Thurman Arnold
Encyclopedia
Thurman Wesley Arnold was an iconoclastic Washington, D.C. lawyer. He was best known for his trust-busting campaign as Assistant Attorney General
in charge of the Antitrust
Division in Franklin Delano Roosevelt's Department of Justice
from 1938 to 1943. Before coming to Washington in 1938, Arnold was the mayor of Laramie, Wyoming
, and then a professor at Yale Law School
, where he took part in the legal realism
movement, and published two books: The Symbols of Government (1935) and The Folklore of Capitalism (1937). A few years later, he published The Bottlenecks of Business (1940).
, which grew to be a small city and location of the University of Wyoming
. He began his university studies at Wabash College
, but transferred to Princeton
, earning his B.A.
in 1911. He earned his law degree from Harvard Law School
in 1914. He served in World War I
, rising to the rank of lieutenant in the U.S. Army (Field Artillery)
and worked briefly in Chicago before returning to Laramie, where he was a member of the Wyoming House of Representatives
in 1921 and then mayor from 1923-1924. He develeoped a reputation as a maverick lawyer.
He was a Lecturer at the University of Wyoming
from 1921 to 1926. He was dean of the College of Law at West Virginia University
from 1927 to 1930. He was a visiting professor at Yale from 1930 to 1931; he was then a full professor of law there from 1931 to 1938. He was a special assistant to general counsel of the Agricultural Adjustment Administration in 1933. He was an assistant U.S. Attorney general of U.S. Department of Justice from 1938 to 1943.
As chief competition lawyer for the United States government, Arnold launched numerous studies to support the antitrust
efforts in the late 1930s. He targeted the American Medical Association
in their anti-competitive efforts against health plans. The Roosevelt administration later de-emphasized antitrust enforcements, for the stated purpose of allowing corporations to concentrate on contributing to victory in World War II
.
In 1943, Arnold was appointed as a judge of the United States Court of Appeals for the District of Columbia Circuit
, succeeding Wiley B. Rutledge, who had been promoted to the U.S. Supreme Court. He was "kicked upstairs" by FDR to the Court of Appeals in order to get him out of the Antitrust division. Although it had some responsibility for review of decisions by federal administrative agencies, during Arnold's tenure the court's primary role was reviewing decisions of local trial courts involving routine civil and criminal
matters arising in Washington, D.C.
. Arnold was never happy during his time on the court, resigning after only two years on the bench
. As an explanation of his decision, he told observers he "would rather be speaking to damn fools than listening to damn fools." He returned to private practice in Washington, DC where, along with Paul A. Porter
and Abe Fortas
, he co-founded the law firm known today as Arnold & Porter
.
and granddaughter of Cissy Patterson
, owner of the Washington Times-Herald
.
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
in charge of the Antitrust
Competition law
Competition law, known in the United States as antitrust law, is law that promotes or maintains market competition by regulating anti-competitive conduct by companies....
Division in Franklin Delano Roosevelt's Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
from 1938 to 1943. Before coming to Washington in 1938, Arnold was the mayor of Laramie, Wyoming
Laramie, Wyoming
Laramie is a city in and the county seat of Albany County, Wyoming, United States. The population was 30,816 at the . Located on the Laramie River in southeastern Wyoming, the city is west of Cheyenne, at the junction of Interstate 80 and U.S. Route 287....
, and then a professor at Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, where he took part in the legal realism
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
movement, and published two books: The Symbols of Government (1935) and The Folklore of Capitalism (1937). A few years later, he published The Bottlenecks of Business (1940).
Biography
Thurman was born in the frontier ranch town of Laramie, WyomingLaramie, Wyoming
Laramie is a city in and the county seat of Albany County, Wyoming, United States. The population was 30,816 at the . Located on the Laramie River in southeastern Wyoming, the city is west of Cheyenne, at the junction of Interstate 80 and U.S. Route 287....
, which grew to be a small city and location of the University of Wyoming
University of Wyoming
The University of Wyoming is a land-grant university located in Laramie, Wyoming, situated on Wyoming's high Laramie Plains, at an elevation of 7,200 feet , between the Laramie and Snowy Range mountains. It is known as UW to people close to the university...
. He began his university studies at Wabash College
Wabash College
Wabash College is a small, private, liberal arts college for men, located in Crawfordsville, Indiana. Along with Hampden-Sydney College and Morehouse College, Wabash is one of only three remaining traditional all-men's liberal arts colleges in the United States.-History:Wabash College was founded...
