William H. Hastie

Legal work

Hastie entered the private practice of law in Washington, D.C. from 1930 to 1933.^[7] From 1933 to 1937 he served as assistant solicitor for the United States Department of the Interior,^[7] advising the agency on racial issues.^{[citation needed]} He had worked with his second cousin, Charles Hamilton Houston, to establish a joint law practice.^[8]

In 1937, President Franklin D. Roosevelt appointed Hastie to the District Court of the Virgin Islands,^[9] making Hastie the first African-American federal judge.^[5] This was a controversial action; Democratic United States Senator William H. King of Utah, the Chairman of the United States Senate Committee on the Judiciary called Hastie's appointment a "blunder." King opposed any nominee who supported Black equality.^[10]

In 1939, Hastie resigned from the court to become the Dean of the Howard University School of Law, where he had previously taught.^[2] One of his students was Thurgood Marshall, who led the Legal Defense Fund for the NAACP and was appointed as a United States Supreme Court Justice.^{[citation needed]}

Hastie served as a co-lead lawyer with Thurgood Marshall in the voting rights case of Smith v. Allwright, 321 U.S. 649 (1944) in which the Supreme Court ruled against white primaries.^[11] One of Houston's sons became a name partner at the law firm.^{[citation needed]}

World War II

During World War II, Hastie worked as a civilian aide to the United States Secretary of War Henry Stimson from 1940 to 1942.^[7] He vigorously advocated the equal treatment of African Americans in the United States Army and their unrestricted use in the war effort.^[12]

On January 15, 1943, Hastie resigned his position in protest against racially segregated training facilities in the United States Army Air Forces, inadequate training for African-American pilots, and the unequal distribution of assignments between whites and non-whites.^[12] That same year, he received the Spingarn Medal from the NAACP, both for his lifetime achievements and in recognition of this protest action.^[13]

In 1946, President Harry S. Truman appointed Hastie as Territorial Governor of the United States Virgin Islands.^[7] He was the first African American to hold this position. Hastie served as governor from 1946 to 1949.^[7]

Federal judicial service

Hastie received a recess appointment from President Harry S. Truman on October 21, 1949, to the United States Court of Appeals for the Third Circuit, to a new seat authorized by 63 Stat. 493, becoming the first African-American federal appellate judge. He was nominated to the same position by President Truman on January 5, 1950. He was confirmed by the United States Senate on July 19, 1950, and received his commission on July 22, 1950. He served as Chief officer as a member of the Judicial Conference of the United States from 1968 to 1971. He assumed senior status on May 31, 1971. He was a Judge of the Temporary Emergency Court of Appeals from 1972 to 1976. His service terminated on April 14, 1976, when he died in Philadelphia while he was playing golf.^[7][14]

Supreme Court consideration

As the first African American on the Federal bench, Hastie was considered as a possible candidate to be the first African-American Justice of the Supreme Court. In an interview with Robert Penn Warren for the book Who Speaks for the Negro?, Hastie commented that as a judge, he had not been able to be "out in the hustings, and to personally sample grassroots reaction" but that for the Civil Rights Movement to succeed, both class and race must be considered.^[15]

In 1962, President John F. Kennedy considered appointing Hastie to succeed retiring Justice Charles Whittaker.^[16] But due to political calculations he did not do so, as he believed that an African-American appointee would have faced fierce opposition in the United States Senate from Southerners such as James Eastland (D-Mississippi), the chairman of the Judiciary Committee. Conversely, on issues other than civil rights, Hastie was considered relatively moderate, and Chief Justice Earl Warren was reportedly "violently opposed" to Hastie, as he would be too conservative as a justice.^[16] Justice William O. Douglas reportedly told Robert F. Kennedy that Hastie would be "just one more vote for Frankfurter."^[16] Kennedy appointed Byron White instead.

Kennedy said that he expected to make several more appointments to the Supreme Court in his presidency and that he intended to appoint Hastie to the Court at a later date.^[17]