldberg returned to private law practice in New York. In 1970, he sought the Democratic nomination for governor of New York, winning the party's endorsement and facing incumbent Republican Governor Nelson Rockefeller in the general election. The campaign was an uphill battle; Rockefeller, seeking his fourth term, was a well-funded and well-known figure in New York politics. Goldberg was defeated decisively in the November election, a result that effectively ended his career in electoral politics.

Later Career

Following his gubernatorial defeat, Goldberg continued to practice law in Washington, D.C., and remained active in public affairs. He served as president of the American Jewish Committee, one of the oldest Jewish advocacy organizations in the United States, and used the platform to address issues of human rights, civil liberties, and Jewish communal concerns. During the Vietnam War era, he also served in the Air Force Reserve. Goldberg continued to write and speak on legal and public policy issues, drawing on his extensive experience in government, the judiciary, and diplomacy. He maintained an active legal practice until the late 1980s.

Personal Life

Arthur Goldberg married Dorothy Kurgans in 1931. The couple had two children. Dorothy Goldberg was herself active in civic and cultural affairs, and the couple remained married until Arthur's death. Goldberg was a member of the Jewish faith, and his identity as a Jewish American was a significant dimension of his public life, particularly during his service at the United Nations and as president of the American Jewish Committee.

Goldberg died on January 19, 1990, in Washington, D.C., at the age of 81. He was buried at Arlington National Cemetery, a distinction reflecting his military and public service.

Recognition

In 1978, Goldberg was awarded the Presidential Medal of Freedom, the nation's highest civilian honor, in recognition of his contributions to American public life. In 1995, he was posthumously inducted into the United States Department of Labor Hall of Honor, which recognized his contributions to labor law and his service as secretary of labor.

Goldberg's tenure on the Supreme Court, although brief, produced opinions that continue to be cited and studied in American constitutional law, particularly his majority opinion in Escobedo v. Illinois and his concurrence in Griswold v. Connecticut. His role in the AFL-CIO merger and his work at the United Nations are similarly recognized as significant contributions to American labor history and international diplomacy.

The Oyez Project at the Chicago-Kent College of Law maintains an archive of Goldberg's Supreme Court opinions and oral argument recordings. FBI records related to Goldberg's career are preserved at the National Archives and have been made available through the Freedom of Information Act.

Legacy

Arthur Goldberg's career spanned several of the most important institutions of twentieth-century American governance: the labor movement, the executive branch, the Supreme Court, and the United Nations. His role in the AFL-CIO merger consolidated the American labor movement at a time when organized labor wielded significant political and economic influence, and the unified federation he helped create remained the dominant labor organization in the United States for decades.

On the Supreme Court, Goldberg's votes and opinions contributed to the Warren Court's expansion of individual rights and criminal procedure protections. The Escobedo decision, in particular, marked a turning point in the Court's approach to the rights of criminal defendants and influenced the development of the Miranda warnings that became a standard feature of American law enforcement. His Ninth Amendment concurrence in Griswold opened a line of constitutional reasoning that would be invoked in later cases addressing privacy and individual autonomy.

At the United Nations, Goldberg's work on Resolution 242 established a framework for Middle East diplomacy that persisted for decades, influencing the Camp David Accords, the Oslo Accords, and subsequent peace efforts. His advocacy for a negotiated end to the Vietnam War, while unsuccessful during his tenure, reflected a commitment to diplomacy that was consistent with his broader career.

Goldberg's departure from the Supreme Court at President Johnson's urging has been a subject of scholarly and historical analysis. Some historians have characterized Johnson's persuasion as a significant political maneuver that deprived the liberal wing of the Court of a committed voice, while Goldberg himself later acknowledged that he regretted leaving the bench. The appointment of Abe Fortas as his successor, and Fortas's subsequent resignation amid controversy, added a further dimension to the historical assessment of Goldberg's departure.

Throughout his career, Goldberg was recognized as a figure who moved fluidly between law, labor, government, and diplomacy, bringing to each role a perspective shaped by his working-class origins and his commitment to the rights of workers and individuals. His life and career remain subjects of study for scholars of American labor history, constitutional law, and Cold War diplomacy.