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Top of Page Interview Information--Different Title Regional Oral History Office University of California The Bancroft Library Berkeley, California Arthur I. Rosett THE LAW CLERKS OF CHIEF JUSTICE EARL WARREN: ARTHUR I. ROSETT Interviews conducted by Laura McCreery in 2004 Copyright © 2013 by The Regents of the University of California Since 1954 the Regional Oral History Office has been interviewing leading participants in or well-placed witnesses to major events in the development of Northern California, the West, and the nation. Oral History is a method of collecting historical information through tape-recorded interviews between a narrator with firsthand knowledge of historically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. The tape recording is transcribed, lightly edited for continuity and clarity, and reviewed by the interviewee. The corrected manuscript is bound with photographs and illustrative materials and placed in The Bancroft Library at the University of California, Berkeley, and in other research collections for scholarly use. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account, offered by the interviewee in response to questioning, and as such it is reflective, partisan, deeply involved, and irreplaceable. ********************************* All uses of this manuscript are covered by a legal agreement between The Regents of the University of California and Arthur I. Rosett dated August 3, 2004. The manuscript is thereby made available for research purposes. All literary rights in the manuscript, including the right to publish, are reserved to The Bancroft Library of the University of California, Berkeley. Excerpts up to 1000 words from this interview may be quoted for publication without seeking permission as long as the use is non-commercial and properly cited. Requests for permission to quote for publication should be addressed to The Bancroft Library, Head of Public Services, Mail Code 6000, University of California, Berkeley, 94720-6000, and should follow instructions available online at http://bancroft.berkeley.edu/ROHO/collections/cite.html It is recommended that this oral history be cited as follows: Arthur I. Rosett “The Law Clerks of Chief Justice Earl Warren: Arthur I. Rosett” conducted by Laura McCreery in 2004, Regional Oral History Office, The Bancroft Library, University of California, Berkeley, 2013. iii Table of Contents—Arthur I. Rosett Interview 1: August 3, 2004 Audio File 1 1 Birth and upbringing in New York City— Bronx High School of Science — Columbia College — Exposure to spiritual traditions in college — Martin Buber — A Living Tree — Starting Columbia University Law School after just three years in college — Active duty in the Navy and a return to law school as a family man — Law school faculty and classmates — Assisting Professor Herbert Wechsler — Mrs. Margaret McHugh — Clerking at the Supreme Court — Justice Reed and Justice Burton — Learning about the New Deal — Fraternizing with other clerks, maintaining confidentiality —Chief Justice Earl Warren’s priority: substantive justice — “Is it fair?” — The Warren Court’s more conservative beginnings — Search-and-seizure cases, civil rights, key decisions — Bill [William] Dempsey, Chief Clerk — Personal relationships and accommodations among justices — The Warrens at the Shoreham — Justice Felix Frankfurter — Fellow clerks — Saturday luncheons — Discursive — Discursive — Discursive — Discursive — Discursive — Warren’s dislike of Richard Nixon Audio File 2 16 Warren’s political background and skills — Mrs. McHugh: “Mrs. No” — Warren’s temperament —Justice Frankfurter — Warren’s vision and priorities — Warren and the Japanese-American internment — Supreme Court clerks at oral arguments — Justice Whittaker and the Cannelton Pipe case — Cars, parking, and status at the Supreme Court — Warren’s relationship with President Eisenhower — Comparing Warren to his predecessors and successors — Warren’s judicial philosophy and activism — The Supreme Court since Warren: “A long nap after a heavy mean” — Learning about California politics from Warren — Warren’s approach to civil liberties — The Supreme Court now: “More clerks, fewer cases, less new law” — Justice Souter and Bush v. Gore— The Warren Court’s service to the American people — Ruth Bader Ginsburg — The limits of diversity among clerks in an earlier era [End of Interview] 1 Interview #1 August 3, 2004 [Begin Audio File 1] 01-00:00:00 McCreery: Okay, we’re taping. This is tape one on August 3, 2004. This is Laura McCreery speaking and on this tape I’ll be interviewing Arthur I. Rosett, professor emeritus of law at UCLA, and we’re in his office today. We’re collaborating together on the project The Law Clerks of Chief Justice Earl Warren. Professor Rosett, let’s start with a little background. Could you state your date of birth and talk a little about where you were born? 01-00:01:03 Rosett: I was born on July 5, 1934 on 76th Street on the West Side of Manhattan. 