Daniel J. Layton - Aftermath

Aftermath

But the political and judicial fallout of Layton's failed renomination continued. In 1946 the term of Judge Richard S. Rodney ended. Having completed twenty-four years of service as Judge of the Superior Court and as an associate justice of the Supreme Court, Rodney was universally acknowledged to be one of the most respected and loved judges in Delaware history. Governor Bacon then took his revenge for the Senate's rejection of Layton, making Rodney the victim. Bacon let it be known that, notwithstanding the fact that the constitution required the appointment of a Democrat, under no circumstances would he reappoint Democrat Rodney. In January 1946 Governor Bacon nominated Vice-Chancellor George Burton Pearson, Jr. to fill the vacancy on the Supreme Court created by the expiration of Judge Rodney’s term of office. Pearson, a close friend and admirer of Judge Rodney, had supported his candidacy for reappointment and, in the end, he accepted the governor's offer only when it became certain that Judge Rodney would not be reappointed.

Judge Rodney returned briefly to private practice before receiving an appointment to the United States District Court for the District of Delaware in 1946. He remained on that court until his death in 1963 and never failed to serve with wisdom and grace.

While the Layton years on the Supreme Court were often difficult and controversial for the bar, the period was one of outstanding growth for Delaware corporate law. Much of this growth was due not only to the judicial skill of Chancellor Wolcott but also to the brilliance and productive work of Chief Justice Layton. It is the judicial work product of luminaries like Curtis, Wolcott and Layton that provides the enduring legal and moral basis for much of what is right with the body of Delaware decisional law. He is interred at St. Paul’s Episcopal Church.