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 U.S. Supreme Court; U.S. Secretary of Labor; U.S. Ambassador to the United Nations; merger of AFL–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. He served as the 9th United States Secretary of Labor under President John F. Kennedy, as an Associate Justice of the Supreme Court of the United States, and as the 6th United States Ambassador to the United Nations under President Lyndon B. Johnson. Born to Jewish immigrant parents on the West Side of Chicago, Goldberg rose from modest origins to become one of the nation's foremost labor lawyers, playing an instrumental role in the 1955 merger of the American Federation of Labor and the Congress of Industrial Organizations into the AFL–CIO. During World War II, he served in the Office of Strategic Services, where he helped organize European labor resistance to Nazi Germany. On the Supreme Court, he aligned with the liberal wing and authored the landmark majority opinion in Escobedo v. Illinois. After leaving the bench at President Johnson's request, he served as ambassador to the United Nations, where he helped draft UN Resolution 242 following the Six-Day War of 1967. His later years included an unsuccessful campaign for governor of New York in 1970, the presidency of the American Jewish Committee, and continued legal practice in Washington, D.C.

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. His father, who operated a small produce business on the West Side of Chicago, died when Arthur was still a child. The family faced significant economic hardship, and Goldberg's older siblings contributed to the household income to support the younger children's education.

Growing up in a working-class immigrant neighborhood, Goldberg was exposed early to the economic struggles of laborers and the organizing efforts of Chicago's union movement. He attended public schools in Chicago and proved to be an exceptionally gifted student. He graduated from Harrison High School in Chicago, where he participated in debate and demonstrated early aptitude for argumentation and public speaking.

Even as a young man, Goldberg showed an inclination toward issues of social justice and workers' rights that would define his professional career. The immigrant experience of his family and the working-class milieu of his upbringing shaped his lifelong commitment to labor law and the advancement of civil liberties. Chicago in the early twentieth century was a city defined by industrial labor, ethnic enclaves, and vigorous political organizing, and these influences left a lasting imprint on Goldberg's intellectual and political development.

Education

Goldberg attended Crane Junior College in Chicago before transferring to Northwestern University, where he earned his Bachelor of Science in Law degree in 1929. He then continued at the Northwestern University School of Law, graduating first in his class with a Doctor of Jurisprudence degree in 1930. At Northwestern, Goldberg served as editor-in-chief of the Illinois Law Review (now the Northwestern University Law Review), a distinction that reflected his academic excellence and marked him as one of the most promising young legal minds of his generation.

His legal education grounded him in the tradition of progressive jurisprudence that was gaining influence at American law schools during the late 1920s and early 1930s. Goldberg's academic achievements at Northwestern earned him immediate entry into the legal profession despite the onset of the Great Depression, which limited opportunities for many of his contemporaries.

Career

Early Legal Practice and Labor Law

After graduating from Northwestern in 1930, Goldberg began practicing law in Chicago. He initially entered private practice, but his attention was increasingly drawn to labor law during a period when the American labor movement was expanding rapidly under the protections of the New Deal. During the 1930s, Goldberg developed a reputation as a skilled and committed labor attorney, representing unions and workers in disputes with employers.

By the late 1930s and early 1940s, Goldberg had established himself as one of the leading labor lawyers in the United States. He became closely associated with the Congress of Industrial Organizations (CIO), the federation of industrial unions that had been formed in 1935. In 1948, the CIO formally appointed Goldberg as its general counsel, a position that placed him at the center of American labor relations during the postwar period. In this role, he represented the CIO's interests in legal proceedings, legislative matters, and negotiations with employers and government agencies.

Goldberg's most significant achievement as a labor attorney came in 1955, when he played a central role in brokering the merger of the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO) into the unified AFL–CIO. The two labor federations had been rivals since the CIO's founding in the 1930s, and their merger represented a landmark moment in the history of the American labor movement. Goldberg served as special counsel to the AFL–CIO following the merger and continued to advise the organization's leadership on legal and strategic matters.

World War II and the Office of Strategic Services

During World War II, Goldberg served in the Office of Strategic Services (OSS), the precursor to the Central Intelligence Agency. In the OSS, he held the rank of major and was assigned to the Labor Desk, where he was responsible for organizing and coordinating labor resistance movements in Nazi-occupied Europe. Goldberg's contacts with European trade unionists proved invaluable to the Allied intelligence effort, as labor networks provided channels for gathering intelligence, conducting sabotage, and supporting partisan operations behind enemy lines.

