Today in Supreme Court History: July 14, 1913

7/14/1913: President Gerald R. Ford's birthday. He would appoint Justice John Paul Stevens to the Supreme Court.

President Gerald Ford

Comments

[Dan Schiavetta]

Barr v. Lee, 140 S.Ct. 2590 (decided July 14, 2020): stay of execution (actually denial of preliminary injunction) denied to death row inmates because their claim that execution by pentobarbital sodium injection was “cruel and unusual” was unlikely to command four votes for certiorari (the per curiam opinion points out the surprising [at least to me] fact that the Court has never found a method of execution to be cruel and unusual); Ginsburg and Breyer dissent on the basis that the death penalty was unconstitutional, Sotomayor because this issue should not be disposed of so hastily on an application for a stay (the lead petitioner, Daniel Lewis Lee, was executed the next day, the first federal execution in 17 years)

[Dr. Ed 2]

I don't see why we don't just use fentanyl.

[Frank Drackman]

Whole problem with lethal injection is you need an IV, and don’t tell me you’ll get Anesthesiologists, because surprise, our goal is not to kill people with Fentanyl. The old fashioned “Drop Hanging” was very effective, any consciousness after a C2 Fracture/Dislocation is a few seconds, still used by those masters of ingenious torture techniques, the Japsansese, also India, Pock-E-Ston, Ear-Ron, Kuwait, so you know it’s effective. Watch So-damn-Insane’s execution video sometimes, he went off like a light switch.

[Dr. Ed 2]

The Soviets once introduced fentanyl gas into a theater where terrorists were holding hostages. Managed to kill some of the hostages in the process but -- surprise, surprise -- all of the terrorists died.

But you still have to start an IV for the current lethal injection.

As to hanging, Saddam's was done with American advice, they used a pipe. Hanging in the Islamic world is usually a gristly affair because it becomes strangulation and not the C-2 fracture.

[The Margrave of Azilia]

Let's see what professsor Wik E. Pedia has to say about this.

First federal execution since 2003 - prosecuted apparently under federal racketeering laws.

"In January 1996, Lee and [Chevie] Kehoe left the state of Washington and traveled to Arkansas. On January 11, 1996, they arrived at the home of William Frederick Mueller, a gun dealer who lived near Tilly, Arkansas who possessed a large collection of weapons, ammunition, and cash. Kehoe and his father had robbed Mueller in February 1995, and Kehoe expected to find valuable property at the house. Dressed in police raid clothing, Lee and Kehoe tried to enter Mueller's home, but the family was not in. When they returned, Lee and Kehoe overpowered and incapacitated Mueller and his wife, Nancy Ann Mueller (née Branch). They then questioned Nancy Mueller's 8-year-old daughter, Sarah Elizabeth Powell, about where they could find the cash, guns, and ammunition, forcing her to talk by shocking her with an electric cattle prod. After finding $50,000 in cash and gold (equivalent to $93,295 in 2022), and $30,000 worth of firearms and firearm parts, they shot each of the three victims with a stun gun. They then placed plastic bags over their heads and sealed the bags with duct tape, suffocating them to death. They took the victims in Kehoe's vehicle to the Illinois Bayou river, 45 miles (72 km) away, where they taped rocks to them and threw each family member into the swamp. Lee received $3,000 or $4,000 and a pistol for his part in the crime. The bodies were discovered in Lake Dardanelle near Russellville, Arkansas in late June 1996."

[Frank Drackman]

Played too much football without his helmet.

[Mr. Bumble]

What's Biden's excuse?
Trip, Stumble and Fall seems to be his theme song.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

And still no helmet.

[Frank Drackman]

you remember, he was going to play with Roger Staubach at the Naval Academy but Sleepy found out about the "Honor Code"

[Dr. Ed 2]

Say what you want, Ford used to go skiing and was so good that the USSS was hard pressed to find enough agents who could ski at his ability to make up a security detail. Yes, Chevy Chase lampooned him, back when SNL was actually funny, but I still remember the story about the USSS having to scramble to find enough agents that were able to ski at Ford's ability level.

