Today in Supreme Court History: October 8, 1888

10/8/1888: Chief Justice Melville Fuller takes the judicial oath.

Chief Justice Melville Fuller

Comments

[Dan Schiavetta]

Nebraska v. Wyoming et al., 325 U.S. 665 (decided October 8, 1945): original jurisdiction case where the Court confirms the Special Master's finding in favor of Nebraska as to Colorado and Wyoming diverting too much of the North Platte River before it gets into Nebraska. From the finding, which is detailed as to how much can be diverted when and from where, and how it is to be measured, one can see that the Special Master was bombarded with a mountain of geological and environmental evidence.

Roth v. United States, 77 S.Ct. 17 (decided October 8, 1956): Harlan allows bail ($5,000) for defendant convicted of selling dirty pictures; no claim that he might flee, or continue to pollute the minds of the public, and good chance that conviction will be overturned (though the Court, in one of Brennan's first opinions, affirmed the conviction, 354 U.S. 476, which the Court abrogated in Miller v. California, 1973) (the book at issue, "American Aphrodite", is available online; like a lot of "obscene" publications from that era, it reads like it was written by bright 14-year-olds who have never seen a naked woman)

[The Margrave of Azilia]

IIRC Harlan said only the states could ban obscenity so he dissented in favor of Roth – his prediction of Roth’s success may have been based on his (Harlan’s) own views.

[bernard11]

Excellent moustache.

[Dan Schiavetta]

The only Chief Justice who looks like he would be fun to be around.

The others (at least from their portraits), not so much. I’m going on the pics on the wikipedia article.

John Jay: bored with the job
Rutledge: distracted
Ellsworth: suppressing a fart
Marshall: sitting for a portrait is beneath him
Taney: old and ill
Chase: good looking, posing for the $10,000 bill
Waite: he knows he has to look fierce so as to hide a mediocre intellect
(Fuller)
White: digesting his four-course breakfast
Taft: waiting for his four-course lunch
Hughes: modeling his beard after his miniature schnauzer
Stone: too earnest, will misunderstand every attempt at a joke
Vinson: to him, it’s just another political job
Warren: aware that short hair makes him look pinheaded
Burger: hoping to get by on looks
Rehnquist: obviously hiding a lot of secrets
Roberts: forced grin; “mess? what mess?”

[Syd Henderson]

Taft looks like he might be an enjoyable lunch companion.

[bernard11]

As long as you don't let him eat your food.

[The Margrave of Azilia]

The Taft family crest has the motto "Tu Ad Illud Consummare" which is Latin for "Are You Going to Finish That?"

[Dan Schiavetta]

LOL

[The Margrave of Azilia]

Don't try to erect a statue of him next to the courthouse.

https://www.centralmaine.com/2021/04/22/augustas-controversial-fuller-statue-is-back-in-private-hands-but-a-panel-says-new-location-education-remain/