His wartime service demonstrated the intersection of his legal and organizational skills with the demands of intelligence work. The OSS Labor Desk under Goldberg's direction established links with underground trade union movements in France, Italy, Germany, and other occupied countries. This work contributed to broader Allied efforts to undermine the Nazi war machine and paved the way for the postwar reconstruction of European labor movements. Goldberg later served in the Air Force Reserve during the Vietnam War era.

Secretary of Labor

In January 1961, President John F. Kennedy appointed Goldberg as the United States Secretary of Labor, a position he held from January 21, 1961, to September 20, 1962. As Secretary of Labor, Goldberg was an active member of Kennedy's cabinet and played a role in shaping the administration's domestic policy, particularly in the areas of labor relations, employment, and wage policy.

During his tenure, Goldberg was involved in mediating several major labor disputes and worked to advance the Kennedy administration's agenda of economic growth and full employment. He advocated for an increase in the federal minimum wage and supported legislation to extend unemployment insurance coverage. His experience as a labor attorney gave him a fluency with both union leadership and management that made him an effective mediator and policy advocate.

Goldberg also worked to promote civil rights within the labor movement, encouraging unions to eliminate racial discrimination in their membership and hiring practices. His time as Secretary of Labor, though relatively brief, reinforced his reputation as one of the foremost advocates for workers' rights in the federal government.

Associate Justice of the 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. Goldberg was confirmed by the United States Senate and took his oath of office on October 1, 1962.

On the Court, Goldberg aligned with the liberal wing of justices led by Chief Justice Earl Warren. During his nearly three years on the bench, he participated in a number of landmark cases that expanded 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 consult with an attorney during police interrogation. The decision was a significant expansion of the rights of the accused under the Sixth Amendment and served as a precursor to the Court's later ruling in Miranda v. Arizona (1966).

Goldberg was also known for his concurring opinion in Griswold v. Connecticut (1965), in which the Court struck down a state law prohibiting the use of contraceptives by married couples. In his concurrence, Goldberg argued that the Ninth Amendment to the United States Constitution protected a right to privacy that was broader than the specific rights enumerated in the Bill of Rights. This interpretation of the Ninth Amendment was significant for its assertion that the Constitution protects fundamental rights beyond those explicitly listed, and it influenced subsequent jurisprudence on the right to privacy.

Goldberg's tenure on the Court, though short, was marked by a consistent commitment to expanding the protections afforded to individuals under the Constitution. He was a reliable member of the Warren Court's liberal majority and contributed to the Court's broader project of strengthening civil rights and civil liberties during the 1960s.

A personal account of the atmosphere in Goldberg's chambers during this period was provided by Alan Dershowitz, who served as a law clerk for Justice Goldberg. Dershowitz later recalled the impact of President Kennedy's assassination in November 1963 on the Court and on Goldberg's chambers in particular, describing it as a moment when youthful idealism collided with national tragedy.

Ambassador to the United Nations

In 1965, President Lyndon B. Johnson persuaded Goldberg to resign from the Supreme Court and accept appointment as the United States Ambassador to the United Nations, succeeding Adlai Stevenson II, who had died in office on July 14, 1965. Goldberg assumed the ambassadorship on July 28, 1965, and served until June 24, 1968.

Goldberg's decision to leave the Supreme Court was controversial and has been the subject of considerable historical discussion. Johnson reportedly appealed to Goldberg's sense of duty, arguing that his diplomatic skills were needed at the United Nations during a period of international tension, particularly with respect to the Vietnam War and conflict in the Middle East. Goldberg later expressed regret about leaving the Court, suggesting that Johnson had not been fully forthcoming about his intentions regarding the Vietnam War.

Goldberg's successor on the Supreme Court was Abe Fortas, a close associate of President Johnson. The replacement of Goldberg with Fortas has been interpreted by some historians as part of Johnson's effort to place his own allies on the Court.

As ambassador, Goldberg's most significant diplomatic achievement was his role in the drafting and passage 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 forces from territories occupied during the conflict, the termination of belligerency, and the acknowledgment of the sovereignty and territorial integrity of all states in the region. The resolution became a foundational document in subsequent Arab–Israeli peace negotiations and remains a central reference point in Middle East diplomacy.

During his time at the United Nations, Goldberg also participated in discussions about the Vietnam War and immigration policy. A recorded telephone conversation between President Johnson and Goldberg reveals that Johnson invited the ambassador to a signing ceremony at Ellis Island related to immigration legislation, reflecting Goldberg's continued involvement in domestic policy matters even while serving in a diplomatic capacity.