[Frank Drackman]

Ford was also a Lefty (not one we like to claim) he confused the ish-hew by playing Tennis Righty (probably first POTUS to play Tennis, hey it was the 70's, even Alan King had a Tournament) but was due to having a torn (left) Rotator Cuff. He came super close to beating Jimmuh Cartuh even with the Albatross of Milhouse and those inane "Whip Inflation Now" buttons, and it was Jimmuh who brought up the "Misery Index" a Whopping 12 percent in 1976, Jimmuh really did a great job, getting it up to 20% by the end of his (thankfully) 1 term

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Calvin Coolidge’s son got a blister playing tennis in 1924, 99 years ago, which got infected and he died. Whether papa played tennis or not, or a previous occupant, I do not know.

[F.D. Wolf]

On December 1, 1974, while vacationing with his wife in the Bahamas. Justice William O. Douglas suffered a stroke that would leave his left arm and leg paralyzed. President Ford sent an Air Force jet to bring the couple home. When informed of this, Douglas remarked to his wife, “My God, you know they’ll drop us in Havana!” (Ford and Douglas were not on good terms. In April 1970, Ford, as House Minority Leader had demanded an investigation, and, if warranted, an impeachment vote on Douglas).

Douglas did not leave Walter Reed Hospital until March 24, 1975, and had to make frequent returns there throughout the remainder of the Supreme Court term. Despite the backlog of cases he was causing, Douglas resisted the calls from colleagues, friends, and family to resign. When he returned for the October term, his condition had deteriorated significantly. He was unable to stay awake for the majority of oral arguments and was clearly having trouble communicating and understanding. (Unbeknownst to Douglas, the other justices had agreed that should they be split 4-4 on a case, and Douglas would be the deciding vote, they would hold the case over for re-argument in the next term). Finally, having been told by his doctors that his condition would not improve, and he would be in almost constant pain the rest of his life, Douglas announced his retirement on November 12. He could not bring himself to deliver his resignation letter to Ford, instead directing his wife to deliver it to the Justice Department. Ford’s letter of response was a glowing tribute to Douglas, thanking him for his years of service.

President Ford would nominate Judge John Paul Stevens of the Seventh Circuit to succeed Douglas. Stevens was confirmed by the Senate 98-0 on December 17 and sworn in two days later. The wheelchair-bound Douglas was present at the swearing-in ceremony. President Ford approached him and said, “Good to see you, Mr. Justice.” Douglas sardonically replied, “Yeah. It’s really nice seeing you. We’ve got to get together more often,” and had himself wheeled away.

[Dan Schiavetta]

Thanks, but his stroke was on December 31, not December 1!

Knowing that Ford would pick his successor was probably the main reason he refused to retire. One could look up his disastrous in-office press conference in April 1975, and his gaping-mouthed hearing of an application in September 1975 (which I summarized here).

This story was told in extensive detail by Woodward and Bernstein in “The Brethren”. Also by the two good biographies, “Independent Journey” by James Simon (who interviewed Douglas in retirement) and “Wild Bill” by Bruce Allen Murphy.

[F.D. Wolf]

Thank you! I got the December 1 date from John Robert Greene’s The Presidency of Gerald Ford (1995), but, looking now, every other source seems to give the date of December 31. The rest is, indeed, from The Brethren and from the April 11, 2019, issue of Virginia Law Weekly. About ten minutes of research, I’d say.

[Dan Schiavetta]

I remember when it happened. I was a senior in high school, and upset to read the news, because Douglas was (was) a hero of mine.

[Frank Drackman]

I like how Douglas pulled a George Costanza and kept showing up for work after he resigned, demanding clerks to assist him and wondering where his Briefs were (Senescent Joe forgets his Briefs also, different kind of Briefs) I guess he finally got he message and stopped showing up.

[Commenter_XY]

captcrisis, may I ask what made Justice Douglas a hero of yours? I am curious. I bet there is a good story there.

[Frank Drackman]

Dude married a 22 year old hottie when he was 66, Judge had game!!!!

