Robert H. Jackson

Robert H. Jackson
Born	Robert Houghwout Jackson 13 2, 1892
Birthplace	Spring Creek, Pennsylvania, U.S.
Died	Template:Death date and age Washington, D.C., U.S.
Nationality	American
Occupation	Jurist, lawyer, politician
Known for	Associate Justice of the U.S. Supreme Court; Chief U.S. Prosecutor at the Nuremberg trials
Education	Albany Law School (attended one year)
Children	2
Awards	Medal for Merit
Website	[https://www.roberthjackson.org/ Official site]

Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the Supreme Court of the United States from 1941 until his death in 1954. Before his appointment to the Court, Jackson held a series of increasingly prominent positions in the administration of President Franklin D. Roosevelt, serving as Assistant General Counsel for the Bureau of Internal Revenue, Assistant Attorney General for the Tax Division, Assistant Attorney General for the Antitrust Division, Solicitor General of the United States, and United States Attorney General. He remains the only person in American history to have served as Solicitor General, Attorney General, and Associate Justice of the Supreme Court. Jackson was also the chief United States prosecutor at the Nuremberg trials, where he led the prosecution of Nazi war criminals following World War II, an undertaking that helped establish foundational principles of international criminal law. He was the most recent Supreme Court justice who did not earn a law degree, having been admitted to the bar through the older tradition of "reading law" after studying at Albany Law School for only one year. Jackson developed a reputation as one of the finest writers ever to sit on the Supreme Court. Justice Antonin Scalia, who later occupied Jackson's seat on the Court, called him "the best legal stylist of the 20th century."

Early Life

Robert Houghwout Jackson was born on February 13, 1892, in Spring Creek, Pennsylvania. He grew up in rural western New York, in an environment that shaped his plain-spoken style and pragmatic outlook. Jackson came from modest origins and did not follow the conventional path to the legal profession. He did not attend college and completed only one year of study at Albany Law School before pursuing admission to the bar through the traditional method of "reading law" — an apprenticeship under an established attorney. This path to the legal profession, once common in the United States, had become increasingly rare by the early twentieth century. Jackson would become the last person to reach the Supreme Court without having earned a law degree.

After gaining admission to the bar, Jackson established a private legal practice in upstate New York, specifically in Jamestown, in Chautauqua County. He built a successful career as a practicing attorney in this region, developing skills in trial advocacy and legal writing that would serve him throughout his public career. His work in private practice gave him a grounding in the practical realities of law that distinguished him from many of his later colleagues on the bench who had followed more academic paths. Jackson's roots in western New York remained important to him throughout his life; he was ultimately buried at Maple Grove Cemetery in Frewsburg, New York.

Jackson was a member of the Democratic Party, and his political activities in New York helped bring him to the attention of Franklin D. Roosevelt, who was then governor of New York before becoming president. Jackson's combination of legal skill, political acumen, and personal loyalty to Roosevelt would propel him into the highest levels of the federal government during the New Deal era.

Education

Jackson's formal education was limited compared to most who would later serve on the Supreme Court. He did not attend a four-year college or university. Instead, he enrolled at Albany Law School in Albany, New York, where he studied for one year. Rather than completing a law degree, Jackson chose to pursue the older tradition of apprenticing under an established lawyer, a practice known as "reading law." Through this method, aspiring attorneys studied legal texts and gained practical experience under the supervision of a practicing member of the bar. Jackson successfully passed the bar examination and was admitted to practice law, making him one of the last prominent American jurists to enter the profession by this route. His lack of a formal law degree did not hinder his subsequent career; to the contrary, Jackson's practical legal education is often cited as having contributed to the clarity and directness of his legal writing.

Career

Early Federal Service Under Roosevelt

Jackson's entry into federal government service came during the presidency of Franklin D. Roosevelt. Beginning on February 1, 1934, Jackson served as Assistant General Counsel for the Bureau of Internal Revenue, a position he held until February 26, 1936. He then became the United States Assistant Attorney General for the Tax Division, serving from February 26, 1936, to January 21, 1937. Jackson subsequently took charge of the Antitrust Division, serving as Assistant Attorney General from January 21, 1937, to March 4, 1938. In each of these roles, Jackson demonstrated the legal acumen and administrative capability that made him one of Roosevelt's most trusted legal advisors.

