Today in Supreme Court History: September 23, 1971

9/23/1971: Justice John Marshall Harlan II resigns.

Justice John Marshall Harlan II

 

Comments

[Dan Schiavetta]

Katzenbach v. McClung, 85 S.Ct. 6 (decided September 23, 1964): Black lifts injunction against enforcement of Civil Rights Act against restaurant that denied service to blacks (not Black; presumably they’d let him in because he was white) (not White) (as we know, the full Court later ruled that the restaurant was in violation, 379 U.S. 294)

Winters v. United States, 89 S.Ct. 34 (decided September 23, 1968): Harlan refuses to stay Marine’s transfer to Vietnam pending determination of his claim that his callup from reserve to active duty was illegal (the District Court had held that government was not bound by 1965 reserve contract and cert was eventually denied, 393 U.S. 896)

[F.D. Wolf]

Named after a great Supreme Court justice who was himself named after a great Supreme Court justice. Perhaps one day we'll have a Supreme Court justice named John Marshall Harlan Smith or something, who will go on to be a great justice. And so on, and so forth.

[Dan Schiavetta]

It was supposedly overridden by Johnson’s declaration of there being a national emergency (though, of course, actual war was never declared).

[Mr. Bumble]

Why are either of you surprised by this. The list of sauce for the goose but NOT for the gander is a mile long when it comes to the government (at all levels).

[Mr. Bumble]

Poor choice of words.

[Dan Schiavetta]

Para. 40 of the contract stated:

"I understand that upon enlistment in the Reserve of the United States Marine Corps, or upon transfer or assignment thereto, I may not be ordered to active duty without my consent except in time of war, or when in the opinion of the President a national emergency exists, or when otherwise prescribed by law, and that I may be required to perform active duty during such periods."

[Mr. Bumble]

...when you're a Jet you're a Jet all the way.