Justice and Faith: The Frank Murphy Story

by Greg Zipes

Frank Murphy was a Michigan man unafraid to speak truth to power. Born in 1890, he grew up in a small town on the shores of Lake Huron and rose to become Mayor of Detroit, Governor of Michigan, and finally a U.S. Supreme Court Justice. One of the most important politicians in Michigan’s history, Murphy was known for his passionate defense of the common man, earning him the pun “tempering justice with Murphy.”

Murphy is best remembered for his immense legal contributions supporting individual liberty and fighting discrimination, particularly discrimination against the most vulnerable. Despite being a loyal ally of Franklin Delano Roosevelt, when FDR ordered the removal of Japanese Americans during World War II, Supreme Court Justice Murphy condemned the policy as “racist” in a scathing dissent to the Korematsu v. United States decision—the first use of the word in a Supreme Court opinion. Every American, whether arriving by first class or in chains in the galley of a slave ship, fell under Murphy’s definition of those entitled to the full benefits of the American dream.

Justice and Faith  explores Murphy’s life and times by incorporating troves of archive materials not available to previous biographers, including local newspaper records from across the country. Frank Murphy is proof that even in dark times, the United States has extraordinary resilience and an ability to produce leaders of morality and courage.
 

352 pages, Paperback

Published April 26, 2021

Reviews

[Kathleen Schmitt · Rating 5 out of 5]

I really enjoyed this one. I was unfamiliar with Justice Murphy and his extraordinary life until I came upon this book. Well worth the read.

[Robert Garrett · Rating 4 out of 5]

Frank Murphy isn’t well known, but perhaps he should be. A World War I veteran, Murphy first gained notice as a federal attorney prosecuting war profiteers. He became a judge in Detroit, gaining a reputation as a civil rights champion during the 1925 Ossian Sweet trial (Sweet, an African American doctor, feared for his life when a white mob surrounded his house, and he soon found himself accused of murder.). Murphy amassed an impressive progressive record as Detroit mayor, Governor General of the Philippines, Governor of Michigan, U.S. Attorney General and finally, U.S. Supreme Court justice. Notably, his actions as Michigan Governor helped ensure workers’ rights to collective bargaining, and as Supreme Court justice, he wrote a famed dissenting opinion harshly criticizing - and labeling as “racist” - the United States wartime policy of “interning” Japanese Americans in specialized camps. In his home state of Michigan, Murphy does remain a beloved figure among progressives (and Detroit’s Frank Murphy Hall of Justice bears his name), but elsewhere, few have heard of him.

Even so, FAITH AND JUSTICE isn’t the first - or even the most extensive - biography of the man. University of Michigan professor Sidney Fine devoted three (!) large volumes to Murphy, published in the 1970s and 1980s. I own those volumes, yet - despite my own admiration for Murphy - I have never read them. In contrast, author Greg Zipes’s 326 page treatment seemed less daunting. Kudos to Zipes, then, for making Murphy’s story more accessible.

In FAITH AND JUSTICE, Zipes often cites Fine’s earlier work and seems to understand that there’s no point in competing with it. Rather than offering minute detail, he presents something more akin to “Frank Murphy’s greatest hits.” The chapter on Murphy’s time as Michigan governor, for example, focuses almost exclusively on labor issues, where Murphy made the greatest impact. The chapters on Murphy’s Supreme Court tenure focus greatly on civil rights cases. Again, a more detailed work exists, but if you want a general overview of Frank Murphy’s life and why it’s important, then Zipes has you covered.

Even if you’ve read Fine’s three Murphy books, you might find value in Zipes’s. First, Zipes had access to some sources that Fine didn’t. He notes perusing digitized online resources not so readily available - or even readily discoverable - to previous historians. He also cites oral history interviews that he conducted, and scholars and historians with whom he consulted.

Second, Fine’s final volume on Murphy was published almost forty years ago. Time brings new perspectives and interpretations, and Zipes can’t help but present a more modern take on the material. He acknowledges in the preface, for example, that he was careful with his word choices and tried to “humanize those who have been marginalized or persecuted for simply living their lives.” He notes efforts to include people who typically did not “receive their due” in earlier histories and biographies, and cites consultations with, among others, “Tim Retzloff, professor of history and LGBTQ studies at Michigan State,” and two daughters of Japanese American intern camp survivors. I think that he largely succeeds in his efforts, and I was pleased by the greater context he provided to events such as the Japanese American internments during World War II.

One question to which Zipes self-admittedly pays more attention than Sidney Fine and others is that of Murphy’s sexuality. Murphy never married, and he had a lifelong constant companion in Ed Kemp, a fellow bachelor. Were the two lovers? Zipes revisits the matter several times in the narrative, and while he comes to no definite conclusion, I nonetheless appreciated his research and objectivity. He notes, for example, that while Murphy’s relationship with Kemp has received scrutiny, less attention has been paid to Murphy’s relationships with women.

Truthfully, the Frank Murphy that emerges from Zipes’s pen is a complex figure. He cares about the underdog and marginalized groups, and is a champion of labor and civil rights. He’s deeply principled in many ways and generally refuses to compromise his values. Yet, elements of hypocrisy exist. Zipes notes, for example, that Murphy had expensive tastes and habits despite his public embracing of “the common man.” More damning are instances of conflict of interest, such as when Murphy received a legal retainer fee from the Chrysler corporation while a sitting judge in Detroit, and his holding stock in General Motors while serving as Michigan’s governor. Zipes details how Murphy often seemed subservient to President Franklin D. Roosevelt, and yet, as U.S. Attorney General, he didn’t hesitate to prosecute corrupt Democratic political bosses that FDR wished him to ignore (There is speculation that this is what led to Murphy’s appointment to the Supreme Court.). While Murphy was charismatic and garnered considerable support among certain groups (including labor, women and African Americans), he lacked FDR’s pragmatism, and Zipes argues that Murphy may have won re-election as Michigan governor had he not failed to organize the state’s Democratic party and kept political influencers happy with patronage positions.

Of course, complex people make for interesting biographies, and this is certainly one. I recommend JUSTICE AND FAITH: THE FRANK MURPHY STORY, and hope that it will gain Mr. Murphy greater recognition. I believe that he deserves it.

[Albert Ahronheim · Rating 5 out of 5]

An excellent and very readable history of a Supreme Court justice (who dissented in the W2-era Korematsu decision) who otherwise was also a pivotal political figure in many other areas but appears to be less remembered today than he should be. Greg Zipes has made his case for Murphy's importance even more convincing by including Murphy's "warts-and-all" rather than just writing a tribute. Murphy was a fascinating character who had a great impact for justice during a much too short life.

[Paul · Rating 3 out of 5]

Frank Murphy is a fascinating figure, a largely forgotten Supreme Court Justice whose progressive views on race and class made him an outlier in the court of the 1940s. Disparaged because his opinions were not scholarly, he wrote from a place of generosity and belief in the country. Only three stars because the book could have been better written.