Ruins Revisited: The Robert Taft Story

[Emperor Julian]

The Candidates Weigh In
​

The decision over whether or not to confirm Tuttle became an object of controversy on the campaign trail for the Progressives seeking the nomination. Initially, several of the more moderate Senator candidates such as Joshua Lee of Oklahoma, Philip LaFollette of Wisconsin, and Brien McMahon of Connecticut expressed an interest in considering Tuttle's nomination.

Audio of Senator Joshua Lee: "I hope that every Senator, regardless of party, will judge Tuttle on his own qualifications, and not simply vote for him, or for that matter against him, based on partisan affiliation."

Audio of Senator Philip LaFollette: "I will have to meet with Judge Tuttle and hear his view of constitutional law before I can decide. I would not categorically rule out voting for someone before the hearings, no, of course not."

Video of Senator Brien McMahon. He is sitting in front of a mural of nuclear explosions with a smiling family in the clouds: "I do not think that we should make the Supreme Court vote a sort of 'litmus test' if you will, whereby this is the only issue which they should be judged for. While I am unlikely to vote for someone with a record on labor like Tuttle, I would not seek to expel anyone who did so from the Progressive Caucus."

Spoiler: Pictures of Lee, LaFollette, and McMahon

These words gave hope to President Taft that perhaps the Senate would overwhelmingly confirm Tuttle, as was the norm.

Fake Robert Taft voice, reading a memo to Buffett: "Perhaps the Progressives and their allies shall be reasonable in this regard... Surely they understand the American people will tolerate no obstruction."

However, the more radical candidates quickly turned up the heat. While Supreme Court Justice William O'Douglas declined to comment on an issue involving the court, the other radical candidates hit Judge Tuttle for his record and called for him to be blocked.

Audio of Senator Claude Pepper: "Tuttle's confirmation will mark the destruction of the legacy of Floyd Olson and Fiorello LaGuardia!

Audio of Senator Henry Wallace: "I think we should give Judge Tuttle a fair hearing, but I just simply cannot see how any Progressive could vote to confirm him."

Video of Elmer Benson at a rally, giving a furious speech: "If the reactionary, racist conservatives regain a majority on the court... human rights will be trampled, progress will be overturned, and democracy will be in danger. Rivers of blood will flow on the streets of this country if such a horror occurs... We cannot, will not, let that happen!"

Video of Glen H. Taylor, standing next to Paul Robeson and other radical black leaders: "We cannot allow Judge Tuttle merely following the progressive direction of the Supreme Court to be seen as evidence that he is anything other than another conservative judge. This conservative philosophy represents a threat to all workers, of every race and ethnicity!"

Historian Martin Luther King Jr., PhD: "There was a real divide in the Afro-American community, between the more liberal leaders, such as my father, who were generally friendly with President Taft and opposed to obstructionism, and more radical leaders like Paul Robeson, who strongly opposed Taft. While many of the more liberal leaders believed that the radicals were hurting the community and that their ideological extremism made them an enemy to the good in the name of the perfect."

Paul Robeson Jr.: "Taft hadn't dissolved Jim Crow in private places in the South. Many Commonwealth or American state governments still supported racism. And across America, racial discrimination persisted. We needed more than defending the status quo in 1948. We needed radical action. Action no conservative would give."

Martin Luther King: "The radicals had many legitimate grievances with the Taft administration. President Taft proved to be slow moving on civil rights, reluctant to use state action to enact his private ideals, and unwilling to prioritize civil rights. While many radical groups were controlled by Soviet-aligned Communists, they attracted the support they did due to the failures of the Taft Administration."

Historian Marsha Spielberg, PhD: "The already nationalized nature of political news was even more apparent in 1948, as it became next to impossible for people who were not senators to gain the media attention to run. The only non-Senator to be a Progressive candidate, Justice O'Douglas, found that declining to comment on matters of the Supreme Court, while ethical, would doom his poll numbers."

Historian Kyle Anderson, PhD: "I think it's necessary to note that while most of the Progressive candidates were Senators, that many had other experience. Three were former governors and two were cabinet officials. Only Taylor and Lee were truly committed long-term Senators."

The pressure of presidential politics led to LaFollette, Lee, and McMahon issuing subsequent statements with stronger language against Tuttle.

 

[President Eternal]

Well, this is depressingly similar to RL. I figure this won't end well for anyone.

 

[Nyvis]

Well, this is depressingly similar to RL. I figure this won't end well for anyone.

The supreme court is a political organ despite what people may want you to believe. Confirming someone who will overrule what they're going to legislate is just plain betraying their voters.

