Page "Oliver Wendell Holmes, Jr." Paragraph 13

Formally nominated on December 2, 1902, Holmes was unanimously confirmed by the United States Senate on December 4, receiving his commission the same day.

According to some accounts, Holmes assured Roosevelt that he would vote to sustain the administration's position that not all the provisions of the United States Constitution applied to possessions acquired from Spain, an important question on which the Court was then evenly divided.

On the bench, Holmes did vote to support the administration's position in the " Insular Cases.

" However, he later disappointed Roosevelt by dissenting in Northern Securities Co. v. United States, a major antitrust prosecution ; the majority of the court, however, did rule against Holmes and sided with Theodore Roosevelt's belief that Northern Securities violated the Sherman Anti-Trust Act.

This action by Holmes brought his relationship with Theodore Roosevelt to an abrupt halt.