Pub Date : 2023-11-16DOI: 10.1353/sch.2023.a912754
Jack McKay
{"title":"Livingston v. Jefferson and Jefferson v. Marshall—Defending an Ex-President","authors":"Jack McKay","doi":"10.1353/sch.2023.a912754","DOIUrl":"https://doi.org/10.1353/sch.2023.a912754","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"52 1-3","pages":"271 - 292"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139267446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-16DOI: 10.1353/sch.2023.a912755
William B. Meyer
{"title":"Samuel Nelson and Judicial Reputation","authors":"William B. Meyer","doi":"10.1353/sch.2023.a912755","DOIUrl":"https://doi.org/10.1353/sch.2023.a912755","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"28 6","pages":"299 - 316"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139267706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-16DOI: 10.1353/sch.2023.a912757
Charles Eskridge, Jack DiSorbo
{"title":"The Bronze Doors, or A Tribute to the Legitimacy and Endurance of the Written Rule of Law","authors":"Charles Eskridge, Jack DiSorbo","doi":"10.1353/sch.2023.a912757","DOIUrl":"https://doi.org/10.1353/sch.2023.a912757","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"2 3","pages":"332 - 357"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139266558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-16DOI: 10.1353/sch.2023.a912756
Walter Stahr
{"title":"William Howard Taft as Solicitor General","authors":"Walter Stahr","doi":"10.1353/sch.2023.a912756","DOIUrl":"https://doi.org/10.1353/sch.2023.a912756","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"61 1-2","pages":"317 - 331"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139270034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-11DOI: 10.1353/sch.2022.a901696
P. Kens
{"title":"Making Minimum Wage: Elsie Parrish versus the West Coast Hotel Company by Helen J. Knowles (review)","authors":"P. Kens","doi":"10.1353/sch.2022.a901696","DOIUrl":"https://doi.org/10.1353/sch.2022.a901696","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 1","pages":"324 - 328"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42914228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-11DOI: 10.1353/sch.2023.a901540
Michaelann Nelson
{"title":"Fortas' Nominations: One Era Ends, Another Begins","authors":"Michaelann Nelson","doi":"10.1353/sch.2023.a901540","DOIUrl":"https://doi.org/10.1353/sch.2023.a901540","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"239 - 257"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47455958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-11DOI: 10.1353/sch.2022.a901697
D. Stephenson
Introduction: Salient Points from Recent Changes at the Supreme Court On January 27, 2022, Justice Stephen G. Breyer officially notified President Joseph Biden of his intention to retire when the Court rose for its summer recess, “assuming that by then my successor has been nom inated and confirmed.”1 The tenure of the 108th Justice had begun in August, 1994 after President Bill Clinton named him to fill the vacancy created by the retirement of Justice Harry A. Blackmun who had served since 1970. Born in San Francisco in 1938, Breyer is a graduate of Stanford University as well as Oxford University where he was a Marshall Scholar prior to law school at Harvard. After clerking for Justice Arthur Goldberg, he was special counsel at the U.S. Senate Judiciary Committee in 1974-1975, and chief counsel to the committee in 1979-1980. It was in the latter position that Breyer and Senator Biden would probably have first worked closely together after Biden’s appointment to the Judiciary Committee in 1977.2 President Jimmy Carter then named Breyer to the Court of Appeals for the First Circuit in 1980. Thus, well-known and highly regarded by both Democrats and Republicans in the Senate, the nominee understandably encountered little resistance. On July 12, hearings convened for four days with confirmation, 87-9, following on July 29. Both Justice Breyer’s retirement3 and President Biden’s nod to Justice Breyer’s former clerk Judge Ketanji Brown Jackson of the District of Columbia Court of Ap peals as his successor illustrate five note worthy points concerning appointments to the Supreme Court. First, because of the Constitution’s stipulation for tenure “during good behavior,” justices— like all Article III judges and in contrast to presidents, senators and representatives— serve terms of inde terminate length. Vacancies, therefore, are not only infrequent but occur intermittently. Thus, upon taking the oath of office, no new president is guaranteed the opportunity to fill a seat on the Court. President George W. Bush had two, as did President Clinton. President Ronald Reagan had four. President Jimmy Carter, however, had none. Yet early in the 20th century, William Howard Taft, a one-term president like Carter, had six. Even in the realm of Supreme Court vacancies, life can be unfair. For any president, therefore, a vacancy at the Court is not merely an event, but a gift.
