Today in Supreme Court History: July 20, 1990

7/20/1990: Justice William Brennan resigns.

Justice William Brennan

Comments

[Dan Schiavetta]

A sad day.

He could have broken Douglas’s longevity record. Maybe he left it standing as a warning to others not to overstay. As it was, he had a slight fall and decided it was time.

[Bob from Ohio]

A happy day. Top 10 worst justice.

Of course happier if Souter had not replaced him.

[Rev. Arthur L. Kirkland]

I am surprised Brennan would make Bob from Ohio's '10 worst justices' list.

What about those who decided Brown v. Board of Education or Loving v. Virginia? The Dred Scott dissenters? The Romer v. Evans majority? The Obergelfell majority? The Plessy v. Ferguson dissenter?

[Dan Schiavetta]

He retired knowing that an ideologically opposing President would appoint his success. (So did Marshall.) This is surprisingly unremarked on here.

[Dilan Esper]

Also surprisingly unremarked among the crowd who bashed on RBG and now bashes on Breyer for not strategically retiring.

[Cal Cetín]

Justice Marshall allegedly told his clerks, "If I die, prop me up and keep voting!”

https://abovethelaw.com/2011/01/what-is-to-be-done-about-super-old-judges/

[Dan Schiavetta]

Obviously he changed his mind, deciding to retire despite knowing that George HW Bush (whom he had publicly criticized) would appoint his successor.

[Cal Cetín]

I wouldn't want to suggest he was bound by his joke.

[Dan Schiavetta]

It wasn't a joke. Several times in the 1980's he said, "I was given a lifetime appointment, and I intend to serve out my term." But as I noted he changed his mind.

[Cal Cetín]

Anyway, it seems that the system discriminates against living-impaired judges:

https://reason.com/volokh/2019/02/25/federal-judges-are-appointed-for-life-no/

[Jimmy the Dane]

I remember when the 'liberal lions' of the court were dying or resigning in the early 90's. Scared the heck out of the lunatic lefty fringe at the time. In fact, a lot of our current political climate reminds me of the 90's. Maybe the matrix has run out of programming ideas, and is just now recycling older decades.

[Cal Cetín]

Interesting idea.

[arbitrary aardvark]

It's my understanding that he took senior status, and continued to be influential behind the scenes. But I don't have a good source for this claim. Maybe some of you readers know more about it than I do.
Brennan, a democrat, was appointed by Eisenhower, a republican.

[Dan Schiavetta]

He was a very influential Justice while still on the Court. I'm still surprised at the extent of liberal-leaning decisions that came out in the 1970's and 1980's, given the lineup. A superb coalition builder.

[Rev. Arthur L. Kirkland]

The positions he advocated had the advantage of being just and reasoned.

[Dan Schiavetta]

No reason to insult the man!

[Rev. Arthur L. Kirkland]

I momentarily forgot where I was.