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; no degree)
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 senior positions in the administration of President Franklin D. Roosevelt, including Solicitor General (1938–1940) and Attorney General (1940–1941), making him the only person in American history to have held all three offices. Beyond his domestic legal career, Jackson gained international prominence as the chief American prosecutor at the Nuremberg trials, where he led the prosecution of senior Nazi leaders for war crimes and crimes against humanity following World War II. Jackson developed a reputation as one of the finest prose stylists in the history of the Supreme Court; Justice Antonin Scalia, who later occupied Jackson's seat, called him "the best legal stylist of the 20th century." He remains the most recent Supreme Court justice to have been admitted to the bar without earning a law degree, having entered the profession through the older tradition of "reading law" under an established attorney.

Early Life

Robert Houghwout Jackson was born on February 13, 1892, in Spring Creek, Pennsylvania. He grew up in rural western New York, in the town of Frewsburg in Chautauqua County, an area that would remain central to his identity throughout his life. Jackson's upbringing in small-town America shaped his legal sensibilities and his enduring commitment to individual rights and the rule of law.

Jackson was raised in modest circumstances and showed an early aptitude for argument and public speaking. He attended local schools in the Jamestown, New York, area during his formative years. Unlike many of his future colleagues on the Supreme Court, Jackson did not follow a conventional academic path to the legal profession. He did not attend college, a fact that distinguished him from virtually every other twentieth-century Supreme Court justice.

Instead of pursuing a traditional undergraduate and law school education, Jackson chose to study law through a combination of formal coursework and practical apprenticeship. He attended Albany Law School for one year but did not complete a degree there. He then gained admission to the New York bar through the time-honored method of "reading law"—serving an apprenticeship under an established attorney and studying legal texts independently. This path, once common in American legal history, had become increasingly rare by the early twentieth century, and Jackson would prove to be the last Supreme Court justice to enter the profession in this manner.

After gaining admission to the bar, Jackson returned to Jamestown, New York, where he established a private legal practice. He quickly earned a reputation as a skilled trial lawyer and advocate, building a successful practice in western New York that would serve as the foundation for his later public career. His practical legal experience in rural and small-city practice gave him a grounding in the everyday workings of the law that informed his judicial philosophy for decades to come.

Education

Jackson's formal education was unconventional for a future Supreme Court justice. He attended local schools in the Jamestown, New York, area before enrolling at Albany Law School, where he studied for one year. He did not complete a degree at Albany Law School and never earned a law degree from any institution. Instead, he completed his legal training by "reading law" under the supervision of a practicing attorney, a method of legal education that had deep roots in American tradition but was already in decline by the early twentieth century. Jackson was admitted to the New York bar in 1913 at the age of twenty-one, making him one of the youngest attorneys in the state at the time. He remained the most recent justice of the Supreme Court who did not hold a law degree.

Career

Private Practice and Early Public Service

After his admission to the bar, Jackson built a thriving private law practice in Jamestown, New York. He developed expertise in corporate law, litigation, and general practice, representing clients in a range of civil and commercial matters. His skill as an advocate and his facility with language brought him increasing recognition in legal circles throughout western New York.

Jackson's involvement in Democratic Party politics in New York State brought him to the attention of state and national political figures. His legal talents and his political connections eventually drew the notice of the Roosevelt administration, which was seeking capable lawyers for an expanding federal government during the New Deal era.

Federal Government Service Under Roosevelt

Jackson's federal career began in earnest in 1934, when he was appointed Assistant General Counsel for the Bureau of Internal Revenue, a position he held until 1936. In this role, he handled complex tax litigation on behalf of the federal government, gaining experience in the intricacies of federal administrative law and establishing himself as a formidable government litigator.

In February 1936, Jackson was promoted to the position of United States Assistant Attorney General for the Tax Division, where he served until January 1937. He then became Assistant Attorney General for the Antitrust Division, serving from January 1937 to March 1938. In this capacity, Jackson oversaw the government's efforts to enforce antitrust laws during a period of significant economic regulation.

On March 5, 1938, President Roosevelt appointed Jackson as the 24th United States Solicitor General, the government's chief advocate before the Supreme Court. Jackson served as Solicitor General until January 18, 1940, arguing numerous cases before the Court and further burnishing his reputation as one of the finest oral advocates of his generation.