Goldberg resigned as ambassador in 1968, in part due to his growing disillusionment with the Johnson administration's handling of the Vietnam War. He had increasingly come to oppose the escalation of American military involvement in Southeast Asia, and his departure from the administration reflected this disagreement.

1970 Gubernatorial Campaign

In 1970, Goldberg sought the Democratic nomination for governor of New York. He secured the nomination but was defeated in the general election by the incumbent Republican governor, Nelson Rockefeller. The campaign was challenging for Goldberg, who was not a natural campaigner and faced a well-funded and experienced opponent in Rockefeller. The loss effectively ended Goldberg's career in electoral politics.

Later Career

After his defeat in the New York gubernatorial race, Goldberg returned to the practice of law in Washington, D.C. He served as president of the American Jewish Committee, a major American Jewish advocacy organization, and remained active in public affairs and legal scholarship. He continued to speak and write on issues related to civil liberties, labor rights, and international law.

In 1978, President Jimmy Carter awarded Goldberg the Presidential Medal of Freedom, the nation's highest civilian honor, in recognition of his lifetime of public service.

Goldberg also engaged in private legal practice and served as an advocate for human rights causes during the 1970s and 1980s. He maintained his connections to the labor movement and to the Democratic Party throughout his later years.

Personal Life

Arthur Goldberg married Dorothy Kurgans in 1931. The couple had two children. Dorothy Goldberg was an active participant in public life in her own right, involved in civic and cultural organizations during her husband's years in government service.

Goldberg was a member of the Jewish faith, and his Jewish identity informed aspects of his public career, including his involvement with the American Jewish Committee and his engagement with issues related to Israel and the Middle East at the United Nations.

Arthur 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 wartime service in the Office of Strategic Services and his subsequent service in the Air Force Reserve.

Recognition

Goldberg received numerous honors and awards throughout his career. In 1978, he was awarded the Presidential Medal of Freedom by President Jimmy Carter.

In 1995, Goldberg was posthumously inducted into the United States Department of Labor Hall of Honor, which recognized his contributions to American labor policy both as a private attorney and as Secretary of Labor.

His tenure on the Supreme Court, though lasting fewer than three years, produced several opinions that had a lasting impact on American constitutional law. The Escobedo decision and his Ninth Amendment concurrence in Griswold are regularly studied in law schools and cited in legal scholarship as significant contributions to the jurisprudence of individual rights.

Goldberg's oral history is preserved in the collections of the Lyndon Baines Johnson Presidential Library, providing a firsthand account of his experiences in the Kennedy and Johnson administrations and his views on the major policy issues of the era.

His records related to wartime intelligence service are also preserved in the National Archives, documenting his work with the Office of Strategic Services during World War II.

Legacy

Arthur Goldberg's career encompassed an unusually broad range of high-level positions in the American government and legal profession. He is one of a small number of individuals to have served in the executive branch, on the Supreme Court, and as an ambassador, reflecting both his versatility and the esteem in which he was held by successive presidents.

His contributions to labor law were foundational. As general counsel to the CIO and architect of the AFL–CIO merger, Goldberg helped shape the institutional structure of the American labor movement at a critical juncture in its history. His work ensured that the legal and organizational framework of organized labor would remain unified through the second half of the twentieth century.

On the Supreme Court, Goldberg's brief tenure belied the significance of his contributions. The Escobedo decision expanded the rights of criminal suspects and set the stage for the Miranda ruling, which became one of the most well-known principles in American criminal law. His concurrence in Griswold articulated a theory of unenumerated rights under the Ninth Amendment that continued to influence debates about constitutional interpretation and the right to privacy for decades after his departure from the bench.

As United Nations ambassador, Goldberg's role in crafting Resolution 242 ensured his place in the history of international diplomacy. The resolution's framework of "land for peace" became a cornerstone of Middle East peace efforts, including the Camp David Accords, the Oslo Accords, and subsequent negotiations.

Goldberg's departure from the Supreme Court at the request of President Johnson remains one of the most discussed episodes in the Court's modern history. The decision has been characterized by legal scholars and historians as a significant personal sacrifice, one that Goldberg himself came to view with regret. His replacement by Abe Fortas, whose own tenure on the Court ended in controversy, has added a further dimension to the historical assessment of Johnson's maneuvering.

Despite the disappointment of his gubernatorial defeat and his departure from the Court, Goldberg's overall record of public service established him as a figure of major importance in twentieth-century American law, labor, and diplomacy. He remains a subject of study for legal scholars, historians of the labor movement, and students of American foreign policy.