Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Established	March 4, 1789; 235 years ago (1789-03-04)
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition method	Presidential nomination with Senate confirmation
Authorized by	Constitution of the United States, Art. III, § 1
Judge term length	life tenure, subject to impeachment and removal
Number of positions	9 (by statute)
Website	supremecourt.gov

This article is part of a series on the
Supreme Court of the United States
The Court
History Procedures Nomination and confirmation Judiciary Committee review Demographics Ideological leanings of justices Lists of decisions Supreme Court building
Current membership
Chief Justice John Roberts Associate justices Clarence Thomas Samuel Alito Sonia Sotomayor Elena Kagan Neil Gorsuch Brett Kavanaugh Amy Coney Barrett Ketanji Brown Jackson Retired justices Anthony Kennedy David Souter Stephen Breyer
Lists of justices
List of all justices by court by time in office by seat by education List of chief justices List of associate justices Specialty lists All nominations Unsuccessful nominations Confirmation votes Justices who served in Congress Burial places of justices
Court functionaries
Clerks Reporter of Decisions Marshal of the Court Supreme Court Police
Other countries Law Portal
v t e

Constitutional law of the United States
Overview
Articles Amendments History Judicial review
Principles
Separation of powers Individual rights Rule of law Federalism Republicanism Equal footing Strict scrutiny
Government structure
Legislative branch Executive branch Judicial branch State government Local government
Individual rights
Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Right to petition Freedom of association Right to keep and bear arms Right to trial by jury Criminal procedural rights Right to privacy Freedom from slavery Due process Equal protection Citizenship Voting rights Right to candidacy Comprehensible rules
Theory
Living Constitution Originalism Substantive due process Political process theory Purposivism Textualism Strict constructionism Common good constitutionalism
v t e

This is a list of cases reported in volume 309 of United States Reports, decided by the Supreme Court of the United States in 1939 and 1940.

Justices of the Supreme Court at the time of volume 309 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).^[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 309 were decided the Court comprised the following members:

Portrait	Justice	Office	Home State	Succeeded	Date confirmed by the Senate (Vote)	Tenure on Supreme Court
	Charles Evans Hughes	Chief Justice	New York	William Howard Taft	February 13, 1930 (52–26)	February 24, 1930 – June 30, 1941 (Retired)
	James Clark McReynolds	Associate Justice	Tennessee	Horace Harmon Lurton	August 29, 1914 (44–6)	October 12, 1914 – January 31, 1941 (Retired)
	Harlan F. Stone	Associate Justice	New York	Joseph McKenna	February 5, 1925 (71–6)	March 2, 1925 – July 2, 1941 (Continued as chief justice)
	Owen Roberts	Associate Justice	Pennsylvania	Edward Terry Sanford	May 20, 1930 (Acclamation)	June 2, 1930 – July 31, 1945 (Resigned)
	Hugo Black	Associate Justice	Alabama	Willis Van Devanter	August 17, 1937 (63–16)	August 19, 1937 – September 17, 1971 (Retired)
	Stanley Forman Reed	Associate Justice	Kentucky	George Sutherland	January 25, 1938 (Acclamation)	January 31, 1938 – February 25, 1957 (Retired)
	Felix Frankfurter	Associate Justice	Massachusetts	Benjamin Nathan Cardozo	January 17, 1939 (Acclamation)	January 30, 1939 – August 28, 1962 (Retired)
	William O. Douglas	Associate Justice	Connecticut	Louis Brandeis	April 4, 1939 (62–4)	April 17, 1939 – November 12, 1975 (Retired)
	Frank Murphy	Associate Justice	Michigan	Pierce Butler	January 16, 1940 (Acclamation)	February 5, 1940 – July 19, 1949 (Died)

Federal court system

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

List of cases in volume 309 U.S.

[a] Roberts took no part in the case

[b] Reed took no part in the case

[c] Murphy took no part in the case

[d] McReynolds took no part in the case