01-00:01:12 McCreery: Okay. And what was your family situation in those Depression years? 01-00:01:17 Rosett: My parents had my wife’s mother living with us and I had an older brother and we had household help, as people before the Second World War did have. My father was a dentist. My mother had worked until she married and then became a homemaker and then returned to become my father’s assistant after I grew up, went to college. 01-00:01:51 McCreery: Okay. I noted on your bio form that you attended the Bronx High School of Science. How did that come to pass? 01-00:01:57 Rosett: Well, Bronx Science is one of—at that time I think there were three, now there are four special high schools in New York City, admission to which is by examination. And the local high school, the neighborhood high school, High School of Commerce, was in Hell’s Kitchen and was not a very good school. And so most of the upwardly mobile members of my age cohort took the Bronx Science exam. You could either take Bronx Science or Stuyvesant but you couldn’t take both of them. And you could take Brooklyn Tech and I wasn’t qualified for music and art. So I took the exam and that put me in line to spend a lot of time on the subway going up to the Bronx, to what was still a very nice neighborhood in the Bronx to high school. Very challenging environment, Bronx High School of Science. We had at one time four members of this faculty who all went to Science and others who went to Music and Art and et cetera. But it really produced a tremendous pool of talent and in many ways, as I look back on my academic experiences over the years, I think it was probably the most challenging four years I spent in my life, including Columbia Law School and Columbia College, et cetera. It really was a mind stretcher. 01-00:03:33 McCreery: What were your own interests at that age? 2 01-00:03:39 Rosett: All I can tell you is that my father, for as long as I can remember, probably age five or six, always called me professor. It never occurred to me that I wouldn’t teach. And I used to argue with my uncles. My mother was one of nine children, and since their mother lived with us, my uncles came around a lot. And they were landlords in Brooklyn and they would get into big fights with me about socialism and the bosses and the poor tenants, et cetera. And so while I never really experienced deprivation I argued eloquently on behalf of [the deprived]. And I think everybody always assumed I would be a lawyer. I know I did. I don’t remember ever really thinking I wouldn’t be a lawyer in some way, just as I always thought I’d be a teacher. 01-00:04:42 McCreery: Okay. Well, what led you to attend Columbia College? 01-00:04:47 Rosett: Well, in those days New York State didn’t really have SUNY yet and they had a state scholarship system which, as I remember, I probably have the numbers a little bit off. But as I remember it, the total tuition for a year at an Ivy League college was about $300 a year. And I think they paid more than two and then you got a Cornell scholarship on top. You got a little more if you went to Cornell. And so I lived at home and I assumed that I would live at home. I don’t remember really thinking about going away to college. So every morning I’d get up and get on the bus now, not the subway, and ride fifteen minutes to Columbia. Had a wonderful life there. 01-00:05:40 McCreery: What did you study? 01-00:05:42 Rosett: Well, they didn’t have majors then. They had a mandatory curriculum, which is still offered. The contemporary civilization in humanities. And a lot of specialized courses. What Columbia did, for which I’m always in their debt, is they bought off senior faculty to teach undergraduates, particularly lower division undergraduates, what we would call lower division. So that in my freshmen year I had Moses Hadas, I had Gilbert Hyatt. In my second year I had Mark Van Doren. I had F.W. Dupee. My brother, who was my mentor and was four years ahead of me, five years ahead of me, always said you pick the teacher, not the time and not the course. It doesn’t matter what they’re teaching, you take a course from these guys. So I had a Nobel prizewinner for physics, for poets, and I just had a wonderful education.
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