Today in Supreme Court History: November 12, 1975

11/12/1975: Justice William O. Douglas resigns.

Justice William O. Douglas

Comments

[Dan Schiavetta]

Winter v. Natural Resources Defense Council, 555 U.S. 7 (decided November 12, 2008): vacating stay of antisubmarine SONAR use by Navy off California shore; strong national security interest and no showing that it actually harms marine mammals ("not a close question")

Barnhart v. Thomas, 540 U.S. 20 (decided November 12, 2003): laid-off elevator operator was properly denied Social Security Disability; though suffering from heart disease, lumbar strain, etc., was still able to physically do old job; did not meet definition of "disability" and also Chevron deference to finding of SSA appeals board

Kelly v. Robinson, 479 U.S. 36 (decided November 12, 1986): court-ordered restitution obligation (monthly payments to victim after larceny conviction) is not dischargeable in bankruptcy

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I probably could get an answer by downloading something and wading through legalese, but .... an elevator operator laid off in probably the late 1990s? If someone had told me there still were some, I'd guess only at some swanky New York condo tower for the ambience, which would make me wonder why he was suddenly no longer necessary. Did the Y2K bust suddenly bring in a new lower class of residents and he was unaffordable? Or did the dot com bust send some pretentious startup swirling down the drain?

[Dan Schiavetta]

The courthouse at 80 Center Street (Manhattan) had an elevator operator into the early 2000’s. Presumably union featherbedding. Must be the world’s most boring job. The only excitement is when someone’s sick or the elevator stalls, and in that case all he does is push the red button instead of a black button.

[John F. Carr]

Laid off in 1995, lived in New Jersey.

[Dan Schiavetta]

Thanks
A more interesting life watching reruns of “What’s Happening!” but making much less $.

[Frank Drackman]

and was 3 years younger than Sleepy is now... Jeezus

[F.D. Wolf]

“Wild Bill” Douglas served 36 years, 209 days on the Court, the longest tenure of any justice, surpassing runner-up Stephen Field by more than two years.

I believe Douglas really wanted to be President, and had his opportunities, but, ultimately, he was afraid to take the risk, choosing the security of his lifetime appointment.

While it was still uncertain whether President Franklin Roosevelt would seek an unprecedented third term in 1940, Justice Douglas, a favorite of Eastern liberals, was heavily promoted in the press as a potential presidential candidate. In 1944, he was probably Roosevelt’s first choice to be his running mate, but party bosses ultimately felt Harry Truman was a better choice. Had Douglas unequivocally expressed his desire for the position, he probably could have had it.

In 1946, President Truman offered Douglas the position of Interior Secretary, which he considered, but ultimately declined. Truman also offered him the VP slot in his 1948 campaign, which he declined. (This may very well have been influenced by the conventional wisdom that the unpopular Truman was certain to lose the 1948 election.)

Even into the 1950s, the media would continue to speculate that Douglas had political ambitions. In 1951, Douglas issued a public statement that the United States should recognize Red China. An angry President Truman responded to him in a blunt letter: “I am sorry that a Justice of the Supreme Court has been willing to champion the cause of a bunch of murderers in a public statement. You have missed the boat on three different occasions, if you wanted to get into politics.” Later that year, Douglas would write a letter to Truman expressing his intent to make the Court his lifetime career. Douglas would never again seriously consider political office.

[Dan Schiavetta]

Thanks.

Nowadays it’s inconceivable for Supreme Court judges to become politicians, or vice versa, but it used to be common.

Douglas had a brilliant mind but he was a horrible human being and after that episode you mentioned with Truman he pretty much lost interest in his work. He became a lazy knee jerk liberal and into his 60’s went to bed with younger and younger women. (Ewwww. . . Look at that wrinkled face. And that’s just his face . . .)

[Mr. Bumble]

Jealous?

[Dan Schiavetta]

I think I can speak for most guys my age when I say we like hanging out with young women, mostly because we’re so curious about what they think (it was such a f—king mystery to us when we were young, maybe they’ll be more honest with us old guys). But outright flirting is creepy, and if any young woman shows actual interest, we consider that to be an immediate turnoff and a big red flag (she’s got daddy issues —!).

[Drbusybody]

You are accusing the other commenter of being envious. Not jealous. Envy means you want what someone else has. Jealous means you're afraid someone else is going to take what you have.

One of the reasons Justice Douglas did as much traveling, writing, and speaking as he did was because he needed the income from those books and speaking engagements. His divorce from his first wife, who was somewhat older than him, required him to pay her a hefty percentage of his court salary in alimony.

After his divorce from his second wife, Douglas married a college senior who was writing her senior thesis about him. This marriage did not last. He next married a law student and stayed with her until death did them part.

Douglas and his successor John Paul Stevens are the only two supreme court justices in history to ever have been divorced.

[David Nieporent]

Douglas and his successor John Paul Stevens are the only two supreme court justices in history to ever have been divorced.

Clarence Thomas.

[Drbusybody]

Thanks. I forgot that.

[Frank Drackman]

You like your scrotums nice and smooth.

[F.D. Wolf]

Thank you, I was unaware of that aspect of Douglas' character. I find him an interesting figure, have read a bit about him, though never his autobiographies or a full-length biography, though I really must.

He seemed to have a bit of a Teddy Roosevelt vibe, able to appeal to Eastern intellectuals and Western rustics alike. I suspect, had he been the Democratic nominee in 1940, he would have won. How that would have worked out for the nation on the eve of WWII, who could say?

It is interesting that you mention the episode with Truman as a turning point, I hadn't considered that, but it makes sense. Despite his pledge to devote himself to the Court, he travelled extensively on the 1950s, writing several travelogues chronicling his visits, to the exasperation of many, including his colleagues on the Court who did not appreciate all the time off he was taking. Douglas had been a very close friend of Roosevelt, and I wonder if his death unduly affected him.

Of course, I'm sure the answers to all these questions can be found in all that reading I have said I must do.

[Dan Schiavetta]

The two biographies of Douglas, both excellent, are “Independent Journey” and “Wild Bill”. How many of us with an independent streak would turn out well if guaranteed a lifetime job in an atmosphere of unconditional deference and respect? Not many of us, probably.

[BrotherMovesOn]

F.D. Wolf, I second captcrisis' recommendation of 'Wild Bill'. It's quite a read. It's inconceivable today that a Justice could live such a lifestyle.

[The Margrave of Azilia]

Also known as the penumbra guy.

[Mr. Bumble]

Young penumbras?

[Curle]

Douglas’ last of four wives.

https://miro.medium.com/max/750/1*lfKFWS-QVi_c93dY0vXSYw.webp

[The Margrave of Azilia]

It's good to be the Imperial Judiciary.