[apedad]

I mentioned in another blog we should have a 25th Amendment – style amendment for federal judges.

The SC justices (5? 6? 7? unanimous?) would say, Justice ABC is no longer able to meet the duties of the office.

Then Justice ABC would be able to respond.

If there is still disagreement, it would go to (House? Senate), for final resolution.

I would leave the President out.

[Magister]

It seems like a good idea, to give the rest of the Supreme Court the power to make such an initial determination. Congress could remove a justice by impeachment, but it seems a little harsh just from the implication of wrongdoing.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I wish I knew more history behind impeachments. It seems strange to have such an all-or-nothing process, and then to call it for "Treason, Bribery, or other high Crimes and Misdemeanors" adds to my confusion; IANAL, and "misdemeanors" seems out of place among treason, bribery, and high crimes.

[Dan Schiavetta]

Some pretty serious crimes were technically classified as misdemeanors. I think that's the reason the word was included.

[ReaderY]

As someone said during the Clinton impeachment,

“It was a very low crime that Mr. Clinton committed, and not a high crime at all.”

[Mr. Bumble]

Yes, "low" would be a good word to describe the behaviour
of Bill Clinton (Hillary, also).

[F.D. Wolf]

The word “misdemeanor”, as used in the Constitution, is not used in the sense of crimes lesser than felonies, but something more akin to “bad behavior” which might not actually be criminal (or at least not felonious) like drunkenness on the job or chronic unexcused absenteeism from work. (What would you do with a judge who simply refused to show up to work?)

[Dr. Ed 2]

Look up the impeachment of Sameul Chase, SCOTUS justice.
Senate voted not to remove him.

[Frank Drackman]

Great Idea,
I think there are several actual methods such an amendment could got through to get ratified.
I've got some better ones.
1: No one can serve in Congress/Senate/House/POTUS/VPOTUS unless they've served in the military (full enlistment?? that's what the debates in Congress/State Conventions are for)
2: Any Increase in the National Debt shall be assigned to the Indebtedness/Credit Rating of all Representatives/Senators/POTUS who approved increases in the Debt. (When's the last time Chucky Schumer had to pay cash for anything? and get your mind out of the gutter!)

Frank

[ReaderY]

I guess in the summer months one has to really scrape the bottom of the barrel to find something relevant to something relevant to something that happened at the Supreme Court.

[Magister]

Movie reviews! Just sayin'.

[Dan Schiavetta]

Shortly. I'm making a list.

[Frank Drackman]

My Fellow Conspirators, let me make this perfectly clear, there was a fairly important Surpreme Court decision on July 24th, 1974, can't believe all the mediocre judges I nominated voted to (redacted) me up the (redacted) The one decent one, Rehnquist pulled a Jeffy Sessions and "Re-cused His-suf"

Richard Milhouse Drackman

[Mr. Bumble]

Anyone know the reason for the long Summer recess by the Court? The beginning of the term is set by statute be I see no mention of when a term ends (I assume it ends with the beginning of the new term). Was it a holdover from when Justices road circuit or because before air conditioning Washington could be unbearable during the Summer?

[Dr. Ed 2]

"Ford’s letter of response was a glowing tribute to Douglas, thanking him for his years of service."

Ford was a class act. When his motorcade ran a red light and the local PD hadn't blocked off the street (as they were supposed to) a guy who had the green ball ran into his limo.

When Ford heard about what had really happened, he told the USSS to stop harassing the guy and instead pay for the damages to his car because he wasn't at fault.

I think that Ford is the only President to have *two* assassination attempts made against him, at least in a 2 year term. One was a Manson daughter whose gun jammed, I forget the details on the other one.

[Dan Schiavetta]

Walter Sipple was the Secret Service agent who pushed the assassin aside and saved Ford's life. Ford was going to do a photo op shaking his hand but then found out Sipple was gay. The photo op was canceled and Sipple got a thank you letter instead.

This was probably not because Ford was homophobic but because of the homophobia and possible fear-mongering by his Republican opponents for the 1976 nomination. ("Look -- he shook hands with a gay guy!")