The supreme court picks will always head in that partisan direction because of what they can do with that power. The only way to fix that is to reform or remove the court all together, and give back to the judiciary and the legislative branches what belong to them, rather than have an appointed for life court legislating with the trappings of a judiciary body.

 

[Archangel]

TTL Supreme Court needs to be depoliticised, with a mix of congressional (Senate and Representatives) appointments (from the majority and minority), presidential appointments, and Supreme Court cooptation or lower courts choice.

 

[Alexander the Average]

TTL Supreme Court needs to be depoliticised, with a mix of congressional (Senate and Representatives) appointments (from the majority and minority), presidential appointments, and Supreme Court cooptation or lower courts choice.

Or they could abolish Judicial Review.

 

[Indicus]

Or they could abolish Judicial Review.

That’s definitely not going to happen. Not in a country which prides itself on “checks and balances” like the US.

 

[Bulldoggus]

Or they could abolish Judicial Review.

Beyond my personal feelings on Judicial Review (which are quite mixed), I doubt that’s likely. That’s almost equivalent to saying “Britain could abolish Parliamentary Sovereignty”.
Of course, the interesting thing with the court is that even with another Taft Justice, the Progressives still have a solid 6-3 majority. There wouldn’t likely be any major rollback on Olson and LaGuardia’s policies. This is much more a Radical factional fight, as their standing on the court would be diminished from a solid hold to a very tenuous one. Interesting times ahead for the Progressives, very much in the Chinese sense. The big question on who wins the factional war within the Progressives could well depend on events abroad. If the Soviets engage on the sort of brutish attacks on the politics of their new Eastern European... friends that it did in OTL (often harshest against Socialist, Labor, and Peasant Parties that didn’t hew to the line), then that could cripple the Radicals. If they decide to let an Intermarium of Finlands do what they want within their own domestic politics, then who knows...

 

[Emperor Julian]

Or they could abolish Judicial Review.

Hypothetical future president Elmer Benson approves.

 

[Alexander the Average]

Hypothetical future president Elmer Benson approves.

Well I know who I'd vote for. If I lived in this timeline. At this point in time. In that country.

 

[Analytical Engine]

Maybe...have the judges not be political appointments at all?

 

[Indicus]

Maybe...have the judges not be political appointments at all?

I agree that the judiciary should be entirely separate from politics.

But the question is, how should judges be selected?

 

[Ariosto]

But the question is, how should judges be selected?

Anyone is allowed to tender their nomination, provided they are either endorsed by a Senator or the President, but all nominees must face off in a tournament of Russian roulette.

Last one standing gets the nod.​

 

[Alexander the Average]

Anyone is allowed to tender their nomination, provided they are either endorsed by a Senator or the President, but all nominees must face off in a tournament of Russian roulette.

Last one standing gets the nod.​

This is a clear example of the disproportionate influence of the gun lobby in American politics. Clearly they should dropped onto an abandoned island in the Pacific and be forced to fight each other to the death Battle Royale style. Those with the wit and acumen to survive will have proven themselves suited to the task of serving on the highest court of the land.

 

[Nyvis]

TTL Supreme Court needs to be depoliticised, with a mix of congressional (Senate and Representatives) appointments (from the majority and minority), presidential appointments, and Supreme Court cooptation or lower courts choice.

This won't change the kind of decisions the court can and will take. Maybe they won't be directly aligned with a party, but they will still legislate with their own biases, because this is more than judiciary work.

If the original goal is to preserve the checks and balances of every branch on the other two, rather than have a purely judiciary supreme court, it should be appointed from within the judiciary directly. It would make a lot more sense considering the initial goal.

I don't know if it's a good idea, but at least it would be true to the original idea than being appointed and confirmed by the other two branches. As it is, it is more of a power from the executive and legislative over the judiciary than the opposite.

 

[Emperor Julian]

The Confirmation Vote
​

As pressure from the presidential race heated up, and with the threat of losing not only the Progressive-Farmer-Labor nomination but also other left-wing fusion nominations, the Progressive Senate caucus soon fell in line against Elbert Tuttle's nomination. Lynn Frazier soon announced that the official Progressive stance was opposing Tuttle. With the Republicans falling in line behind their president's nominee, Taft now had two groups he had to persuade to get Tuttle confirmed. The first was the People's Coalition, led by Lyndon Johnson of Texas.

Senator Lyndon Johnson of (LBJ-TX)
​

Lynda Bird Johnson: "My father was in a very tough spot, politically. President Taft's judges were unfortunately more unpopular in the South for their stance on civil rights than organized labor. My father was always opposed to racism, but had to publicly oppose many civil rights bills earlier in his career to remain in office. While his record wasn't as pro-civil rights as it would become by the 50's, 60's, and 70's, he was still seen as soft on the race issue by many segregationists. His big allies were organized labor; he could not afford to alienate them by backing an opponent of labor."