Solicitor General

On March 5, 1938, Jackson was appointed the 24th Solicitor General of the United States, succeeding Stanley Forman Reed, who had been elevated to the Supreme Court. As Solicitor General, Jackson was responsible for representing the federal government before the Supreme Court. He served in this capacity until January 18, 1940, arguing numerous cases that advanced the New Deal agenda and defended the constitutionality of Roosevelt's legislative program. Jackson's performance before the Court was notable for the quality of his oral advocacy and the elegance of his written briefs, further cementing his reputation as an outstanding legal craftsman.

Attorney General

Jackson succeeded Frank Murphy as the 57th United States Attorney General on January 18, 1940. In this role, he served as the chief law enforcement officer of the United States and the head of the United States Department of Justice. He held the position until August 25, 1941, when he was elevated to the Supreme Court. During his tenure as Attorney General, Jackson oversaw the Department of Justice during a critical period as the United States moved closer to involvement in World War II. His service as both Solicitor General and Attorney General, followed by his appointment to the Supreme Court, made Jackson the only individual in American history to have held all three of those offices.

Associate Justice of the Supreme Court

President Franklin D. Roosevelt nominated Jackson to the Supreme Court of the United States, and Jackson took his seat as an Associate Justice on July 11, 1941, succeeding Harlan F. Stone, who had been elevated to Chief Justice. Jackson served on the Court for thirteen years until his death on October 9, 1954. He was succeeded by John Marshall Harlan II.

Jackson was viewed as a moderate liberal on the Court. He authored a number of opinions that have become landmarks of American constitutional law. Among his most celebrated works was the majority opinion in West Virginia State Board of Education v. Barnette (1943), in which the Court held that public school students could not be compelled to salute the American flag or recite the Pledge of Allegiance. The decision overturned a prior ruling from just three years earlier and stands as one of the most important statements on the freedom of speech and conscience in American jurisprudence.

Jackson also wrote a concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer (1952), the "Steel Seizure Case," in which the Supreme Court held that President Harry S. Truman did not have the authority to seize steel mills during the Korean War. Jackson's concurrence laid out a three-part framework for analyzing the scope of presidential power in relation to congressional authorization that has become one of the most frequently cited and influential analyses of executive power in American constitutional law.

Jackson is also known for several notable dissents. He dissented in Korematsu v. United States (1944), in which the majority upheld the constitutionality of Japanese American internment during World War II. Jackson argued against the government's claim that military necessity justified the mass detention of American citizens based on their ancestry. He also dissented in Terminiello v. City of Chicago (1949), Zorach v. Clauson (1952), and Everson v. Board of Education (1947). In each of these cases, Jackson articulated positions that reflected his commitment to individual rights, due process, and the separation of church and state.

Among Jackson's most enduring aphorisms was his description of the Supreme Court's role: "We are not final because we are infallible, but we are infallible only because we are final." He is also recognized for his advice regarding suspects' rights in the face of police interrogation: "Any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances." These statements reflect Jackson's concern with due process and the practical limits of governmental authority, themes that ran throughout his judicial career.

Jackson developed a reputation as one of the most committed members of the Court to enforcing due process as a protection against overreaching federal agencies. His opinions frequently emphasized the importance of limiting governmental power and protecting individual rights from bureaucratic excess.

The Nuremberg Trials

In 1945, President Harry S. Truman appointed Jackson to serve as the Chief United States Prosecutor at the International Military Tribunal in Nuremberg, Germany. Jackson took a leave of absence from the Supreme Court to undertake this assignment, which would become one of the most consequential chapters of his career and of twentieth-century international law.

The Nuremberg trials were convened to hold surviving leaders of Nazi Germany accountable for war crimes, crimes against peace, and crimes against humanity committed during World War II. Jackson, who described himself as "anything but a warrior," was drafted by Roosevelt (and then continued under Truman's appointment) to organize and lead the American prosecution effort. He played a central role in establishing the legal framework for the trials, arguing that individual leaders could be held personally responsible under international law for waging aggressive war and perpetrating atrocities.

Jackson's opening statement before the International Military Tribunal on November 21, 1945, is regarded as one of the great pieces of legal oratory in the twentieth century. In it, he laid out the case against the defendants and articulated the principles underlying the prosecution's effort. Jackson's closing arguments similarly presented a comprehensive case for conviction, summarizing the evidence and the legal reasoning that supported holding the defendants accountable.

