Edward F. Hennessey
Encyclopedia
Edward F. Hennessey was the Chief Justice of the Massachusetts Supreme Judicial Court
from 1976 to 1989.
, he moved with his family to Newton
at age 6. His mother worked in a factory, his father stoked boilers. He was the first in his family to attend college, working his way through Northeastern University, from which he graduated in 1941.
during World War II
(in the Mediterranean theater) and was a captain
, receiving a Bronze Star
and a Purple Heart
. A shortage of lawyers prompted the Army to assign some who had not attended law school to prosecute and defend soldiers during court martial proceedings. Hennessey was among the appointed attorneys and he was fascinated by the work. His first case was to defend a man charged with rape; the man was found guilty of a lesser crime. After the war, he went to Boston University School of Law
, graduating with honors in 1949.
During the 1950s and early 1960s, he practiced civil and criminal law and was an assistant Middlesex
district attorney. In 1967, Governor John A. Volpe
appointed him to the state Superior Court. Four years later, Governor Francis W. Sargent
elevated Hennessey to the Supreme Judicial Court, where he served as an associate justice until Governor Michael Dukakis
chose him to be chief justice in 1975.
A centrist Republican
, he once observed, "When justice requires, I'm a liberal. When justice requires, I'm a conservative."
, signed into law less than a year earlier, was unconstitutional because it was "unacceptable under contemporary standards in its unique and inherent capacity to inflict pain" and that it discriminated against minorities, "particularly blacks." He wrote, "We reject any suggestion that racial discrimination is confined to the South or to any other geographical area." He was generally anti-abortion
as well.
, where he had lived for many years.
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
from 1976 to 1989.
Biography
Born in South BostonSouth Boston, Massachusetts
South Boston is a densely populated neighborhood of Boston, Massachusetts, located south and east of the Fort Point Channel and abutting Dorchester Bay. One of America's oldest and most historic neighborhoods, South Boston was formerly known as Dorchester Neck, and today is called "Southie" by...
, he moved with his family to Newton
Newton, Massachusetts
Newton is a city in Middlesex County, Massachusetts, United States bordered to the east by Boston. According to the 2010 U.S. Census, the population of Newton was 85,146, making it the eleventh largest city in the state.-Villages:...
at age 6. His mother worked in a factory, his father stoked boilers. He was the first in his family to attend college, working his way through Northeastern University, from which he graduated in 1941.
Military service
He served in the United States ArmyUnited States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
(in the Mediterranean theater) and was a captain
Captain (OF-2)
The army rank of captain is a commissioned officer rank historically corresponding to command of a company of soldiers. The rank is also used by some air forces and marine forces. Today a captain is typically either the commander or second-in-command of a company or artillery battery...
, receiving a Bronze Star
Bronze Star Medal
The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the...
and a Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...
. A shortage of lawyers prompted the Army to assign some who had not attended law school to prosecute and defend soldiers during court martial proceedings. Hennessey was among the appointed attorneys and he was fascinated by the work. His first case was to defend a man charged with rape; the man was found guilty of a lesser crime. After the war, he went to Boston University School of Law
Boston University School of Law
Boston University School of Law is the law school affiliated with Boston University, and is ranked #22 among American law schools by US News and World Report magazine. It is the second-oldest law school in Massachusetts and one of the first law schools in the country to admit students regardless...
, graduating with honors in 1949.
Marriage and family
Meanwhile, he married Elizabeth A. O'Toole, whom he had met in the sixth grade. They were engaged before he left for the war and married in October 1945, the month he returned. The couple had one daughter, Beth A. Hennessey, a professor at Wellesley College as of 2007.Law career
He made his mark as a civil litigator, a trial lawyer in civil cases, many of them as a defense lawyer in personal injury cases. He also gained recognition as a law school lecturer and legal scholar, writing law review articles, editing the Massachusetts Law Quarterly and co-authoring a text on the practice of automobile law.During the 1950s and early 1960s, he practiced civil and criminal law and was an assistant Middlesex
Middlesex County, Massachusetts
-National protected areas:* Assabet River National Wildlife Refuge* Great Meadows National Wildlife Refuge* Longfellow National Historic Site* Lowell National Historical Park* Minute Man National Historical Park* Oxbow National Wildlife Refuge...
district attorney. In 1967, Governor John A. Volpe
John A. Volpe
John Anthony Volpe was the 61st and 63rd Governor of Massachusetts and a U.S. Secretary of Transportation.-Early life and education:Volpe was born in 1908 in Wakefield, Massachusetts. He was the son of Italian immigrants Vito and Filomena , who had come from Abruzzo to Boston's North End in 1905;...
appointed him to the state Superior Court. Four years later, Governor Francis W. Sargent
Francis W. Sargent
Francis William Sargent was the 64th Governor of Massachusetts from 1969 to 1975. Born in 1915 in Hamilton, Massachusetts, he was known for his sharp wit and self-deprecating manner...
elevated Hennessey to the Supreme Judicial Court, where he served as an associate justice until Governor Michael Dukakis
Michael Dukakis
Michael Stanley Dukakis served as the 65th and 67th Governor of Massachusetts from 1975–1979 and from 1983–1991, and was the Democratic presidential nominee in 1988. He was born to Greek immigrants in Brookline, Massachusetts, also the birthplace of John F. Kennedy, and was the longest serving...
chose him to be chief justice in 1975.
A centrist Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, he once observed, "When justice requires, I'm a liberal. When justice requires, I'm a conservative."
Writing
He wrote prolifically; one of his more notable opinions came with the court's 1980 ruling that the state's death penaltyCapital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
, signed into law less than a year earlier, was unconstitutional because it was "unacceptable under contemporary standards in its unique and inherent capacity to inflict pain" and that it discriminated against minorities, "particularly blacks." He wrote, "We reject any suggestion that racial discrimination is confined to the South or to any other geographical area." He was generally anti-abortion
Abortion in the United States
Abortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973...
as well.
Retirement and death
He retired at the mandatory age of 70. His health declined sharply during his last year and he died in a nursing home in NeedhamNeedham, Massachusetts
Needham is a town in Norfolk County, Massachusetts, United States. A suburb of Boston, its population was 28,886 at the 2010 census.- History :...
, where he had lived for many years.