Today in Supreme Court History: January 12, 1932

1/12/1932: Justice Oliver Wendell Holmes resigns from the Supreme Court.

Justice Oliver Wendell Holmes

Comments

[Commenter_XY]

After reading the Buck decision, my personal assessment of Justice Holmes changed for the worse. Perhaps that is 'presentism' on my part.

[Life of Brian]

Yeah, unfortunately that was his one sheep.

[ReaderY]

Well, there was Bailey v. Alabama. And Plessy.

I think that in general rational basis is appropriate and his defense of it correct. But the Constitution does have some textual rights, and he was a little too open to schemes by which they would only exist on paper.

[Krychek_2]

I could agree to rational basis being the default if the courts actually evaluated how rational the basis is. In practice, rational basis is mostly a rubber stamp.

[Cal Cetín]

Even when the result was defensible, his reasoning...oy!

Here's his dissent in the Gitlow free speech case:

"If in the long run the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way."

https://www.law.cornell.edu/supremecourt/text/268/652

With reasoning like that, it's hardly any wonder he was in dissent.

[juris imprudent]

From Missouri v. Holland, a precursor to emanations and penumbras?

"The only question is whether it is forbidden by some invisible radiation from the general terms of the Tenth Amendment. We must consider what this country has become in deciding what that Amendment has reserved."

[Dan Schiavetta]

Second class jurisprudence, but a first class mustache.

[Queen Amalthea]

Holmes, a Republican SCOTUS justice.