Today in Supreme Court History: September 11, 1958

9/11/1958: Cooper v. Aaron is argued.

Comments

[Dan Schiavetta]

Smith v. United States, 423 U.S. 1303 (decided September 11, 1975): Douglas, in a wheelchair, stays order requiring federal grand jury records to be handed over to state prosecutor; the full Court later vacated the stay with Douglas dissenting, 423 U.S. 810 (Oct. 6, 1975) (this was the public appearance which showed the world that Douglas was never going to recover from the stroke he had suffered on the last day of 1974; he stared into the air blankly, declared that there would be a lunch break at 12:30 when in fact it was already 1:00, and after oral argument was over, everyone waited uncomfortably while he sat in silence for ten minutes, before finally thanking the lawyers "for a spirited argument") (he resisted resignation not just because he was stubborn and ornery but because Gerald Ford, who as a Congressman had led an attempt to impeach him, would pick his successor; he finally resigned on November 12) (the opinion, issued the same day as the hearing, is unnecessarily detailed and perhaps was intended to prove that he was still in full possession of his powers)

[Dan Schiavetta]

One of his many books was “Winds of Rebellion”, which Ford said advocated treason. Ford later regretted his attempt.

[not guilty]

Ford, then House Minority Leader, was quoted as saying "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history,"

The Clinton impeachment showed that Ford's comment was prescient.

[Dan Schiavetta]

It applies to Republicans. It does not apply to Democrats.