The Nuremberg trials resulted in convictions for many of the defendants and established precedents that shaped the development of international criminal law for decades to come. Jackson's work at Nuremberg is considered central to the establishment of the principle that individuals—including heads of state—can be held accountable for crimes under international law, a concept that eventually contributed to the creation of institutions such as the International Criminal Court.

In 2025, the Robert H. Jackson Center partnered with institutions from the United States, Germany, and the United Kingdom to launch a commemoration of the 80th anniversary of the Nuremberg trials, reflecting the enduring significance of the proceedings and Jackson's role in them.

Personal Life

Jackson was a member of the Democratic Party throughout his career. He had two children. He maintained strong ties to western New York throughout his life, and after his death on October 9, 1954, in Washington, D.C., he was buried at Maple Grove Cemetery in Frewsburg, New York.

Jackson died while still serving as an Associate Justice of the Supreme Court. His death at the age of 62 cut short a judicial career that had already produced a substantial body of influential opinions and legal writings. He was succeeded on the Court by John Marshall Harlan II.

The Robert H. Jackson Center, located in Jamestown, New York, was established to preserve and advance Jackson's legacy. The center maintains an archive of his papers and speeches and sponsors educational programs related to his work, particularly his role at Nuremberg.

Recognition

Jackson received the Medal for Merit for his service. The Robert H. Jackson United States Courthouse in Buffalo, New York, a federal courthouse, is named in his honor.

Justice Antonin Scalia, who occupied the Supreme Court seat once held by Jackson, called him "the best legal stylist of the 20th century," a characterization that has been widely repeated in legal scholarship and commentary. Jackson's opinions, particularly his majority opinion in Barnette and his concurrence in Youngstown, remain staples of American constitutional law curricula and are regularly cited by the Supreme Court and lower courts.

Jackson's speeches at Nuremberg have also received lasting recognition. His opening statement before the International Military Tribunal has been studied and cited as a model of legal oratory, and the speeches and writings from the Nuremberg proceedings are preserved by the Yale Law School's Avalon Project.

In 2025, Professor G. Edward White of the University of Virginia School of Law published Robert H. Jackson: A Life in Judgment, a comprehensive biography exploring Jackson's life and legal career. The publication prompted scholarly discussions, including a panel at the University of Virginia featuring professors from George Mason University, the University of Texas, and New York University. A review in Moment Magazine highlighted the biography's treatment of Jackson's role in the Nuremberg trials. A column in The Washington Post in January 2026 discussed the contemporary relevance of Jackson's legal thinking, particularly his framework for analyzing executive power, noting that the biography arrived at a moment when questions about the limits of presidential authority had regained particular urgency.

Legacy

Robert H. Jackson's influence on American law extends across multiple domains: constitutional law, the separation of powers, individual rights, and international criminal law. His concurrence in Youngstown Sheet & Tube Co. v. Sawyer established a framework for evaluating presidential power that the Supreme Court and legal scholars continue to employ. The three-category analysis Jackson articulated—distinguishing between presidential actions taken with congressional authorization, those taken in the absence of congressional action, and those taken in defiance of Congress—has become a foundational tool in cases involving the scope of executive authority.

Jackson's majority opinion in West Virginia State Board of Education v. Barnette remains one of the most frequently cited statements on the limits of governmental authority to compel expressions of belief. His dissent in Korematsu v. United States gained increased recognition over the decades, particularly after the Supreme Court formally repudiated the Korematsu decision in Trump v. Hawaii (2018), with Chief Justice John Roberts citing the case as having been "overruled in the court of history."

His work at Nuremberg established precedents that informed the subsequent development of international criminal law, including the establishment of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and ultimately the International Criminal Court. Jackson's insistence that individuals—not merely states—bear responsibility for crimes under international law remains a cornerstone of international humanitarian law.

The Robert H. Jackson Center in Jamestown, New York, continues to promote his legacy through educational programs, archives, and commemorative events. The center's partnership with institutions in the United States, Germany, and the United Kingdom for the 80th anniversary of the Nuremberg trials in 2025 demonstrated the continuing international significance of Jackson's contributions.

Jackson's career path—from a lawyer admitted to the bar without a law degree to the holder of the three highest legal offices in the federal government—represents one of the most distinctive trajectories in American legal history. His prose style, his pragmatic approach to constitutional interpretation, and his insistence on the rule of law as a constraint on governmental power continue to inform legal thinking and practice in the United States and beyond.