Favorable or Unfavorable #118: Pierce Butler (II)

[vcczar]

Justice Pierce Butler of MN was one of the more conservative judges of his time and one of the first Catholics. His confirmation was strongly opposed by progressives, labor unions, and because he was Catholic, the KKK. I think Harding's appointment was made, not only to gain Catholic support (he wasn't going to win the KKK heavy South, so upsetting them wasn't an issue) but possibly to normalize Catholic politicians in politics. It might be possible that if Butler wasn't made a justice in 1922, that Al Smith might not have been Democratic nominee in 1928. Who knows. 

This Pierce Butler is not related (at least not recently) to the more famous Pierce Butler of South Carolina, who only has 4 actions and, therefore, no poll. Most of Butler's actions are before the 1788 election. This Pierce Butler was born in Ireland, descendant of significant Anglo-Irish nobility, and Justice Butler's parents were both born in Ireland (explains the Catholicism), so the two Butlers are possibly distant cousins with a common Butler ancestor in Ireland. I actually descent from the same Butler line, when the Anglo-Norman invasion occurs and leaves the Butlers as one of the occupation dynasties of the Ireland. My last male Butler is James Butler, 3rd Earl of Ormand (died 1405), a descendant of King Edward I, who is my most recent common royal ancestors, to my knowledge. Many Americans (poss. 25%) have can authentically verify royal descent through proven gateway ancestors, although most Americans with early colonial ancestors are probably royally descended, they probably can't prove it and may remain unprovable. Americans with royal ancestors typically descend from King Edward III or an earlier monarch. This is because the migrations that occurred in the 1600s, unlike later migrations, tended to involve landed gentry, who were the descendant of young sons of nobles who often didn't inherit titles. The landed gentry are mostly centralized in VA and MA, but they landed in all the original colonies. The South Carolina Pierce Butler is unusual in that he's closely-related to nobility. His father was a baronet (lowest noble title) and descendent from the 9th Earl of Ormand. 

His actions:

Butler, Pierce (II)	1922	Confirmed to the SC for Harding, but faces some noticeable opposition.
Butler, Pierce (II)	1927	Sole dissenter in Buck v. Bell, which upheld eugenicist practice of compulsory sterilization
Butler, Pierce (II)	1928	Dissents in Olmstead v. US, which upheld federal wiretapping
Butler, Pierce (II)	1933	One of the Four Horsemen often opposing New Deal in cases
Butler, Pierce (II)	1939	Dies in office

[vcczar]

I know he opposed the New Deal, but fortunately he was in the minority, so I can overlook this. I'm favoring him for his two notable dissents, which are admirable.