Taft Biographer Alexander Patterson, PhD: "President Taft knew that the Commonwealth Party would be opposed. Eurith Rivers had personally lost court cases regarding voting rights before Judge Tuttle. But he hoped that if he could attract enough support from the People's Coalition, that he could get Tuttle confirmed with Progressive defections."

The other concern of the President was the right-wing American Party.

Warren Buffett: "My father, the President, and Secretary Hoover met with Styles Bridges in Hoover's office in New York City. Bridges was sympathetic to the idea of a less radical court. But with the majority of his caucus from the South, Bridges was trapped. My father came home from that trip, bitterly angry that 'the racists have control over Bridges'."*

Both Lyndon Johnson and Styles Bridges would announce their opposition to Tuttle's nomination.

Footage of Vice President Saltonstall speaking: "The norms of American governance cannot be overthrown... there is no basis to deny Judge Tuttle this appointment, for his credentials and record are spotless. This is ideological grandstanding by Senator Frazier and will be rejected by the American people."

Despite a strong campaign by the President and Vice President in favor of Tuttle, they were unable to win over enough Progressive votes to prevent him from being rejected by the Senate 60-38.

Alexander Patterson: "I think President Taft was truly disappointed in the political system of America. I think he knew that Tuttle was a qualified nominee and was shocked that the Progressives would actually reject someone entirely on ideology, when they had not been so obstructionist for the lower courts."

Historian Marsha Spielberg, PhD: "While the Republicans had overwhelmingly opposed President LaGuardia's nominees for the Supreme Court, I think they assumed that the Progressives would not return the favor when the actual fate of the nominee was on the line."

Former Mayor and Congressman Roy Cohn (PFL-NY): "Listen, the Republicans all voted against my father and every other nominee LaGuardia suggested. Every one, regardless of qualifications. Then, after the Progressives gave them two replacement conservatives for free, they expect the Progressives to let them shift the court right with a far right union-hater? Give me a break." Footage of a young Cohn with Henry Wallace and other Progressive members of the Internal Security Committee during the Second Silver Scare is shown.

*The ABC declined to air the actual quote Buffett says his father uttered, that being "The Nigger-Hating League have Bridges' balls in a fucking vice" and required Warren Buffett to censor it

 

[GrasshopperKing]

Roy Cohn as PFL. Good lordt. Although if they remain the party of social progressives and such things continue to move at a more rapid clip than OTL, I could see why he might be drawn that way, especially considering his family and the general political tendencies of American Jews. What has his dad been up to, anyway?

 

[Emperor Julian]

Roy Cohn as PFL. Good lordt. Although if they remain the party of social progressives and such things continue to move at a more rapid clip than OTL, I could see why he might be drawn that way, especially considering his family and the general political tendencies of American Jews. What has his dad been up to, anyway?

His dad's been pretty consistently one of the most left-wing Justices on the Supreme Court for the past decade.

 

[Nyvis]

The progressives have it right, here. The supreme court is inherently political in its mandate. The idea that simply having a clean judicial record is enough to be a good appointment to a court taking far reaching moral and social decisions is simply ignoring reality. If that wasn't the case, justices wouldn't be political appointees.

 

[Emperor Julian]

Retaliation
​

Warren Buffett: "The President was obviously upset, and I think the moderates, like Saltonstall and Dewey, drew his ire most, because they were the ones who had suggested Tuttle. My father had wanted him to take a harder stance to begin with, nominate someone really conservative. And this time, the President listened."

Taft nominated John Marshall Harlan for the Supreme Court. Harlan, grandson of another Supreme Court justice of the same name, was considered a staunch conservative.

John Marshall Harlan II​

Law historian James R. Hill, J.D. PhD: "Harlan had worked for Dewey in the New York government, as counsel to the governor. When Dewey became Attorney General, he stayed in New York, being appointed acting state Attorney General for the last two years. He was then appointed to the Second Circuit Court of Appeals in 1947. The summer of '47 was one with several cases regarding the incorporation of the Bill of Rights. Harlan opposed this new doctrine, putting him at odds with the majority on the Warren Court."

Historian Martin Luther King Jr., PhD: "Harlan's judicial record was brief. His legal record was longer. Both showed him as an ardent foe of racists... and an ardent ally to law enforcement. With the memory of the tragic events at Galahad College fading from mind, many on the left were increasingly less likely to back such policies."

Historian Marsha Spielberg, PhD: "Harlan had a record that put him against labor, that put him against the Communists, that put him as the most conservative person who would be appointed to the court since before the Great Depression."

Warren Buffett: "My father knew what he was doing. He wanted to confront the left. He wanted a fight, because he thought that in the election, the people would side with the president in a fight."

