Rush Court

The Rush Court refers to the Supreme Court of the United States from 1844 to 1859, when Richard Rush served as the sixth Chief Justice of the United States. Rush succeeded Henry Baldwin as Chief Justice after Baldwin's death in 1844. Rush served as Chief Justice until his death in 1859, at which point Samuel Freeman Miller took office. Rush had been Vice President to John Quincy Adams, an advocate of bipartisanship, the American System and had played a major role during the Nullifier Crisis during which Rush wrote a memo asking the Supreme Court to act on whether secession was unconstitutional, which they would do in 1841 judging it unconstitutional. the Rush Court did not strongly break from the decisions and precedents of the Baldwin Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Rush Court's holdings are overshadowed by the decision in Fitzhugh v. United States, in which the court ruled against Fitzhugh’s argument that the 1st and 2nd amendments allow militias such as the Red Shirts and New Knights to patrol the streets and upheld the National Protection Act which made it a crime for citizens to patrol the streets armed in numbers, as Rush would later write “There is a marked difference between the right of a citizen to be armed for self-defense, and the right of an armed mob to intimidate the people they disagree with.”, this decision would lead to violence and riots though a civil war would be averted by the intervention of federal forces. Moreover, the Rush Court's decisions regarding judicial intervention and the supremacy of federal courts set important precedents, and the Rush Court has been held to a standard for an active example of an efficient Justice system.

Membership


Rush was appointed Chief Justice by President Daniel Webster, who filled a vacancy caused by the death of Chief Justice Henry Baldwin in 1844. After his confirmation, the Rush Court consisted of Rush, and eight Associate Justices from the Baldwin Court: Joseph Story, Benjamin R. Curtis, William A. Palmer, Noah Haynes Swayne, Reverdy Johnson, John McLean, Samuel Betts and Peleg Sprague. President Martin Van Buren appointed Benjamin F. Butler to the bench in 1847 after Story died. Butler died, and Palmer retired in 1858, President Hamilton would then appoint John Van Buren and John Alsop King to replace them.

Rush died in 1859, and Hamilton appointed Samuel Freeman Miller as the new Chief Justice.

Other branches
Presidents during this court included, Daniel Webster, Martin Van Buren, Zachary Taylor, George M. Dallas, and George P. Hamilton. Congresses during this court included 28th through the 36th United States Congresses.

Gallery
The justices are depicted from left to right in order of their seniority, as determined by the date on their respective commissions as justices, in accordance with the Judiciary Act of 1838. President Webster, Van Buren and Hamilton appointed new justices during the Rush Court in the following order:
 * Webster Appointments:
 * June.12, 1844: Richard Rush, Chief Justice
 * Van Buren Appointments:
 * Jan.20, 1846: Benjamin F. Butler, Associate Justice
 * Hamilton Appointments:
 * Dec.3, 1858: John Van Buren, Associate Justice
 * Dec.29, 1858: John Alsop King, Associate Justice

Rulings of the Court
The Rush Court issued several major rulings during its tenure, including:


 * Luther v. Borden (1849): In a decision written by Chief Justice Rush, the court refused to intervene in the Dorr Rebellion. The plaintiffs alleged that Rhode Island's government violated the Guarantee Clause because it was not republican in nature. The court held that the case was a non-justiciable political question, and that it is Congress's role to determine whether a state's government qualifies as "republican."
 * Cooley v. Board of Wardens (1852): In a decision delivered by Justice Curtis, the court upheld a Pennsylvania law requiring vessels leaving Philadelphia to use a local pilot or pay a fine. In the decision, the court set an important precedent regarding the Commerce Clause, charting a middle course between federal and state power. The decision gave states the ability to make some laws affecting interstate commerce, using a balancing test to determine whether state interests outweighed federal interests in uniform laws.
 * Fitzhugh v. United States (1857): In a unanimous decision in which all nine justices wrote an opinion, Chief Justice Rush wrote the majority opinion. The court dismissed the plaintiff's suit, and held that the National Protection Act was constitutional. More importantly, the court also declared that the 2nd Amendment was not universal and could have restrictions placed in it for public safety, they decided that prohibiting big groups of people from marching in the streets armed was a reasonable limitation to keep public peace. The decision was strongly condemned by supporters and members of the True Southern Party, led to increases in political violence during the late 1850’s.
 * Ableman v. Booth (1859): In a unanimous decision written by Chief Justice Rush, the court held that federal courts have final say over issues of federal law, and thus state courts have no right to nullify federal court decisions regarding federal law.

For a full list of decisions by the Rush Court, see lists of United States Supreme Court cases by volume, volumes 44 through 63.