Today in Supreme Court History: August 21, 1798

8/21/1798: Justice James Wilson dies.

Justice James Wilson

Comments

[Dan Schiavetta]

Matter of Disbarment of Gottfried, 518 U.S. 1043 (decided August 21, 1996): Court disbars Lawrence R. Gottfried, who had been convicted of removal and destruction of government records under 18 U.S.C. §2071. Working for the VA, he evaluated appeals of denials of benefits. He made his job easier by extracting and throwing out documents and then referring the files back because they were incomplete. Eventually this attracted suspicion and then investigation. “From February 9, 1994, to May 10, 1994, the Inspector General copied thirty-eight veterans’ appeals files before the cases were assigned to Gottfried. In thirty-two of the cases, Gottfried removed and destroyed medical records, service records and other documents, and, in each case, he recommended that the Board remand without deciding the merits of the appeal. Some of the missing documents were found among trash on the curb outside Gottfried’s home and in his garage.” (58 F.3d 648 (D.C. Cir. 1995).) (When I was a new lawyer, in the days before e-mail, with a more subversive sense of humor, I asked some older attorneys: “What if every time something came to you, you threw it out without looking at it? How long could you get away with that?” The general answer was: about six months. I never tested this theory -- though I later had a boss who seemed determined to explore the limits.) As for Gottfried, he was on the job for 23 years before the roof fell in.

[Martinned2]

If I'm not mistaken Gottfried's disbarment was simply entered on the record, because he was a member of the Supreme Court bar. But I don't think the Court actually took a serious decision, right?

[Dan Schiavetta]

Correct. The extra information was from the lower court decision. That’s how it almost always is with Court disbarments.

[Noscitur a sociis]

Yes, they typically just enter a one line order to show cause and then a one line order imposing the disbarment. For instance, it looks like they disbarred thirteen other people at the same time. But they are orders of the court, and they are published in the U.S. Reports.

[JoeFromtheBronx]

Ah, how the mighty can fall.

James Wilson was an important Founding Father & a big supporter of participatory democracy. He was a top legal mind and influential defender of the new Constitution.

He ended his life in disgrace, hiding from creditors. He was also portrayed as a bit of a loser in 1776.

Good musical and film. I saw it on stage with Brent Spiner as John Adams. Not always totally historically accurate. Dramatic license and all that.

==

Order lists regularly have lists of disbarments, all with a story. The Order List OTD in 2023 did not.

https://www.supremecourt.gov/orders/courtorders/082123zor_g31i.pdf

[Dan Schiavetta]

Thanks.

1776 unavoidably had some historical distortions, but the wimpy depiction of Wilson was unforgivable. He was a courageous man who was later beaten up by a mob for his support of the Constitution. Speculation was understandably going crazy in that era, with western expansion so predictable (for which financing was needed) and with so much money to be made. Wilson, like some other Founding Fathers (such as Robert Morris), guessed wrong with his investments and was ruined.

[Stephen Lathrop]

Captcrisis — You are right about Wilson. But he remains the most-under-appreciated founder of consequence. His reputation deserves to rank with that of Madison (with whom he was often politically allied), or Jefferson, or Hamilton, or Franklin.

Consider:

1. Wilson was the founder with probably the best formal education about political theory. Wilson was educated at the feet of leading figures of the Scottish Enlightenment, before he emigrated to the colonies.

2. Wilson was one of only 6 founders to sign both the Declaration and the Constitution.

3. At the Constitutional Convention, Wilson spoke more often than any other participant except Gouverneur Morris, more substantively than Morris, and more influentially.

4. Wilson was in fact the most influential figure on the 5-member Committee of Detail, responsible for the task to put into concrete language the consensus which emerged from the debates at the Constitutional Convention. That draft is written in Wison's hand. If the Constitution can be said to have an author, it is Wilson.

5. Wilson was appointed by Washington a member of the first Supreme Court of the United States.

6. Earlier writings by Wilson suggest he is quite likely Jefferson's source for much of the political theory (including some of the language), underlying the Declaration of Independence.

7. Wilson, among all the founders, was the leading theorist in the development of the notion that joint popular sovereignty could find practical application—one of the greatest accomplishments in Enlightenment political theory. That accomplishment—and its demonstration (with Wilson's guidance) under American constitutionalism—revolutionized political thinking throughout the western world. It remains foundational among western nations to this day.

7. Check the index of any scholarly account of the Constitutional Convention. Note how frequent are the references to Wilson, compared to almost all the others. The Pulitzer Prize winning history, Original Meanings, by historian Jack N. Rakove is an example.