2022年1月27日，大法官斯蒂芬·g·布雷耶(Stephen G. Breyer)正式通知总统约瑟夫·拜登(Joseph Biden)，他打算在最高法院夏季休会时退休，“假设到那时我的继任者已经被提名和确认。”第108位大法官的任期开始于1994年8月，当时比尔·克林顿总统任命他填补自1970年以来任职的哈里·a·布莱克蒙法官退休后留下的空缺。布雷耶1938年出生于旧金山，毕业于斯坦福大学和牛津大学，在进入哈佛大学法学院之前，他是牛津大学的马歇尔学者。在担任大法官亚瑟·戈德堡(Arthur Goldberg)的助理之后，他于1974年至1975年担任美国参议院司法委员会的特别顾问，并于1979年至1980年担任该委员会的首席顾问。在拜登于1977年被任命为司法委员会成员后，布雷耶和拜登可能第一次密切合作是在后者的职位上。吉米·卡特总统于1980年任命布雷耶为第一巡回上诉法院法官。因此，这位在参议院民主党和共和党人中都很有名且备受推崇的提名人几乎没有遇到什么阻力，这是可以理解的。12日举行了为期4天的听证会，并于29日以87票对9票通过了听证会。布雷耶法官的退休，以及拜登总统对布雷耶法官的前助理、哥伦比亚特区上诉法院法官克坦吉·布朗·杰克逊作为他的继任者的认可，都说明了有关最高法院大法官任命的五个值得注意的问题。首先，由于宪法规定“在表现良好的情况下”任职，法官——就像所有宪法第三条规定的法官一样，与总统、参议员和众议员不同——任期不确定。因此，空缺不仅很少，而且是断断续续的。因此，在宣誓就职时，没有任何新总统保证有机会填补最高法院的一个席位。乔治·w·布什(George W. Bush)总统有两个，克林顿总统也有。罗纳德·里根总统有四个。然而，吉米·卡特总统却没有。然而在20世纪早期，威廉·霍华德·塔夫脱(William Howard Taft)，一位和卡特一样只担任过一届总统的人，却有六任总统。即使在最高法院空缺的领域，生活也可能是不公平的。因此，对任何一位院长来说，最高法院的空缺不仅是一件事，而且是一份礼物。
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Pub Date : 2023-07-11DOI: 10.1353/sch.2023.a901541
William Domnarski
{"title":"Is There a Way Out of the Counter-majoritarian Difficulty?","authors":"William Domnarski","doi":"10.1353/sch.2023.a901541","DOIUrl":"https://doi.org/10.1353/sch.2023.a901541","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"258 - 262"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46631382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-11DOI: 10.1353/sch.2023.a901538
Barry M. Cushman
two related questions: First, what were the Court-packing plan’s prospects for ultimate congressional enactment, and second, to what extent, if any, did the pendency of the Court-packing plan affect the outcomes in the Court’s major constitutional decisions in the spring of 1937? Perhaps as a consequence of this focus, proposed alternatives to Court-packing tend to be treated as something of a sideshow. Discussion of such proposals typically concentrates on the strategic reasons for which Roosevelt rejected them in favor of his own Court-packing plan. Largely overlooked is the rich contemporary legal, newspaper, and periodical literature in which these alternative measures received sustained legal and policy consideration.3 Similarly, the Senate Judiciary Committee hearings on Roosevelt’s bill, at which such proposals also were the subjects of extensive deliberation, routinely receive rather limited exploration. In some cases, discussion is largely confined to the manner in which the bill’s opponents used the hearings to delay its ultimate floor consideration.4 Other treatments offer more There is a curious lacuna in the literature on the Court-packing crisis of 1937. The proposal for reform of the federal judiciary that received the most attention and consideration in that year was, of course, president Franklin D. Roosevelt’s proposal to enlarge the membership of the Supreme Court from nine to fifteen justices.1 Yet, both before and throughout the battle over the president’s “Court-packing plan,” members of Congress introduced a wide variety of alternative measures for addressing their dissatisfaction with recent Supreme Court decisions invalidating various state and federal laws designed to relieve economic distress and stimulate economic recovery.2 Some of these proposals would have taken statutory form, while many others would have amended the Constitution in various respects. In the end, none of these measures was reported out of Committee. Nevertheless, they were the subject of serious discussion in multiple contemporary venues. Scholarly treatments of the Courtpacking episode typically are focused on Court-packing in Context
{"title":"Court-packing in Context","authors":"Barry M. Cushman","doi":"10.1353/sch.2023.a901538","DOIUrl":"https://doi.org/10.1353/sch.2023.a901538","url":null,"abstract":"two related questions: First, what were the Court-packing plan’s prospects for ultimate congressional enactment, and second, to what extent, if any, did the pendency of the Court-packing plan affect the outcomes in the Court’s major constitutional decisions in the spring of 1937? Perhaps as a consequence of this focus, proposed alternatives to Court-packing tend to be treated as something of a sideshow. Discussion of such proposals typically concentrates on the strategic reasons for which Roosevelt rejected them in favor of his own Court-packing plan. Largely overlooked is the rich contemporary legal, newspaper, and periodical literature in which these alternative measures received sustained legal and policy consideration.3 Similarly, the Senate Judiciary Committee hearings on Roosevelt’s bill, at which such proposals also were the subjects of extensive deliberation, routinely receive rather limited exploration. In some cases, discussion is largely confined to the manner in which the bill’s opponents used the hearings to delay its ultimate floor consideration.4 Other treatments offer more There is a curious lacuna in the literature on the Court-packing crisis of 1937. The proposal for reform of the federal judiciary that received the most attention and consideration in that year was, of course, president Franklin D. Roosevelt’s proposal to enlarge the membership of the Supreme Court from nine to fifteen justices.1 Yet, both before and throughout the battle over the president’s “Court-packing plan,” members of Congress introduced a wide variety of alternative measures for addressing their dissatisfaction with recent Supreme Court decisions invalidating various state and federal laws designed to relieve economic distress and stimulate economic recovery.2 Some of these proposals would have taken statutory form, while many others would have amended the Constitution in various respects. In the end, none of these measures was reported out of Committee. Nevertheless, they were the subject of serious discussion in multiple contemporary venues. Scholarly treatments of the Courtpacking episode typically are focused on Court-packing in Context","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"174 - 214"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43085120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-11DOI: 10.1353/sch.2023.a901537
G. White
{"title":"Justice Robert H. Jackson \"Arrives\" in Washington","authors":"G. White","doi":"10.1353/sch.2023.a901537","DOIUrl":"https://doi.org/10.1353/sch.2023.a901537","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"148 - 173"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44097336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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