Today in Supreme Court History: September 23, 1971

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

Justice John Marshall Harlan II

 

Comments

[Commenter_XY]

As a resident of the Democrat People’s Republic of NJ, I simply want to say: We truly deserve the representation we elect, like Senator Robert Menendez, indicted for bribery by the Feds on Friday.

Thanks Senator Menendez, for publicly confirming to all what we have privately thought (and said amongst ourselves): You are corrupt AF.

The wonders of a Blue State Paradise...

[Krychek_2]

So much for the theory that the Biden Justice Department only indicts Republicans.

[Mr. Bumble]

Sure it does.

[Jerry B.]

Don't worry. They'll find some way to exonerate Menendez, just like they have before.

[Frank Drackman]

So where's the "Mugshot" "Perpwalk" "Bail"??
I think he may be a bit of a "Flight Risk"
OK, I understand why Senator No-Neck's(the man has no Neck!!)
"Funds" may be a bit "limited" (I prefer my Gold in 1 Oz quantities)

[The Margrave of Azilia]

Biden is quite brave, risking the possibility that Menendez will be replaced by a Republican.

[Rev. Arthur L. Kirkland]

The wonders of a Blue State Paradise…

Why have you not moved to a red state, to rid yourself of educated, modern, successful neighbors and enjoy the amenities of a community of poorly educated, childishly superstitious, roundly bigoted, obsolete hayseeds?

Can't afford the bus fare to Tennessee, West Virginia, Wyoming, Alabama, or Kentucky? Too broke to make it to Mississippi, Arkansas, Idaho, Kansas, or Oklahoma?

Why not head toward central Pennsylvania or backwater Ohio . . . those areas are nearly as desolate and failed as Republican-controlled communities.

[Commenter_XY]

Arthur, I've been looking at potential second home candidates in East TN. No great rush. The market is frothy; I can wait. From a taxation perspective, I will just need to spend 185 days in TN and I can ditch the People's Republic income taxes.

No need to sell my primary (for now) residence.

[Frank Drackman]

East Tennessee?
Thats literally the most Un-bettor/Klinger part of the South (HT Rev. Sandusky) And although "Deliverance" was set in Georgia, the events occurred later, in TN:
"This is a true story. The events depicted took place in 1973. At the request of the survivors, the names have been changed. Out of respect for the dead, the rest has been told exactly as it occurred.'
185 days in TN? it'll seem longer.
and you're not the first to think of these Scheme/Scam, so might want to make sure you're not registered to Vote/Drive/Practice a Profession/Live somewhere else
And if you're going through all that trouble, FL may be better as TN still taxes a flat 1 to 2% tax rate that applies to income earned from interest and dividends.
OK, with Parkinsonian's Joe Economy that's not currently an "Ish-yew)
Oh, and the local Sales Tax is about 10%, isn't that something
thats supposed to be so great??

Frank

[Commenter_XY]

Yes, the 10% sales tax is a real PITA. Still though, the cost of living is 80% of the national average, all-in.

FL is a very, very close second. Property is not cheap, though.

[not guilty]

I went to law school in Knoxville. The Smoky Mountains are beautiful.

[Rev. Arthur L. Kirkland]

The mountains may be beautiful.

The state is ugly.

[Commenter_XY]

not guilty, a UT grad? You like the color orange? 🙂

[not guilty]

Most definitely.

[Frank Drackman]

So when's the " Mugshot"???? "Perp Walk"??
I'm guessing DOJ's holding out on the Kiddie Porn charges pending a "Plea Deal"
and what the fuck happened to his Neck? He has No Neck!!

Frank "Has a neck, a skinny/pencil neck one"

[not guilty]

Senator Menendez deserves a fair trial and the presumption of innocence. Whether he is fit to continue to serve in the Senate is a different matter. IMO he should resign forthwith.

I don't know all of the underlying facts, but I wonder whether the senator conspired to commit official acts presents a triable issue. Even if it does, the conduct described in the indictment is really sleazy. https://s3.documentcloud.org/documents/23989457/senator-bob-menendez-indictment-sdny.pdf I wonder if Senator and Mrs. Menendez paid income taxes on the cash, gold, car and other goodies.

[Commenter_XY]

What does that actually mean = I wonder whether the senator conspired to commit official acts presents a triable issue

I mean, the SDNY just indicted him. There is going to be a trial of some kind, unless there is a settlement.