8. The cause for Wilson's historical eclipse is partly evident—as you noted—in his personal disgrace over debt. Less evident, but perhaps similarly influential is the fact that post-Civil War revisionist history tended to enhance the reputations of Southerners, and to elevate anti-Federalists. As a Pennsylvanian, and a leading Federalist, Wilson was caught at the wrong intersection.

Wilson's reputation was underplayed in the history books just as the first widely published Ameriocan history books were being written. That influence similarly diminished Hamilton—and even more notably Franklin.

The latter managed to make it into the mid-20th Century without widespread recognition that he had been among the leading Enlightenment figures world-wide, and one of the two or three people most responsible for the American Revolution. Full appreciation of Franklin did not even begin until Yale University amassed most of his papers, and began in the 1970s a multi-decade task to collate and publish them.

I suspect that someday records may turn up to show that at the Convention, Wilson often spoke as a Franklin ally, to urge views favored by that always-enigmatic genius. Franklin—who might have been chosen over Washington to chair the Convention had he not been ailing—remained mostly silent throughout.

Of course, Franklin often preferred to foreground others as a means to disarm opposition to his own pervasive influence. Wilson, on the other hand, looks to have been one of the few figures with political insight Franklin might have relied upon to guide his own conclusions.

[Sarcastr0]

I'm not following the DNC, but I follow many who do. The enthusiasm reminds me of 2012.

It all looks like the cheesiest of pep rallies to me, but as the old political wags say Democrats fall in love, Republicans fall in line.

Lots of desire to fall in love; whether it is real or not I guess we'll see some months hence.

[Dan Schiavetta]

As usual, Dems are peddling hope and inclusion, Repubs hate and exclusion.

[Stupid Government Tricks]

Yes, deplorables and all that.

[Martinned2]

Indeed. Hate is extremely deplorable.

[Dan Schiavetta]

It is always correct to call out racism, and she was referring to only half of Trump supporters, who according to a poll believed that black people were inferior. I’d call that deplorable, wouldn’t you?

[Mr. Bumble]

peddling in American English
(ˈpɛdlɪŋ ; ˈpɛdəlɪŋ )
adjective
busy with trifles; trifling; petty
https://www.collinsdictionary.com/dictionary/english/peddling

[Drewski]

Not surprised you had to look up a common word in English and got the wrong answer. Capt used it as a verb, not an adjective.

[Bob from Ohio]

"JD Vance calls pregnancy resulting from rape 'inconvenient,'" [DNC speaker ] Beshear said [in an interview] "Inconvenience is traffic. Make him go through this."

Wishing rape on a little girl is not very hopeful or inclusive.

[Sarcastr0]

It's clearly wishing JD Vance get MPreg raped.

Just scandalous!

[Bob from Ohio]

Since despite delusions to the contrary, he can't get pregnant, the only way for him to "go through" it is for his wife or daughter to be raped.

[Sarcastr0]

You just don't understand the power of hope.

[Ilya Snowman]

Do you even believe that any more, or do the words ring hollow even in your own mouth now too? Did you ever really believe it...?

Because the rest of the world certainly doesn't believe that about you anymore. AT ALL.

Carry on, totalitarian. The mask of what you're really on about is off and no rhetoric can save you (or help you save face) now.

[Sarcastr0]

Save him from what?

[Ilya Snowman]

🙂

[Sarcastr0]

Not 2012. 2008. And to specify, I mean the Republican convention - Sarah Palin's intro. (I don't remember the 2008 DNC at all even though I watched it)

The cameras shaking from the roar of the crowds was remarkable; still remember it.

[Dan Schiavetta]

The cheering of her pregnant teenage daughter (who, of course, did not follow up on her promise to marry the father) was the ultimate example of IOKIYAR.

[Sarcastr0]

Oh, she ended up being a shitshow. But her performance and persona at the RNC was basically flawless pushing of GOP buttons.

[Ilya Snowman]

Who was pushing the buttons on the Biden robot to have it speak and move at the recent DNC convention?

Are was it more of a Weekend at Bernie's (Weekend at Biden's) kind of manoeuvre?

[Sarcastr0]

He kicked ass from what I hear. High energy, with it, graceful in passing the torch.

Your talking point looks old and sour.

[Ilya Snowman]

Talking points???

The whole world sees through your lies now, totalitarian. The man obviously isn't fit for office.

Then again, all you can do is lie. So there's no point debating with you about this.

Does your family know that, deep down, you're a bad person?

[Sarcastr0]

Deep down? Hardly!

I come from a long line of black-souled villains. The Devil tips his hat to me whenever we pass.
My parents beam at my evil ways and I am the envy of all my miscreant siblings.

[Syd Henderson]

Biden can still give a good speech now and then.

[Dan Schiavetta]

Like anyone in decline, he has occasional “good” days.

