# Edward Terry Sanford *American jurist; associate justice of the Supreme Court of the United States, 1923–1930* Edward Terry Sanford (July 23, 1865 – March 8, 1930) sat as an associate justice of the [[Supreme Court of the United States]] from 1923 until he died in office in 1930.[^1] Before joining the Court he held two federal posts. Under President Theodore Roosevelt he was a special assistant to the Attorney General and then Assistant Attorney General, from 1905 to 1907. From 1908 to 1923 he was a United States district judge for the Eastern and Middle Districts of Tennessee.[^1] Wikipedia's account states that, as of July 2026, he is the most recent sitting district judge to be elevated directly to the Supreme Court.[^1] As Assistant Attorney General, Sanford led the prosecution in *United States v. Shipp* (1907). It is the only criminal trial the Supreme Court has conducted under its original jurisdiction.[^1][^3] On the Court he often voted with Chief Justice [[William Howard Taft]], whom Wikipedia describes as his mentor.[^1] His majority opinion in *Gitlow v. New York* (1925) introduced the incorporation doctrine. Later courts cited *Gitlow* in *Near v. Minnesota* (1931), among other cases.[^1][^6] ## Early life and legal career Sanford was born in Knoxville, Tennessee, on July 23, 1865.[^2] He was the eldest son of Edward J. Sanford (1831–1902), a Knoxville businessman who headed or helped direct nearly a dozen banks and corporations, and of Emma Chavannes, an immigrant from Switzerland.[^2] In 1891 he married Lutie Mallory Woodruff, daughter of the Knoxville hardware merchant W. W. Woodruff.[^2] His education began at the University of Tennessee, which awarded him a B.A. and a Ph.B. in 1883.[^2] At Harvard he earned a second B.A. in 1885, then an M.A. and an LL.B. from Harvard Law School, both in 1889.[^2] He practiced law privately in Knoxville from 1890 to 1907. From 1898 to 1907 he also lectured at the University of Tennessee School of Law.[^2] He appeared as counsel for the appellant in *Knoxville Iron Company v. Harbison* (1901). The Court decided for Harbison and upheld a state's power to forbid companies from paying wages in scrip instead of cash.[^2] ## Assistant Attorney General Sanford was a special assistant to the Attorney General of the United States from 1905 to 1907. He became Assistant Attorney General in 1907, under Roosevelt.[^3] ### United States v. Shipp Sanford was lead prosecutor in *United States v. Shipp* (1907).[^3] The defendant, Joseph Shipp, was a [[sheriff]]. He was charged with allowing a condemned prisoner to be lynched. The prisoner was then the subject of a Supreme Court [[writ of habeas corpus]].[^3] The Court took the case under its original jurisdiction, although it ordinarily hears criminal matters only on appeal. Newspapers covered the trial widely.[^3] Shipp and several co-defendants were convicted.[^3] ## District court service On May 14, 1908, Roosevelt nominated Sanford to a joint seat on the United States District Courts for the Eastern and Middle Districts of Tennessee. The seat had been vacated by Judge Charles Dickens Clark.[^4] The [[United States Senate]] confirmed him on May 18, 1908, and he received his [[Commission]] that same day.[^4] His district court service ended on February 5, 1923, when he was elevated to the Supreme Court.[^4] ## Supreme Court President Warren Harding nominated Sanford on January 24, 1923, to fill the seat of [[Mahlon Pitney]].[^5] The Senate confirmed him by voice vote on January 29, 1923. He took the judicial oath on February 19, 1923.[^5] For his entire tenure he served as Circuit Justice for the Fifth Circuit.[^5] ### Notable opinions Over seven years on the Court, Sanford wrote 130 opinions.[^6] In *Gitlow v. New York* (1925), his majority opinion sustained a state statute prohibiting anarchist literature.[^6] The same opinion suggested that the First Amendment's free-speech guarantees bind the states through the Due Process Clause of the Fourteenth Amendment. That reasoning came to be called incorporation.[^6] The Warren Court later applied similar reasoning to other amendments. Courts have cited *Gitlow* as precedent in several cases:[^6] - *Near v. Minnesota* (1931), on freedom of the press - *Griswold v. Connecticut* (1965), on the right to privacy - *McDonald v. Chicago* (2010), on the right to bear arms Sanford also wrote the majority opinion in *Okanogan Indians v. United States*, known as the "Pocket Veto Case." That decision upheld the President's pocket veto power.[^6] His other opinions include *Corrigan v. Buckley*, 271 U.S. 323 (1926), which upheld the right of property sellers to discriminate on the basis of race.[^6] They also include *Taylor v. Voss*, 271 U.S. 176 (1926), and *Fiske v. Kansas*, 274 U.S. 380 (1927).[^6] ## Death Sanford died unexpectedly in Washington, D.C., on March 8, 1930. The cause was uremic poisoning following a dental extraction.[^7] He died a few hours before Taft, who had retired as Chief Justice five weeks earlier.[^7] Members of the Court customarily attended the funerals of deceased colleagues. The two deaths therefore required the justices to travel at once from Sanford's funeral in Knoxville to Taft's in Washington.[^7] Sanford is buried at Greenwood Cemetery in Knoxville.[^7] ## Legacy In 1894 Sanford gave the centennial address at the University of Tennessee. It was published in 1895 as *Blount College and the University of Tennessee: An Historical Address*.[^8] His papers are held at several institutions in Tennessee, and he was a member of Civitan International.[^8] He is one of six Tennesseans who have served on the Supreme Court.[^8] ## Notes [^1]: Wikipedia, *Edward Terry Sanford* (rev. 1372868705, retrieved 2026-10-26) — lead section: dates, federal posts, the *Shipp* trial, voting with Taft, and *Gitlow*. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^2]: Wikipedia, *Edward Terry Sanford*, "Early life and legal career" (retrieved 2026-10-26) — birth, family, marriage, degrees, practice, lectureship, and *Knoxville Iron Co. v. Harbison*. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^3]: Wikipedia, *Edward Terry Sanford*, "Assistant Attorney General" (retrieved 2026-10-26) — 1905–1907 service and *United States v. Shipp*. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^4]: Wikipedia, *Edward Terry Sanford*, "District court service" (retrieved 2026-10-26) — nomination on May 14, 1908; confirmation and commission on May 18, 1908; service ending February 5, 1923. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^5]: Wikipedia, *Edward Terry Sanford*, "Supreme Court" (retrieved 2026-10-26) — nomination on January 24, 1923; voice-vote confirmation on January 29, 1923; oath on February 19, 1923; Fifth Circuit assignment. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^6]: Wikipedia, *Edward Terry Sanford*, "Notable opinions" (retrieved 2026-10-26) — 130 opinions; *Gitlow* and the later cases citing it; *Okanogan Indians*; *Corrigan*; *Taylor*; *Fiske*. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^7]: Wikipedia, *Edward Terry Sanford*, "Death" (retrieved 2026-10-26) — date, cause, and place of death; Taft's death; burial. https://en.wikipedia.org/wiki/Edward_Terry_Sanford [^8]: Wikipedia, *Edward Terry Sanford*, "Legacy" and "Publications" (retrieved 2026-10-26) — 1894 address published 1895, papers, Civitan membership, and the six Tennesseans on the U.S. Supreme Court. https://en.wikipedia.org/wiki/Edward_Terry_Sanford