, but transferred to Princeton
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
, earning his B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1911. He earned his law degree from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1914. He served in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, rising to the rank of lieutenant in the U.S. Army (Field Artillery)
and worked briefly in Chicago before returning to Laramie, where he was a member of the Wyoming House of Representatives
Wyoming House of Representatives
The Wyoming House of Representatives is the lower house of the Wyoming State Legislature. There are 60 Representatives in the House, representing an equal amount of single-member constituent districts across the state, each with a population of at least 9,000. The House convenes at the Wyoming...
in 1921 and then mayor from 1923-1924. He develeoped a reputation as a maverick lawyer.
He was a Lecturer at the University of Wyoming
University of Wyoming
The University of Wyoming is a land-grant university located in Laramie, Wyoming, situated on Wyoming's high Laramie Plains, at an elevation of 7,200 feet , between the Laramie and Snowy Range mountains. It is known as UW to people close to the university...
from 1921 to 1926. He was dean of the College of Law at West Virginia University
West Virginia University
West Virginia University is a public research university in Morgantown, West Virginia, USA. Other campuses include: West Virginia University at Parkersburg in Parkersburg; West Virginia University Institute of Technology in Montgomery; Potomac State College of West Virginia University in Keyser;...
from 1927 to 1930. He was a visiting professor at Yale from 1930 to 1931; he was then a full professor of law there from 1931 to 1938. He was a special assistant to general counsel of the Agricultural Adjustment Administration in 1933. He was an assistant U.S. Attorney general of U.S. Department of Justice from 1938 to 1943.
As chief competition lawyer for the United States government, Arnold launched numerous studies to support the antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
efforts in the late 1930s. He targeted the American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
in their anti-competitive efforts against health plans. The Roosevelt administration later de-emphasized antitrust enforcements, for the stated purpose of allowing corporations to concentrate on contributing to victory in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
In 1943, Arnold was appointed as a judge of the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
, succeeding Wiley B. Rutledge, who had been promoted to the U.S. Supreme Court. He was "kicked upstairs" by FDR to the Court of Appeals in order to get him out of the Antitrust division. Although it had some responsibility for review of decisions by federal administrative agencies, during Arnold's tenure the court's primary role was reviewing decisions of local trial courts involving routine civil and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
matters arising in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. Arnold was never happy during his time on the court, resigning after only two years on the bench
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. As an explanation of his decision, he told observers he "would rather be speaking to damn fools than listening to damn fools." He returned to private practice in Washington, DC where, along with Paul A. Porter
Paul A. Porter
Paul Aldermandt Porter was an American lawyer and politician. He served as chairman of the Federal Communications Commission from 1944 to 1946. He later joined Washington, DC law firm Arnold & Fortas, now known as Arnold & Porter.Born in Joplin, Missouri, Porter's family moved to Winchester,...
and Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
, he co-founded the law firm known today as Arnold & Porter
Arnold & Porter
Arnold & Porter LLP is a nine-office international law firm based in Washington, D.C. Arnold & Porter is well known for its trial, corporate, and antitrust work, and for its pro bono commitments and support for liberal causes.-History:...
.
Personal
Thurman married his lifelong partner Frances Longan Arnold on September 4, 1917. They had two children, Thurman Jr. and George, both of whom enjoyed successful careers in the law. George married and raised a family with Elen Pearson, daughter of columnist Drew PearsonDrew Pearson (journalist)
Andrew Russell Pearson , known professionally as Drew Pearson, was one of the best-known American columnists of his day, noted for his muckraking syndicated newspaper column "Washington Merry-Go-Round," in which he attacked various public persons, sometimes with little or no objective proof for his...
and granddaughter of Cissy Patterson
Cissy Patterson
Eleanor Josephine Medill "Cissy" Patterson was an American journalist and newspaper editor, publisher and owner...
, owner of the Washington Times-Herald
Washington Times-Herald
The Washington Times-Herald was an American daily newspaper published in Washington, D.C.. It was created by Cissy Patterson, when she bought the Herald and the Times from William Randolph Hearst, and merged them. The result was a '24 hour' newspaper, with 10 editions per day, from morning to...
.
Biographical sources
- Arnold, Thurman. Fair Fights and Foul; a Dissenting Lawyer's Life.
- Arnold, Thurman (edited by Gressley, Gene M.). Voltaire and the Cowboy: The Letters of Thurman Arnold . ISBN 0-87081-073-1
Primary sources
- Arnold, Thurman. The Bottlenecks of Business. ISBN 1-58798-085-1
- Arnold, Thurman. The Folklore of Capitalism. ISBN 1-58798-025-8
- Arnold, Thurman. The Symbols of Government.