On January 18, 1940, Roosevelt elevated Jackson to the position of 57th United States Attorney General, the nation's chief law enforcement officer. As Attorney General, Jackson oversaw the Department of Justice during a critical period as the United States moved toward involvement in World War II. He served in this capacity until August 25, 1941, when he left to take his seat on the Supreme Court.

Jackson's rapid ascent through the ranks of the Department of Justice—from tax lawyer to Attorney General in just six years—reflected both his exceptional legal abilities and his close relationship with President Roosevelt, who valued Jackson's advocacy skills and his commitment to the New Deal program.

Supreme Court Appointment

On June 12, 1941, President Roosevelt nominated Jackson to serve as an Associate Justice of the Supreme Court of the United States, filling the vacancy created by the elevation of Harlan Fiske Stone to Chief Justice. Jackson was confirmed by the United States Senate and took his seat on the Court on July 11, 1941.

Jackson served on the Supreme Court for thirteen years, from 1941 until his death on October 9, 1954. During this period, he authored a number of significant opinions that have continued to shape American constitutional law. He was generally viewed as a moderate liberal on the Court, though his jurisprudence defied easy categorization and reflected a commitment to individual liberty, the separation of powers, and the rule of law.

Major Opinions and Judicial Philosophy

Jackson is remembered for several landmark opinions that remain influential in American constitutional jurisprudence. His majority opinion in West Virginia State Board of Education v. Barnette (1943) is among the most celebrated decisions in Supreme Court history. In Barnette, the Court held that public school students could not be compelled to salute the American flag or recite the Pledge of Allegiance, overruling the Court's own decision in Minersville School District v. Gobitis just three years earlier. Jackson's opinion for the Court contains one of the most frequently quoted passages in American law: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in matters of politics, nationalism, religion, or other matters of opinion."

Jackson's concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer (1952)—the "Steel Seizure Case"—has become the foundational framework for analyzing the scope of presidential power in American law. In that case, the Court struck down President Harry S. Truman's seizure of the nation's steel mills during the Korean War. Jackson's concurrence set forth a three-part analytical framework for evaluating the legality of executive action in relation to congressional authorization, a framework that courts and scholars have relied upon extensively in the decades since.

Jackson also authored notable dissents in several significant cases. His dissent in Korematsu v. United States (1944) challenged the Court's decision upholding the internment of Japanese Americans during World War II. Jackson argued that the military order at issue was an unconstitutional exercise of power and warned against enshrining racial discrimination in judicial precedent. His dissent in Terminiello v. City of Chicago (1949) included another of his celebrated aphorisms: that the Bill of Rights should not be converted into "a suicide pact." In Everson v. Board of Education (1947) and Zorach v. Clauson (1952), Jackson dissented on questions involving the Establishment Clause and the relationship between government and religion.

Jackson was also known for his commitment to enforcing due process protections against overreaching by federal agencies. His judicial opinions frequently reflected a concern with limiting governmental power and protecting the rights of individuals in the administrative state. His advice that "any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances" became one of the most quoted statements in American criminal law.

His description of the Supreme Court's authority—"We are not final because we are infallible, but we are infallible only because we are final"—captured both the humility and the gravity of the Court's role in the American constitutional system.

Nuremberg Trials

In 1945, President Truman appointed Jackson as the chief United States prosecutor at the International Military Tribunal at Nuremberg, Germany, where senior leaders of Nazi Germany were tried for war crimes, crimes against humanity, and crimes against peace. Jackson took a leave of absence from the Supreme Court to serve in this role, a decision that was itself controversial but which Jackson considered a matter of historical necessity.

Jackson played a central role in establishing the legal framework for the trials, helping to craft the charges and the procedural rules under which the proceedings would be conducted. His opening statement to the tribunal on November 21, 1945, is considered one of the great speeches in legal history. In it, Jackson declared: "The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated." Jackson described himself as "anything but a warrior" but viewed the prosecution of the Nazi leaders as essential to establishing the principle that individuals—including heads of state—could be held accountable under international law for atrocities committed in wartime.

Jackson also delivered the closing arguments for the prosecution, summarizing the evidence against the defendants and urging the tribunal to render verdicts that would establish a lasting precedent for international justice. The tribunal ultimately convicted the majority of the defendants, and the Nuremberg trials established foundational principles of international criminal law that continue to inform the work of international courts and tribunals.

Jackson's service at Nuremberg earned him the Medal for Merit, one of the highest civilian honors awarded by the United States government. His work at the trials cemented his legacy not only as a jurist but as a figure of international significance in the development of human rights law and the accountability of state actors.

