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Disappearance
Sutherland disappeared on January 7, 1938. In the decades since his disappearance, many conspiracy theories surrounding Sutherland's disappearance have gained prominence. Most are centered around the President at the time, Huey Long of Louisiana. Sutherland's opposition to Long's policies, particularly his opinion in State of Vermont v. United States earned him the enmity of Long.

The details of the disappearance itself are incredibly vague. Sutherland was last seen in Decatur Mississppi. One witness, a local shop-owner named Frank Dawes claims to have seen the Justice alone near the outskirts of town on the 7th. Dawes would give his statement to FBI investigators on February 3rd, 1938. After giving his statement Dawes too would disappear, his disappearance is likewise completely unsolved.

An FBI investigation (which remained classified until 2001), found nothing to determine where Sutherland had gone, besides the statement from Dawes. Despite several additional investigations in decades since the disappearances of Dawes and Sutherland, the bodies have never been discovered.

Contemporary newspapers rarely mentioned Long in relation to the disappearances, but in decades since historical analysis of Long's presidential papers has shown the hatred Long felt towards the members of the Supreme Court, especially Sutherland. Despite many theories, no evidence of Long's involvement has ever been revealed, and the case remains unresolved.