In 1921, when Chief Justice Edward Douglass White died, President
Warren G. Harding nominated Taft to take his place, thereby fulfilling Taft's lifelong ambition to become Chief Justice of the United States. Virtually no opposition existed to the nomination, and the
Senate unanimously confirmed Taft by
voice vote. He readily took up the position, serving until 1930. As such, he became the only President to serve as Chief Justice, and thus is also the only former President to swear in subsequent Presidents, giving the oath of office to both
Calvin Coolidge (in 1925) and
Herbert Hoover (in 1929). He remains the only person to have led both the
Executive and
Judicial branches of the
United States government. He considered his time as Chief Justice to be the highest point of his career: he allegedly once remarked, "I don't remember that I ever was President."
In 1922, Taft traveled to
England to study the procedural structure of the English courts and learn how they disposed of such a large number of cases in such an expeditious manner. During the trip,
King George V and
Queen Mary received Taft and his wife as state visitors. With what he had learned in England, Taft advocated passage of the
Judiciary Act of 1925 (often called the "Judges Bill"), which shifted the Supreme Court's appellate jurisdiction to be exercisable principally on review by
writ of certiorari, thereby empowering the Supreme Court to give preference to cases of national importance and allowing the Court to work more efficiently. In addition to giving the Court more control over its docket, the new legislation (and the Judicial Conference that Taft organized) gave the Supreme Court and the Chief Justice general supervisory power over the scattered and disorganized federal courts, bringing the District of Columbia and the territories within the federal system, uniting the courts for the first time as an independent third branch of government (contrary to the British model) under the administrative supervision of the Chief Justice of the United States. Taft was also the first Justice to employ two full-time
law clerks.
In 1929, Taft successfully argued for the construction of the
Supreme Court Building, reasoning that the court needed to distance itself from Congress as a separate branch of government. Until then, the Court had heard cases in
the old Senate Chamber of the
Capitol; the justices had no chambers and their conferences were held in a room in the basement. Taft, however, did not live to see the building's completion in 1935.
While Chief Justice, Taft wrote the opinion for the Court in 256 cases out of the Court's ever-growing caseload. His philosophy of
constitutional interpretation was essentially historical
contextualism. Some of his more notable opinions include:
*
Bailey v. Drexel Furniture Co., (opinion for the Court)
** Holding the 1919 Child Labor Tax Law unconstitutional.
*
Balzac v. Porto Rico, (opinion for the Court)
** Ruling that the
Fourteenth Amendment did not apply the criminal provisions of the
Bill of Rights to overseas territories. This was one of the more famous of the "
Insular Cases."
*
Adkins v. Children's Hospital, (dissenting opinion)
** Disapproving of the Court upholding
Lochner v. New York.
*
Myers v. United States, (opinion for the Court)
** Ruling that the President of the United States had the power unilaterally to dismiss executive appointees who had been confirmed by the Senate.
*
Gong Lum v. Rice, (opinion for the Court)
** Reluctantly ruling that the
Fourteenth Amendment did not prohibit
Mississippi's prevention of
Asian children attending
white schools in the midst of
racial segregation.
*
Olmstead v. United States, (opinion for the Court)
** Ruling that the judicial practice of excluding evidence obtained without a warrant was based on the
Fourth Amendment's proscription on unreasonable
search and seizure but did not apply to
wiretaps.
*
Wisconsin v. Illinois, (opinion for the Court)
** Holding that the equitable power of the United States can be used to impose positive action on the states in a situation in which nonaction would result in damage to the interests of other states.
*
Old Colony Trust Co. v. Commissioner, (opinion for the Court)
** Holding that where a third party pays the
income tax due to an individual, the amount of tax paid constitutes additional income to the taxpayer.