Path to the Supreme Court
Morrison Remick Waite was born in Connecticut in 1816, the son of a state chief justice, and built a distinguished but locally confined career as an Ohio railroad and commercial lawyer. He had never argued before the Supreme Court and had held no high office when President Grant — after several failed nominations — named him the seventh Chief Justice in 1874, a surprise choice the country greeted with 'who is Waite?' He proved a capable and hardworking leader for fourteen years.
On the Supreme Court
Waite led the Court through the retreat from Reconstruction, and his record cuts sharply two ways. In the Granger Cases, above all Munn v. Illinois, he upheld the power of states to regulate railroads and grain elevators as businesses 'affected with a public interest' — a foundation of modern regulatory law. But his Court also dismantled federal protection of the freedmen: in United States v. Cruikshank it overturned the convictions of white men who had massacred Black citizens at Colfax, Louisiana, holding that the Fourteenth Amendment reached only state, not private, action. He wrote Reynolds v. United States, the first great free-exercise case, upholding the ban on Mormon polygamy, and Minor v. Happersett, holding that citizenship did not give women the vote. He died in office in 1888.
The Voting Record
How Waite voted in the 3,454 cases the Supreme Court Database records from the 1873 term through the 1888 term, using that database’s classification of each vote as liberal or conservative. The gold tick on each bar is the rate for the other justices sitting on those same cases.
Across the whole career Waite voted with Bradley more than with anyone else — the same side of the judgment in 69.4% of their 324 divided cases — and with Field least, at 51.4%. See this Court →Compared against the 3 colleagues Waite shared at least 300 divided cases with.
Source · The Supreme Court Database (Spaeth, Epstein, Nelson, Martin, et al.) · how these figures are made
Key Decisions
Munn v. Illinois
1877 · 7–2Holding · A state may regulate the rates of private businesses 'affected with a public interest,' such as grain elevators.
Role · Waite wrote for the Court.
Established the constitutional basis for public regulation of business — a cornerstone of the modern regulatory state.
Read the opinion →United States v. Cruikshank
1876Holding · The Fourteenth Amendment restrains only state action, not private violence; the federal charges against the perpetrators of the Colfax Massacre could not stand.
Role · Waite wrote for the Court.
Crippled federal enforcement of Black civil rights and helped usher in the era of racial terror and Jim Crow.
Read the opinion →Reynolds v. United States
1878 · 9–0Holding · The Free Exercise Clause protects religious belief but not conduct; a religious duty is no defense to the federal ban on polygamy.
Role · Waite wrote for a unanimous Court.
The first major free-exercise decision, and the origin of the belief-conduct distinction that still shapes religious-liberty law.
Read the opinion →Go Deeper
Morrison Waite has one fine biography, and its title is its thesis: C. Peter Magrath's Morrison R. Waite: The Triumph of Character (1963). Waite was the dark horse who steadied the Court — a Toledo railroad lawyer with no Supreme Court experience whom Grant reached for only after a humiliating run of failed Chief Justice nominees. Start with Magrath; then read the two faces of his fourteen years — the regulatory charter of Munn v. Illinois and the Reconstruction retreat of United States v. Cruikshank (Charles Lane's The Day Freedom Died) — set in Fairman's history of the Court.
The Bookshelf
The standard biography, and still the only full one — the natural place to begin. Magrath's thesis is in his subtitle: Waite rose not on brilliance but on character. He traces the Lyme-born, Yale-educated lawyer who made his name in Toledo and at the 1871 Geneva Arbitration of the Alabama Claims, the surprise 1874 appointment, and the collegial, hardworking Court he ran for fourteen years — including his refusal, unlike Chase (§39), to trade the center chair for a presidential run. Macmillan.
The reference study of the Waite Court (1874–88) — Stephenson on the Reconstruction retreat, the rise of substantive due process, and the railroad-rate cases, in ABC-CLIO's Supreme Court Handbooks. ABC-CLIO.
Waite's most important opinion, and one of the foundations of the modern regulatory state. Upholding an Illinois law that set the rates of Chicago grain elevators, Waite held that when private property is 'affected with a public interest' the state may regulate it — a doctrine that armed governments to police railroads, utilities, and monopolies for decades. Field (§38) dissented, and his view would later prevail in the Lochner era; but Munn framed the fight over economic regulation that has never really ended. Free online.
