Бенджамин Кардозо: Жизнь и карьера американского юриста и судьи Верховного суда США.

US Supreme Court justice from 1932 to 1938

Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. He won an election to the New York Supreme Court in 1913 but joined the New York Court of Appeals the following year. He won election as Chief Judge of that court in 1926. As Chief Judge, he wrote majority opinions on cases such as Palsgraf v. Long Island Railroad Co. In 1932, President Herbert Hoover appointed Cardozo to the U. S. Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until his death in 1938, and formed part of the liberal bloc of justices known as the Three Musketeers. He wrote the Court's majority opinion in notable cases such as Nixon v. Condon (1932) and Steward Machine Co. v. Davis (1937).

Cardozo, the son of Rebecca Washington (née Nathan) and Albert Jacob Cardozo, was born in 1870 in New York City. Both Cardozo’s maternal grandparents, Sara Seixas and Isaac Mendes Seixas Nathan, and his paternal grandparents, Ellen Hart and Michael H. Cardozo, were Western Sephardim of the Portuguese Jewish community, and affiliated with Manhattan’s Congregation Shearith Israel. Their ancestors had immigrated to the British colonies from London, England, before the American Revolution. The family were descended from Jewish origin New Christian conversos. They left the Iberian Peninsula for Holland during the Inquisition. But ”Cardozo” (archaic spelling of Cardoso), ”Seixas”, and ”Mendes” are the Portuguese, rather than Spanish, spelling of those common Iberian surnames. Benjamin Cardozo had a fraternal twin, his sister Emily. They had four other siblings, including an older sister Nell and older brother. Benjamin was named for his uncle, Benjamin Nathan, a vice president of the New York Stock Exchange, who was murdered in 1870. The case was never solved. Among their many cousins, given their deep history in the US, was the poet Emma Lazarus. Other earlier relations include Francis Lewis Cardozo (1836–1903), Thomas Cardozo, and Henry Cardozo, free men of color of Charleston, South Carolina. Francis became a Presbyterian minister in New Haven, Connecticut, after education in Scotland, and was elected Secretary of State of South Carolina during the Reconstruction era. Later he worked as an educator in Washington, DC, under a Republican administration. Albert Cardozo, Benjamin Cardozo’s father, was a judge on the Supreme Court of New York (the state’s general trial court) until 1868. He was implicated in a judicial corruption scandal sparked by the Erie Railway takeover wars and was forced to resign. The scandal also led to the creation of the Association of the Bar of the City of New York. After leaving the court, the senior Cardozo practiced law for nearly two decades more until his death in 1885. When Benjamin and Emily were young, their mother Rebecca died. The twins were raised during much of their childhood largely by their sister Nell, who was 11 years older. Benjamin remained devoted to her throughout his life.

One of Benjamin’s tutors was Horatio Alger. At age 15, Cardozo entered Columbia University, earning his BA in 1889 and his MA in 1890. He was admitted to Columbia Law School in 1889. Cardozo wanted to enter a profession that could enable him to support himself and his siblings, but he also hoped to restore the family name, which had been sullied by his father’s actions as a judge. Cardozo left law school after two years without a law degree, as only two years of law school was required to sit for the bar during this era in New York.

Cardozo passed the bar examination in 1891 and began practicing appellate law alongside his older brother. Interested in advancement and restoring the family name, Cardozo ran for a judgeship on the New York Supreme Court. In November 1913, Cardozo was elected by a large margin to a 14 year term on that court and took office on January 1, 1914.

In February 1914, Cardozo was designated to the New York Court of Appeals under the Amendment of 1899. He was reportedly the first Jewish person to serve on the Court of Appeals. In January 1917, he was appointed by the governor to a regular seat on the Court of Appeals to fill the vacancy caused by the resignation of Samuel Seabury. In November 1917, he was elected on the Democratic and Republican tickets to a 14 year term on the Court of Appeals. In 1926, he was elected, on both tickets again, to a 14 year term as Chief Judge. He took office on January 1, 1927, and resigned on March 7, 1932 to accept an appointment to the United States Supreme Court. His tenure was marked by a number of original rulings, in tort and contract law in particular. This is partly due to timing; rapid industrialization was forcing courts to look anew at old common law components to adapt to new settings.

On February 15, 1932, President Herbert Hoover nominated Cardozo as an associate justice of the United States Supreme Court, to succeed Oliver Wendell Holmes. The New York Times said of Cardozo’s appointment that "seldom, if ever, in the history of the Court has an appointment been so universally commended." The Democrat Cardozo's appointment by a Republican president has been referred to as one of the few Supreme Court appointments in history that was not motivated by partisanship or politics, but strictly based on the nominee's contribution to law. He was confirmed by the U. S. Senate on February 24, 1932, The entire faculty of the University of Chicago Law School had urged Hoover to nominate Cardozo, as did the deans of the law schools at Harvard, Yale, and Columbia. Justice Harlan Fiske Stone strongly urged Hoover to name Cardozo, even offering to resign to make room for him if Hoover had his heart set on someone else (Stone had suggested to Calvin Coolidge that he should nominate Cardozo in 1925 before Stone). Hoover originally demurred; he was concerned that there were already two justices from New York, and a Jew on the court. Justice James McReynolds was a notorious anti Semite. When the chairman of the Senate Foreign Relations Committee, William E. Borah of Idaho, added his strong support for Cardozo, however, Hoover finally bowed to the pressure. Cardozo was a member of the Three Musketeers, along with Brandeis and Stone, who were considered to be the liberal faction of the Supreme Court. In his years as an associate justice, Cardozo wrote opinions that stressed the necessity for the tightest adherence to the Tenth Amendment.

Cardozo received the honorary degree of LL. D. from several colleges and universities, including: Columbia (1915); Yale (1921); New York (1922); Michigan (1923); Harvard (1927); St. John’s (1928); St. Lawrence (1932); Williams (1932); Princeton (1932); Pennsylvania (1932); Brown (1933); and Chicago (1933).