Marsha Spielberg: "Buffett was very conservative, and very aggressive. He had little tolerance for the American Party, who he regarded poorly, but ideologically he was very close to their non-Southern members. He wanted Taft to energize the right."

As the country debated the President's newest nominee, a scandal broke out in the Progressive Presidential race. On January 3rd, Henry Wallace was revealed as to have been in correspondence with Russian immigrant mystic Nicholas Roerich. The so-called guru letters revealed a deep fascination on Wallace's part with eastern religious traditions.

Images of political cartoons from 1948 showing Wallace in stereotypical 'Swami' clothing are shown.

Nicholas Roerich​

Historian Kyle Anderson, PhD: "Henry Wallace was a Christian, but he's strayed into areas of spirituality which were considered highly unusual at the time. Combined with out-of-context quotes from private letters, and it created this atmosphere of Wallace being portrayed as some occultist pagan."

Two weeks later, even worse news broke out for Wallace. Letters between Roerich, colleagues of his, and notorious cult leader and terrorist William Dudley Pelley were unearthed. Pictures of Wallace meeting with various figures tangentially connected to more mystics who Pelley may or may not have been in limited contact with were also released.

Roy Cohn, Former Mayor and Congressman (PFL-NY): "It was a hit job, plain and simple. They hated Wallace because he was the only one brave enough to go after the fascists in the government. They dragged up some private communications with philosophical musings and used it to make him look like a crazy wizard. They played the game of telephone to make it seem like he was affiliated with that maniac Pelley."

Kyle Anderson: "Wallace protested the attacks, and I think after the initial media hysterics died down, he made a good case and restored his name. However, he assumed that the attacks were coming from his fellow rivals for the Progressive nomination. He had intended for Benson to make him look more moderate, and for Pepper and Taylor to win demographics for the Radicals that he couldn't. But I think after the letters, he thought his former Progressive rivals had betrayed him. He went on the offensive, and it cost him."

Henry Wallace, video footage of a speech: "Elmer Benson has been wrong on every issue regarding anti-corruption measures. While governor of Minnesota, he lost in the courts five times trying to prevent disclosures of wasteful spending." A clip from later in the speech. "Claude Pepper has worked with numerous segregationists in the state of Florida." Another clip. "Senator Taylor has met with President Taft more than any other Progressive not in the Senate leadership."

Paul Robeson, recorded audio of a speech: "Wallace is attacking Taylor for working on voting rights with President Taft. Now you know what I think of the President." Laughter. "And you know I think the bill we got was a compromise. But you can't condemn Taylor for delivering more than any other Senator in since 1870 and call yourself an ally of the negro community!"

Wallace's momentum led him to win the first primary in Nebraska. However, his victory was much narrower than initially expected, with Lee and Taylor surging at his expense. While his defeat in Massachusetts to McMahon was expected, the fourth place finish contributed to a narrative that Wallace's campaign was in a spiral. Another closer than expected victory in South Dakota contributed to this narrative. The only subsequent state he would win was Iowa, and he dropped out of the race before the primaries were over.

Marsha Spielberg: "Henry Wallace had alienated his former allies. His attacks backfired, making him seem unpresidential, unreliable, and temperamental. The so-called 'guru letters' hurt his image among the American people, and discredited a former cabinet secretary and major U.S. Senator in the eyes of many voters and throughout much of the media."

Kyle Anderson: "He lost newspaper endorsements, union endorsements, farmer association endorsements. It was an embarrassing defeat, and I think it prevented Wallace from ever looking like a possible presidential contender again. He never regained his level of leadership. What's interesting is that as far as we can tell, the initial publications did not get the letters from Progressive rivals. They got it from Republican operatives."

Roy Cohn: "See, if they released it in the general, maybe they'd ensure they won. But they wanted to destroy Wallace's reputation in the PFL. This wasn't political, this was personal. They hated Wallace because he stood up to fascism, racism, and imperialism. Wallace made sure those forces didn't win. You think a gay Jew could have been elected mayor of New York if they'd won? I don't think so. You think we'd be the country with the highest standard of living in the world if they'd won? I don't think so. People talk about the 'formerly United Kingdom', well we'd be 'the formerly United States' if we went the same way England, well, Britain then, went, giving into the right. Mark my words."

Warren Buffett: "I think my father felt that there needed to be some sort of retaliation for the rejection of Tuttle. He blamed Wallace and the pull over the media. He said it was a threat to American democracy, and a threat to civil liberties. And he was angry. It was more than just a political calculation."

Senator Henry Wallace​

 

[GrasshopperKing]

Ooh, now this opens things up quite a bit. Let's go, Singing Cowboy!