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{{Short description|
{{Use mdy dates|date=May 2011}}
{{Infobox judge
| honorific-prefix =
| name = Charles Evans Whittaker
| honorific-suffix =
| image = Charles Whittaker.jpg
| alt =
| caption = Charles Evans Whittaker, {{circa|1956}}
| office = [[Associate Justice of the Supreme Court of the United States]]
| term_start = March
| term_end = March 31, 1962
|
| predecessor = [[Stanley Forman Reed]]
▲| appointer = [[List of federal judges appointed by Dwight D. Eisenhower|Dwight D. Eisenhower]]
|
| office1 = Judge of the [[United States Court of Appeals for the Eighth Circuit]]▼
| term_start1 = June 5, 1956▼
▲| office1 = Judge of the [[United States Court of Appeals for the Eighth Circuit]]
| term_end1 = March 24, 1957<!--Termination date per FJC Bio, reflects oath date at Supreme Court.-->▼
▲| term_start1 = June 5, 1956
|
▲| term_end1 = March 24, 1957<!--Termination date per FJC Bio, reflects oath date at Supreme Court.-->
| predecessor1 = [[John Caskie Collet]]▼
| successor1 = [[Marion Charles Matthes]]
▲| appointer1 = [[List of federal judges appointed by Dwight D. Eisenhower|Dwight D. Eisenhower]]
| office2 = Judge of the [[United States District Court for the Western District of Missouri]]▼
▲| predecessor1 = [[John Caskie Collet]]
|
| term_end2 = June 21, 1956<!--Termination date per FJC Bio, reflects oath date at Eighth Circuit.-->▼
▲| office2 = Judge of the [[United States District Court for the Western District of Missouri]]
|
| predecessor2 = [[Albert L. Reeves]]▼
▲| term_end2 = June 21, 1956<!--Termination date per FJC Bio, reflects oath date at Eighth Circuit.-->
| successor2 = [[Randle Jasper Smith]]▼
| pronunciation =▼
▲| appointer2 = [[List of federal judges appointed by Dwight D. Eisenhower|Dwight D. Eisenhower]]
| birth_name = Charles Evans Whittaker▼
▲| predecessor2 = [[Albert L. Reeves]]
| birth_date = {{Birth date|1901|02|22}}▼
▲| successor2 = [[Randle Jasper Smith]]
| birth_place = [[Troy, Kansas|Troy]], [[Kansas]], U.S.▼
▲| pronunciation =
| death_date = {{Death date and age|1973|11|26|1901|02|11}}▼
▲| birth_name = Charles Evans Whittaker
| death_place = [[Kansas City, Missouri|Kansas City]], [[Missouri]], U.S. ▼
▲| birth_date = {{Birth date|1901|02|22}}
| death_cause =▼
▲| birth_place = [[Troy, Kansas|Troy]], [[Kansas]]
| resting_place =▼
▲| death_date = {{Death date and age|1973|11|26|1901|02|11}}
| party = [[Republican Party (United States)|Republican]]▼
▲| death_place = [[Kansas City, Missouri|Kansas City]], [[Missouri]]
| spouse = {{marriage|Winifred Pugh|1928}}
▲| death_cause =
| children = 3
▲| resting_place =
| residence =▼
| education = [[University of Missouri–Kansas City School of Law|Kansas City School of Law]]
▲| party = [[Republican Party (United States)|Republican]]
▲| residence =
▲| education = [[University of Missouri–Kansas City School of Law|Kansas City School of Law]] {{midsize|([[Bachelor of Laws|LL.B.]])}}
<!--Embedded templates / Footnotes-->
| footnotes =
}}
{{conservatism US|jurists}}
'''Charles Evans Whittaker''' (February 22, 1901 – November 26, 1973) was an [[Associate Justice of the United States Supreme Court]] from 1957 to 1962. After working in private practice in [[Kansas City, Missouri|Kansas City]], [[Missouri]], he was nominated for the [[United States District Court for the Western District of Missouri]]. In 1956, President [[Dwight D. Eisenhower]] nominated Whittaker to the [[United States Court of Appeals for the Eighth Circuit]]. In 1957, he won confirmation to the [[Supreme Court of the United States]], thus becoming the first individual to serve as a judge on a federal district court, a federal court of appeals, and the United States Supreme Court. During his brief tenure on the [[Warren Court]], Whittaker emerged as a swing vote. In 1962, he
==Early years and career==
Whittaker was born on a farm near [[Troy, Kansas|Troy]], [[Kansas]] to Charles Edward Whittaker, a farmer, and Ida Eve Miller, a schoolteacher from [[Hagerstown, Maryland|Hagerstown]], [[Maryland]]. He attended the nearby one-room Brush Creek School, and then the [[Troy High School (Kansas)|Troy High School]] until he dropped out in the ninth grade after his mother died on his sixteenth birthday. He spent the next three years working on a family farm, and also hunting and trapping. Whittaker developed an interest in law by reading newspaper articles about criminal trials. In the summer of 1920, he applied to the part-time evening program at the Kansas City School of Law (currently the [[University of Missouri–Kansas City School of Law]]) and gained admission with the condition that he would finish his high school education after personally pleading with Oliver Dean,
==Federal judicial service (District Court and Court of Appeals)==
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Whittaker was nominated by President [[Dwight D. Eisenhower]] on May 11, 1954, to a seat on the [[United States District Court for the Western District of Missouri]] vacated by Judge [[Albert L. Reeves]]. He was confirmed by the [[United States Senate]] on July 7, 1954, and received his commission the next day. His service terminated on June 21, 1956, due to his elevation to the Eighth Circuit.<ref name='fedjudcenter'/>
Whittaker was nominated by President Eisenhower on March 16, 1956, to a seat on the [[United States Court of Appeals for the Eighth Circuit]] vacated by Judge [[John Caskie Collet]]. He was confirmed by the Senate on June 4, 1956, and received his commission the next day. His service terminated on March 24, 1957, due to his elevation to the [[Supreme Court of the United States]].<ref name='fedjudcenter'/>
