Today in Supreme Court History: April 5, 1982

4/5/1982: Justice Abe Fortas dies.

Justice Abe Fortas

Comments

[Dan Schiavetta]

The victorious lawyer in Johnson v. Stevenson, 170 F.2d 108 (5th Cir. 1948), which held that federal courts don't have jurisdiction over how a state conducts elections for federal office. This was consistent with prior law. It's why Nixon didn't contest the election in 1960.

[Dilan Esper]

A principle that the federal courts sadly forgot in 2000.

(He also argued Gideon v. Wainwright, which is one of the most important cases in American history.)

[LawTalkingGuy]

And wrote In re Gault.

[DaivdBehar]

What a hideous, lawyer case Gideon was, catastrophic to Gideon and to the nation. Fortas said, Darrow hired a lawyer when he was arrested. Gideon had an 8th grade education. The rule of hearsay was too complicated to understand and to use. Judges, of course, can look out for the rights of the pro se litigant very well.

Gideon was found with $50 in quarters at the site of a cigarette machine break in at 2 AM. He said, he got it from gambling, but had no dimes or $1 bills. He did a great job at his trial, but lost because he was guilty. After the court exploded lawyer rent seeking by its unanimous decision, 2000 vicious criminals were released in Florida. Gideon remained in prison for retrial. He passed on the dipshit from the ACLU and got a local slick lawyer. He got off on technicalities. He was released. He beat up his wife and died of alcohol caused cancer at 61.

This pro-criminal, rent seeking, garbage decision was a factor in the explosion of crime in the 1960's and 1970's.

[apedad]

Our founders thought 6A's right to counsel in criminal cases was good at the federal level.

So why not extend it to felony defendants in state courts?

It wasn't a penumbra decision - just an extension to the states.

[David Nieporent]

Gideon was found with $50 in quarters

False.

at the site of a cigarette machine break in

False.

at 2 AM

False.

He said, he got it from gambling, but had no dimes

False.

[QuantumBoxCat]

What day will we see the post: "Today in Supreme Court History: ___________: Janice Rogers Brown nominated to the Supreme Court"

[Dan Schiavetta]

Probably never.

She was never nominated and by now she is too old to be considered by the next Republican President.

[bernard11]

Yes.

For all the screaming about how unfairly she was treated, GOP Presidents had several chances to nominate her, and never did.

[mtkesq]

President George W. Bush could have nominated her for the seat that instead went to white, male jurist Samuel Alito or President Donald Trump could have nominated her to any of 3 opportunities he had.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I have some vague recollection of Senator Biden blackballing her nomination.

[LawTalkingGuy]

I didn't realize Joe Biden controlled the Senate when vacancies arose under the Bush admin. He could have nominated her in 2005/2006 when the Republicans held the Senate.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Next time I'll emphasize vague. In the meantime, Wikipedia merely says "Democrats" blocked her, and I am not interested enough to research further to see which Democrats, but I'll stick with my vague recollection that Biden had his hands in there.

[Michael P]

Biden was one of those who filibustered her nomination: https://www.aei.org/op-eds/remembering-the-black-woman-biden-blocked-from-the-supreme-court/

[Dan Schiavetta]

Um, no.

[Frank Drackman]

Good thing he didn't make Chief (LBJ, a Slimy Operator down to the end) he might have done something crazy, like abolish the death penalty, legalize abortion!!!!