The dark side of the same Court, told as narrative history. Lane reconstructs the 1873 Colfax Massacre — the deadliest single act of Reconstruction violence — and the case it produced, United States v. Cruikshank (1876), in which Waite's Court overturned the convictions of the white attackers and read the Fourteenth Amendment so narrowly that federal power to protect Black citizens all but vanished. With United States v. Reese the same term, it was the constitutional green light for Jim Crow — the counterpart to Bradley's Civil Rights Cases (§41), and the betrayal of Strong's Strauder (§40). Gripping and essential. Henry Holt.
The standing institutional frame for this shelf, and the fullest account of the Waite Court entire — the workaday docket, the Munn line of regulation cases, the Reconstruction retreat, and Reynolds v. United States (1879), Waite's landmark Free Exercise opinion in the Mormon polygamy case, which wrote Jefferson's 'wall of separation' into constitutional law. For the modern one-volume survey, pair it with Donald Grier Stephenson's The Waite Court (ABC-CLIO, 2003). Macmillan.
The only other full-length Waite biography — the pre-Magrath standard life, framed around Munn v. Illinois and Waite's deference to public regulation. Still cited, and a useful period contrast to Magrath's 1963 portrait. Princeton University Press.
The standard modern biographical encyclopedia of the Court: a signed essay on each of the 110 justices from Jay to Alito, alphabetically arranged, by a named scholar or journalist. Length tracks reputation — two pages for Thomas Johnson, three for Woods, eleven for Holmes — which is itself a rough map of who the literature has bothered with. It is not a substitute for a biography, and for the justices who have never had one it is often the most careful short account in print. Borrow it free at the Internet Archive.
The one-volume reference on the Court: more than a thousand signed entries on cases, doctrines, institutions and the justices, current to 2005. Cases and people share one alphabet, so a citation can be followed without changing volumes, and the biographical entries are short, written by specialists, and better than a longer sketch at carrying the historiography — what the argument about a justice currently is. Borrow it free at the Internet Archive.
The Reading Path
A researched route through the literature — in order.
- 1.Magrath — for the life and the 'triumph of character'
- 2.Munn v. Illinois — for the regulatory landmark, in his own words
- 3.Lane — for the Colfax massacre and the Court's betrayal of Reconstruction
- 4.Fairman — for the whole Waite Court, Reynolds included
Where the Papers Are Kept
The Morrison R. Waite papers are at the Library of Congress in Washington — the correspondence and Court materials of a fourteen-year Chief Justiceship, and the documentary base of Magrath's biography. A fuller archive than the associate justices of his era left, as befits the man in the center chair. Visit →
Online Resources
Ideas for Further Research
- The dark horse who steadied the Court. After Chase (§39) died in 1873, Grant ran through a humiliating series of failed Chief Justice choices — Conkling declined; Williams and Cushing were withdrawn (see the Failed Nominations list) — before settling on Morrison Waite, a Toledo railroad lawyer with no Supreme Court experience whose one national credential was the 1871 Geneva Arbitration of the Alabama Claims. Magrath's title says it: not brilliance but character. Waite ran a collegial, hardworking Court for fourteen years and, unlike Chase, refused to trade the office for a presidential run.
- The regulator and the retreater, in the same years. Munn v. Illinois (1877) upheld state rate regulation of business 'affected with a public interest' — a foundation of the administrative state (Field §38 dissented). But United States v. Cruikshank (1876), out of the Colfax Massacre, and United States v. Reese the same term narrowed the Fourteenth and Fifteenth Amendments so far that federal civil-rights enforcement collapsed — the Court's betrayal of the freedpeople, alongside Bradley's Civil Rights Cases (§41) and against Strong's Strauder (§40).
- Reynolds and the 'wall of separation.' In Reynolds v. United States (1879), the Mormon polygamy case, Waite wrote the Court's first major Free Exercise opinion — distinguishing belief (protected) from conduct (not) and quoting Jefferson's 'wall of separation between church and state' into constitutional law, where it has lived ever since. The center chair's most enduring single opinion. Seat lineage: Chase §39 → Waite → Fuller.