[Dr. Ed 2]

To be on the Presidential detail, he'd have had to been with the USSS for (let's assume) 10 years. (They don't put rookies on that detail...)

That means he'd have been hired in 1966. In 1964, the Mass State Police were arresting Smith College professors for "suspicion of homosexuality."

I'm surprised that Sipple had a career in the USSS....

[F.D. Wolf]

Oliver Sipple was not a Secret Service agent. He was just a guy in the crowd who grabbed attempted assassin's Sara Jane Moore's arm after she fired a shot.

[Dan Schiavetta]

It was a long time ago -- my memory was spotty.

[Mr. Bumble]

An interesting bit of history and one that makes you wonder what might have been.
Had it not been for Sipple, Ford may have been killed and Nelson Rockefeller would have become President. The third (and second unelected) in a little more than a year.
As for Sipple, it destroyed his life. A Marine, wounded in Vietnam he was being treated at the VA hospital in San Francisco and found a place where he could be himself as a gay man (no don't ask don't tell back then).
He was known and liked in the gay community but otherwise private about his sexuality, even keeping it from his family.
From Wikipedia:
"The subsequent public revelation that Sipple was gay turned the news story into a cause célèbre for LGBT rights activists, leading Sipple to sue — unsuccessfully — several publishers for invasion of privacy, and causing his estrangement from his parents."
Sipple's life went downhill after this and his body was found in his apartment by a friend. It was estimated that he had been dead for 10 days. He was 47 years old.

[Frank Drackman]

And since I love chasing Rabbits, IF Nelson Rockefeller had ascended to POTUS, who would his VPOTUS have been?? Because Rockefeller died "In Flagrante Dilecto" in 1979, and his VPOTUS would have taken the Oval Orifice, would it have been Senator Bob Dull?? the "Gipper"?? (hard to imagine Ronaldus playing second fiddle to that RINO Rockefeller) George Herbert Walker?? (Easy to imagine him playing second fiddle to to anyone)
Frank

[Frank Drackman]

No problemo, anyone can "Mis-remember"

[Frank Drackman]

it was another crazy chick, back when nobody had trouble telling, (except maybe Lou Reed)

[Magister]

Lots of presidents had multiple assassination attempts; two on Lincoln before he was assassinated.

https://en.wikipedia.org/wiki/List_of_United_States_presidential_assassination_attempts_and_plots

Many on that list were plots that were either abandoned or foiled, and many seem really unlikely to have succeeded even in the complete absence of the Secret Service, but Lincoln did get shot at twice, the second time killing him.

[The Margrave of Azilia]

“Only one man, an unreliable Washington cop named John Frederick Parker, was assigned to guard the president at Ford’s Theatre on April 14, 1865….

“…Parker’s record as a cop fell somewhere between pathetic and comical….When he was brought before the [DC police] board for frequenting a whorehouse, Parker argued that the proprietress had sent for him….

“Parker was seated outside the president’s box, in the passageway beside the door. From where he sat, Parker couldn’t see the stage, so after Lincoln and his guests settled in, he moved to the first gallery to enjoy the play. Later, Parker committed an even greater folly: At intermission, he joined the footman and coachman of Lincoln’s carriage for drinks in the Star Saloon next door to Ford’s Theatre.

“John Wilkes Booth entered the theater around 10 p.m.. Ironically, he’d also been in the Star Saloon, working up some liquid courage. When Booth crept up to the door to Lincoln’s box, Parker’s chair stood empty….

“…When Booth struck, the vanishing policeman may have been sitting in his new seat with a nice view of the stage, or perhaps he had stayed put in the Star Saloon. Even if he had been at his post, it’s not certain he would have stopped Booth [sure, it’s hard to be certain, but we never had a chance to find out]….

“Incredibly, Parker remained on the White House security detail after the assassination….”

https://www.smithsonianmag.com/history/lincolns-missing-bodyguard-12932069/

[David Nieporent]

but Lincoln did get shot at twice, the second time killing him.

Hey! Spoiler alert, dude!