==Supreme Court==
Whittaker was nominated by President Eisenhower on March 2, 1957,
On the closely divided Supreme Court, Whittaker was a swing vote. According to Professor Howard Ball, Whittaker was an "extremely weak, vacillating justice" who was "courted by the two cliques on the Court because his vote was generally up in the air and typically went to the group that made the last, but not necessarily the best, argument."<ref>Ball, Howard. ''Hugo L. Black: Cold Steel Warrior,'' Oxford University Press. 2006. {{ISBN|0-19-507814-4}}. Page 126.</ref> Whittaker failed to develop a consistent judicial philosophy and reportedly felt himself not as qualified as some of the other members of the
▲Whittaker was nominated by President Eisenhower on March 2, 1957, to a seat on the [[Supreme Court of the United States]] vacated by Associate Justice [[Stanley Forman Reed]]. He was confirmed by the Senate on March 19, 1957, received his commission on March 22, 1957, and took the oath on March 25, 1957.<ref name='fedjudcenter'/> Whittaker thus became the first person to serve as a judge of a [[United States District Court]], a [[United States Court of Appeals]], and the Supreme Court of the United States. Justice [[Samuel Blatchford]] also served at all three levels of the federal judiciary, but the court system was configured slightly differently at that time. Justice [[Sonia Sotomayor]] is the most recent Justice to have served in all three levels of the federal judiciary. Whittaker was one of the four Republicans appointed to the court by Eisenhower (along with [[Earl Warren]], [[John M. Harlan II]], and [[Potter Stewart]]). Eisenhower appointed one Democrat, [[William J. Brennan]], to the Court.<ref name="gazette"/> Whittaker served as Circuit Justice of the Eighth Circuit and the Tenth Circuit for his duration of service on the Supreme Court. He assumed [[senior status]] due to a certified disability on March 31, 1962. His service terminated on September 30, 1965, due to his resignation.<ref name='fedjudcenter'/>
As of 2023, Whittaker remains the only Supreme Court Justice appointed from Missouri. He is also the most recently appointed Justice to have received [[List of law schools attended by United States Supreme Court justices|his legal education]] from [[List of law schools in the United States|a public law school]].
▲On the closely divided Supreme Court, Whittaker was a swing vote. According to Professor Howard Ball, Whittaker was an "extremely weak, vacillating justice" who was "courted by the two cliques on the Court because his vote was generally up in the air and typically went to the group that made the last, but not necessarily the best, argument."<ref>Ball, Howard. ''Hugo L. Black: Cold Steel Warrior,'' Oxford University Press. 2006. {{ISBN|0-19-507814-4}}. Page 126.</ref> Whittaker failed to develop a consistent judicial philosophy and reportedly felt himself not as qualified as some of the other members of the court. After agonizing deeply for months over his vote in ''[[Baker v. Carr]]'', a landmark [[reapportionment]] case, Whittaker suffered a [[nervous breakdown]] in the spring of 1962. At the behest of Chief Justice [[Earl Warren]], Whittaker recused himself from the case and retired from the Court effective March 31, 1962, citing exhaustion from the heavy workload and stress.<ref name="gazette">[https://news.google.com/newspapers?id=3c1RAAAAIBAJ&sjid=I2wDAAAAIBAJ&pg=7128,4349997&dq=charles+whittaker+retire&hl=en "Whittaker is leaving U.S. Supreme Court"], ''Pittsburgh Post-Gazette,'' 30 March 1962</ref>
==Final years==
Effective September 30, 1965, Whittaker resigned his position as a retired Justice in order to become chief counsel to [[General Motors Corporation|General Motors]]. He also became a resolute critic of the [[Warren Court]] as well as the [[Civil Rights Movement]], characterizing the [[civil disobedience]] of the type practiced by [[Martin Luther King Jr.]] and his followers as lawless. He wrote a piece for the ''[[FBI Law Enforcement Bulletin]]'' that advised protesters to use courts instead of taking to the streets.<ref>Urofsky, Melvin I. [https://books.google.com/books?id=kv3uCgAAQBAJ
==Family==
In 1928, Whittaker married Winifred R. Pugh
==Legacy and honors==
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==See also==
*[[List of
*[[List of
▲*[[List of U.S. Supreme Court Justices by time in office]]
*[[List of United States Supreme Court cases by the Warren Court|United States Supreme Court cases during the Warren Court]]
==References==
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*Frank, John P., ''The Justices of the United States Supreme Court: Their Lives and Major Opinions'' (Leon Friedman and Fred L. Israel, editors) ([[Chelsea House]] Publishers: 1995) {{ISBN|0-7910-1377-4}}, {{ISBN|978-0-7910-1377-9}}.
*Martin, Fenton S. and Goehlert, Robert U., ''The U.S. Supreme Court: A Bibliography'', (Congressional Quarterly Books, 1990). {{ISBN|0-87187-554-3}}.
*{{cite book|author=Smith, Craig Alan|title=Failing Justice: Charles Evans Whittaker On The Supreme Court|publisher=McFarland & Company, 2005
*Urofsky, Melvin I., ''The Supreme Court Justices: A Biographical Dictionary'' (New York: [[Garland Publishing]] 1994). 590 pp. {{ISBN|0-8153-1176-1}}; {{ISBN|978-0-8153-1176-8}}.
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{{SCOTUS Justices}}
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