[not guilty]

I mean a potentially viable issue for the defense at trial. But even so, there is the conspiracy to commit extortion count, which is likely more problematic for the defense.

[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)

[Commenter_XY]

The only other thing I want to mention. Hopefully this tidbit makes it to Professor Bernstein. It is raining all weekend in Philly; nice and heavy today, and on-and-off rain all day Sunday. Hopefully, those Palestinian Writes anti-semites will be cold, wet, and thoroughly miserable (but completely unharmed!) all day, no matter where they are in Philly.

It is poetic justice....(and the answer to one man's prayer).

[SRG2]

FWIW I am thinking about putting together a team for Penn Relays called "Maccabi All-Stars" with a uniform displaying a prominent Magen David.

[F.D. Wolf]

As probably the most conservative member of the Warren Court, Harlan frequently found himself in dissent. Despite this, he was well liked by his colleagues on the Court. He frequently dined with the cantankerous Justice Hugo Black, who once said, "John Harlan is one of the few people who convince me there is such a thing as a good Republican." Jurisprudentially, Harlan was perhaps most closely identified with Justice Felix Frankfurter, but lacked Frankfurter's often acerbic nature, earning him the nickname around the Court of "Frankfurter without the mustard."

[Dan Schiavetta]

In 1971 I read the New York Times every morning, thoroughly. And its full-page obit of Harlan, on page 27 or so. The case which propelled Harlan to prominence involved a naked woman in a bathtub full of champagne. Naturally as a 14 year old boy that paragraph caught my attention. I had to read it twice to find out that the nudity was not the illegal part; it was during Prohibition.

[Frank Drackman]

Dammit! I need to read that case!

[Dr. Ed 2]

Citation, please!

And she'd get hypothermia if she was in it any length of time. Even at 40-50 degrees, she'd loose fine motor control in 5 minutes, consciousness in 30 minutes, particularly if she were slender. Anything colder would be much faster...

[Dan Schiavetta]

From the actual article:

Justice Harlan was to say later that there had been “few lurid moments” in his profes sional career — with one of those few being his prosecution for perjury of the theatrical producer Earl Carroll in 1926. Mr. Carroll, it seemed, had given a party on stage in which a naked young woman sat in a bathtub full of champagne; guests filled their glasses from the tub. Mr. Carroll’s lawyer protested that if the producer had lied to a grand Jury in saying there was no liquor about, he had “lied like a gentleman,” but prosecutor Harlan won his point.

[Mr. Bumble]

Get back to us when Murphy says something important.

[Jerry B.]

Did he call for Menendez's resignation the first time, back in 2012, when he was being investigated by the Justice Department, or in 2015 when he was being bribed by a Florida eye doctor?

He has the Magic (D), so it's hard to do anything to him.

https://www.msn.com/en-us/news/politics/senator-menendez-was-indicted-once-before-heres-a-history-of-his-legal-woes/ar-AA1h7rI9#image=1

[Mr. Bumble]

The point is the attempt to remove Paxton failed.
You saying so does not prove Paton is corrupt and though I'm pretty sure Menendez is (corrupt) he should be presumed to be innocent (he beat the rap last time around) until found guilty at trial.

[Mr. Bumble]

You brought up Abbott and Paxton.

[Commenter_XY]

That was funny, I agree.

[Frank Drackman]

Queenie's Mammy got way too much of the "Mustard" from the 1972 NFL Chiefs/Raiders/Cowboys/Packers/Patriots/Giants/Jets?Rams......
and it's "here" what are you? some illiterate Jungle Monkey ??
Oh wait,
it is "Hear"
my bad, Game of "21" you get "Firsties"?

Frank

[Frank Drackman]

Still depressed about Vince Lombardi fucking yo Mammy up the Ass??, but was wearing a Condominium so she had to blame your 11th or 12th sibling on Markus, or Jamaal, or Lamont…. Hey, I like this “Yo Mama got fucked by Niggers” theme…
How many Vietnam Vets did your Nigger Mammy treat??

Frank “OK, I’ll give you Michael Jackson”

[Dilan Esper]

It sucks, but this strikes me as a political question. The political branches control the power to raise and support armies under the Constitution and I don't see how the judicial power extends to it.

Maybe the best analogue (although it is a stretch) was the Totten case, where the Court held that even though a spy had a contract with President Lincoln, the spy couldn't sue for breach of contract in court. The courts simply had no jurisdiction over such a contract, which was reserved to the executive branch.

[o estrangeiro]

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