THE DETROIT JEWISH NEWS
18 Friday, October 15, 1982
'Felix Frankfurter and His Times'
M LTER
Felix Frankfurter is a
name inerasable from the
history of the Franklin D.
Roosevelt era.
He rose to great heights,
conquering his background
of coming from an immig-
rant Jewish family. He
made his. mark as a profes-
sor of law at Harvard. He
was one of FDR's strongest
OF HARVARD ROW .
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New Deal supporters. He
was controversial, yet
highly respected.
He was the confidante of
Louis D. Brandeis and he
shared with the great Sup-
reme Court Justice who
preceded him on the High.
Court the Zionist devotions.
The Frankfurter story
is related with fascina-
tion in a masterful biog-
raphy, "Felix
Frankfurter and His
Times: The Reform
Years" (Free Press), in
which Prof. Michael E.
Parrish of the University
of California at San Diego
also discusses issues re-
lated to the High Court, to
Roosevelt's . plan to pack
it, to the tragic events
that led to World War II
and the struggles againSt
Nazism.
There were two other
Supreme Court justices who
were Jewish and there was
controversy over
Frankfurter's appointment.
Benjamin Cardozo died and
an opening was created, yet
there was a bitter division
among Roosevelt's advisers
as to the choice to be made.
Prof. Parrish makes a com-
ment which has great bear-
ing on the view that persists
that Roosevelt had not fully
supported the Zionist cause.
The appointment is thus
explained by Prof. Parrish:
. . . where art doesn't
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FELIX FRANKFURTER
"By putting Frankfurter
on the Court, Roosevelt also
made a symbolic gesture of
support for American
Zionists at a time when
even symbolic gestures had
become important to their
hopes. The Peel Report of
July 1937 had recom-
mended the partition of
Palestine into two states —
one Arab and one Jewish —
and while this particular
solution had been shelved a
year later, the British had
set a course designed to re-
strict new Jewish immigra-
tion into Palestine and to
limit the area of their set-
tlements.
"Frankfurter and Bran-
deis had both spoken force-
fully to FDR about the in-
justice of British policy; the
President expressed sym-
pathy, but he was not pre-
pared to apply diplomatic
pressure to Great'Britain —
even in the wake of the -
Anschluss, Munich, and the
Nazis' murderous anti-
Semitic campaigns.
"Unable and perhaps un-
willing to support the
Zionists on the most impor-
tant issue, he nonetheless
named one of them to the
nation's highest court.
"By early January, in
addition, Brandeis' fail-
ing health made it clear
that he could not long
continue on the bench.
Grippe, followed by a
heart attack, brought his
letter of retirement five
weeks after Roosevelt
sent Frankfurter's name
to the Senate. The politi-
cal problem of two
Jewish justices, both
from Massachusetts,
serving at the same time,
became moot."
The encyclopedic Parrish
account of Frankfurter's life
throws light on all of the
events in the crucial years
under review. The Jewish
aspects have special signifi-
cance.
The story of Felix's
father, Leopold, who aban-
doned rabbinic studies, of
his uncle Solomon who be-
came a Nazi victim in Vie-
nna, relate to the Jewish
background.
Frankfurter, with Bran-
deis, was- in the thick of
pioneering American
Jewish efforts for Zionism.
Both could have been con-
sidered Herzlian Zionists.
They had their roles during
the period of the Balfour
Declaration. They had their
opponents and this is evi-
dent in this Parrish expla-
nation: •
"Not even Brandeis'
eloquence compensated
for the immediate weak-
nesses of the Zionist
organization in the
United States. When he
assumed leadership of
the Provisional Execu-
five Committee for Gen-
eral Zionist Affairs in the
summer of 1914, the
treasury contained only
$15,000 and total mem-
bership stood at 12,000.
"Four years later, at the
time of the Paris Peace Con-
ference, the Zionist Organ-
ization of America had re-
cruited 175,000 members
and managed an annual
budget in excess $3 million.
"Brandeis may have
hated bigness, but Zionism
became an exception. He
welded together the old-
time Zionist leaders such as
deHaas, Louis Lipsky and
Richard Gottheil with the
new converts such as
Frankfurter and Mack into
an efficient instrument for
raising money and recruit-
ing members. 'Organize,
Organize, Organize,' he
commanded, 'until every
Jew in America must stand
up and be counted, counted
with us, or prove himself,
wittingly or unwittingly, of
a few who are against their
own people.'
"In addition to forging an
effective group of leaders,
Brandeis and his allies
faced the vehement opposi-
(Continued on Page 19)
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