The Robert H. Jackson Center, in partnership with institutions from the United States, Germany, and the United Kingdom, has organized events to commemorate the 80th anniversary of the Nuremberg trials, reflecting the enduring significance of Jackson's contributions to international justice.

Personal Life

Robert H. Jackson maintained roots in western New York throughout his life, retaining his connection to the Jamestown and Frewsburg area even as his career took him to Washington, D.C., and eventually to Nuremberg, Germany. He had two children.

Jackson was a member of the Democratic Party and was closely associated with the Roosevelt administration throughout the 1930s and early 1940s. Although he was mentioned as a potential candidate for the presidency and was reportedly considered by Roosevelt for appointment as Chief Justice, Jackson never attained that office; the Chief Justiceship went instead to Harlan Fiske Stone in 1941 and later to Fred M. Vinson in 1946.

Jackson died on October 9, 1954, in Washington, D.C., while still serving as an Associate Justice of the Supreme Court. He was 62 years old. He was buried at Maple Grove Cemetery in Frewsburg, New York, the community where he had grown up. His seat on the Supreme Court was subsequently filled by John Marshall Harlan II, who was nominated by President Dwight D. Eisenhower.

Recognition

Jackson received the Medal for Merit for his service as chief American prosecutor at the Nuremberg trials. This award recognized his contributions to the prosecution of Nazi war criminals and the establishment of principles of international accountability.

Justice Antonin Scalia, who occupied the Supreme Court seat once held by Jackson, described Jackson as "the best legal stylist of the 20th century," a testament to the enduring quality of Jackson's judicial prose.

The Robert H. Jackson Center, located in Jamestown, New York, was established to preserve Jackson's legacy and to promote the rule of law and the principles of justice that Jackson championed. The center houses archives, hosts educational programs, and sponsors research related to Jackson's life and work.

The federal courthouse in Buffalo, New York, was named in Jackson's honor, recognizing his contributions to American law and his roots in western New York.

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 examining Jackson's career and legacy. The book prompted renewed scholarly discussion of Jackson's significance, with panel discussions held at the University of Virginia involving leading legal scholars. The biography was reviewed in publications including Moment Magazine and The Washington Post, with commentators noting Jackson's relevance to contemporary debates over executive power and the rule of law.

Legacy

Robert H. Jackson's legacy extends across multiple dimensions of American and international law. His judicial opinions, particularly his majority opinion in West Virginia State Board of Education v. Barnette and his concurrence in Youngstown Sheet & Tube Co. v. Sawyer, remain among the most cited and influential in Supreme Court history. The Youngstown concurrence, with its three-part framework for analyzing presidential power, has been described as the foundational text in the law of executive authority and has been invoked in numerous subsequent cases involving the scope and limits of presidential action.

Jackson's work at Nuremberg established precedents for international criminal law that continue to shape the prosecution of war crimes, genocide, and crimes against humanity. The principles articulated at the tribunal—that individuals, including heads of state, can be held accountable for atrocities under international law—laid the groundwork for later institutions such as the International Criminal Court and the ad hoc tribunals for the former Yugoslavia and Rwanda.

Jackson's literary gifts set him apart from most of his contemporaries on the bench. His opinions combined legal rigor with a clarity and eloquence that made them accessible not only to lawyers and judges but to a broader public. His aphorisms—on the duty of lawyers to advise clients of their rights, on the nature of the Supreme Court's authority, and on the limits of government power over individual conscience—have entered the common vocabulary of American law and civic discourse.

The fact that Jackson achieved the highest levels of the American legal profession without earning a law degree—or indeed a college degree—has made him a symbol of the possibility of advancement through talent, hard work, and practical experience. His career path, from small-town lawyer in western New York to Associate Justice of the Supreme Court and chief prosecutor at one of the most important trials in history, represents a distinctively American trajectory.

Jackson's relevance to contemporary legal debates was underscored by the 2025 publication of G. Edward White's biography, Robert H. Jackson: A Life in Judgment, which prompted renewed attention to Jackson's views on executive power, the separation of powers, and the role of the judiciary in a democratic society. A Washington Post opinion piece noted that "the nation has long needed, but never more than now" a thorough examination of Jackson's life and thought, reflecting the continuing resonance of his jurisprudence in an era of debate over the limits of governmental authority.