[Estragon]

“The affirmative action of generational wealth” really hit hardest, I thought.

[Bob from Ohio]

Michelle Obama also said says her parents were "suspicious of folks who took more than they needed."

She has 4 houses, 2 would be described as mansions.

I guess she needs them though.

[Sarcastr0]

Just slamming in the GOP twitter hits like a stenographer, eh?

They're ankle-biting, and you're adopting other people's ankle-biting.

Lazy AND petty.

[Estragon]

Whine about the houses all you want— the shoe fits. Don is the inescapable embodiment of “born on third base and thinks he hit a triple.”

[Bob from Ohio]

Extremely wealthy person demagogues about wealth.

Sanders also spoke about the"billionaire class", it used to be "millionaires and billionaires" in his speeches but then he became a millionaire so dropped that.

He was followed by the Illinois governor who inherited generational wealth.

The Democratic Party is an organized hypocrisy.

[Sarcastr0]

The Party of Man of the People: Donald Trump is trying to ding Dems for being to rich to call out greed?

Feels like just going through the motions.

[Bob from Ohio]

Trump never denies his wealth.

Pritzer also has taken far more food than he needed. Is Michelle suspicious of him?

[Sarcastr0]

Pritzer is what peak party boss performance looks like.

You wish you had his 1950s machine politician aura.

[Bob from Ohio]

Boss Hogg

[David Nieporent]

Trump never denies his wealth.

Indeed, he constantly fabricates it, like any good con man pretending to have much more than he really does.

[Ilya Snowman]

Meanwhile, your new blue team candidate wasn't even chosen by the people to lead her party.

Carry on, totalitarian. I'm sure there are several illegals from central America you need to exploit today as neo-serfs for your own comfort and enrichment.

[Sarcastr0]

Candidates are chose by delegates, not 'the people.

Oh hey guess what this convention is for? Oh hey guess what all the delegates did?

I have it on good authority they did it like this specifically to piss you off because we all know you love freedom the most of anyone around and are thus our nemesis.

[Ilya Snowman]

Gee, I wonder how the delegates came to vote as they did...

Anyway, I certainly love freedom more than you. That's not difficult to establish, of course, since you're an evil totalitarian liar.

[David Nieporent]

Gee, I wonder how the delegates came to vote as they did…

(((We))) intimidated them into doing so with our space laser.

[JoeFromtheBronx]

Had some good musical accompaniment yesterday.

I don’t want to “fall in love” but do respect various of the people who spoke & the Second Gentlemen’s love for his wife is touching. And, cheering him on was his ex-wife.

Seems Democrats are “falling in line” a lot too. For instance, progressives in the House have been quite consistent in supporting the party when necessary, even when it requires them to compromise. Republicans are the ones who couldn’t pick a Speaker more than once.

Politics is partially about “pep rallies” — rallying the troops etc.

[Bob from Ohio]

"cheering him on was his ex-wife."

No self respect.

[Sarcastr0]

More supportive of him than Trump's latest wife is of him.

[Bob from Ohio]

I thought you hated Whataboutism?

[Sarcastr0]

You made no argument to whattaboit on.

Just shows you are a petty and insecure man.

[Bob from Ohio]

She [fortunately] is not my wife or ex-wife. Nothing to be insecure about.

"no argument"

"No self respect" is in fact a brief "argument" [observation if you prefer] that she lacks self respect by supporting the man who cuckquean-ed her.

You respond with a comment about a totally unrelated person. Whataboutism.

[Sarcastr0]

Sometimes people forgive.

Judging people for that from a afar is…a choice I guess.

[David Nieporent]

It was 15 years ago; should she still be bitter? They had two kids that they continued to jointly raise; one would hope she had gotten past it and supported her ex-husband.

[Bob from Ohio]

"should she still be bitter?"

Not a matte of "bitterness", but self respect, as I said.

"she had gotten past it "

Getting on with one's life is good, rewarding the adulterer with political support is not needed to "get past it".

[Sarcastr0]

You're turning a personal act of grace into public weakness.

That's not how it works.

[David Nieporent]

Do I want the mother of my children to enjoy great personal success, even if we stop getting along with each other? Yes, because I love my kids.

[Sarcastr0]

Oh yeah, the DNC not being for me doesn't mean I think it's bad. I think it was really well pulled off, and so far seems to be paying off really well in grassroots enthusiasm. Means volunteers and money.

The hope is it's at the level there will be a bandwagon effect puling people towards the party that looks like it has the winning momentum. Dunno if I've seen a convention pay off like that in my lifetime.

Yeah, the old saw on falling in love/line predates Pelosi. I interned in the House, and under her watch falling in line became a Dem specialty. Compare and contrast Boehner.