Today in Supreme Court History: August 24, 1946

8/24/1946: Justice James McReynolds dies.

Justice James McReynolds

Comments

[AmosArch]

One of the greatest justices in history. A true patriot.

[Mr. Bumble]

Per Wiki:
"In his 26 years on the bench, McReynolds wrote 506 majority opinions for the Court and 157 dissents, 93 of which were against the New Deal. He was part of the "Four Horsemen" bloc of conservative justices who frequently voted to strike down New Deal programs. He assumed senior status in 1941 and was succeeded by James F. Byrnes. During his Supreme Court tenure, McReynolds wrote the majority opinion in cases such as Meyer v. Nebraska, United States v. Miller, Adams v. Tanner, and Pierce v. Society of Sisters. Due to his temperament, bigotry, and his opposition to the domestic programs of the FDR administration, McReynolds is sometimes included on lists of the worst Supreme Court justices.[4]"

[SRG2]

But it's his general bigotry and anti-Semitism that so appeal to AmosArch

[Malika]

Surely, he admires him as the inventor of substantive due process.

[Sarcastr0]

Which do you like more, Amos, the laziness, his antisemitism, or his racism?

[Malika]

It's difficult for me to get the kind of conservative or libertarian who gets so ostensibly upset that a 'welfare' program is administered by the federal government. I can get the value of federalism at some intellectual, abstract level but some of these people really seem to have a visceral take on it. I wonder if it was the case that every state passed a program at the exact same level if they'd be fine with it or if it's more the idea of a welfare program itself that's upsetting to them and federalism is a convenient cudgel...

[Dan Schiavetta]

In general, people who assert federalism objections also don’t like it when states do the same thing.

[David Nieporent]

If a program is implemented at the state level, we can Vote With Our Feet™.

[Noscitur a sociis]

Is this ignorance, performative edginess, or unironic bigotry? The world may never know!

[Frank Drackman]

Didn’t this dude just did the other day? Time Dilation sucks, seems like the 1970’s lasted forever, 1980’s about the same, now seems like yesterday Barry Hussein was telling George Snuffalufagus he appreciated McCain not making an Ish-yew of “My Muslim Faith”, George thoughtfully corrected Barry “you mean your Christian Faith”

Frank

[Dan Schiavetta]

Kemp v. Smith, 463 U.S. 1321 (decided August 24, 1983): Powell denies stay of execution; notes that case has been reviewed 16 times by federal and state courts; doubts that Eleventh Circuit will agree with defendant on new issues but notes that they heard arguments the day before (it ruled against defendant, 715 F.2d 1459; after cert and another stay was denied, defendant was executed on Dec. 15, 1983, the first execution in Georgia since death penalty was reinstated in 1976)

[JoeFromtheBronx]

Yes, the author of Meyer v. Nebraska, Pierce v. Society of Sisters, and U.S. v. Miller. Wikipedia notes he was known as "Scrooge" and he apparently was never visited by the ghosts:

Knox wrote "in 1946 he [McReynolds] died a very lonely death in a hospital – without a single friend or relative at his bedside." He was buried in Kentucky, but no member of the Court attended his funeral. In contrast, as the clerk noted, when McReynolds's aged African-American messenger, Harry Parker, died in 1953, his funeral was attended by five or six justices, including the chief justice. McReynolds's brother, Robert, visited him in the hospital shortly before his death.

He did donate his whole estate to charity. Perhaps, since he didn't like anyone he knew enough to give anything to them.

==

The Brits invaded D.C. and burnt the Capitol OTD in 1814, requiring them to find a new place to hold court for a few years.

During the Capitol’s reconstruction, a nearby tavern and another temporary courtroom were used to hold oral arguments.

[JoeFromtheBronx]

https://www.businessinsider.com/what-its-like-to-work-with-prisoners-on-death-row-2013-2

[discusses the execution]

[Dan Schiavetta]

Thanks, for a different angle on this. We don't often hear about the effect working on death row has on guards and support staff.

[Frank Drackman]

Working in a prison is tough? Maybe work your life so you don’t have to work in a prison

[Mr. Bumble]

Maybe there wouldn't be as much of a problem if it didn't take 20+ years to carry out the sentence.

[LawTalkingGuy]

“Who Owns Death” by Robert Jay Lifton explores this topic.

[The Margrave of Azilia]

McReynolds - an a_____e, but at least he gave the opinion in Pierce v. Society of the Sisters and had a rare agreement with Holmes (in dissent) on executive removal power in the Myers case. Still don't know about that last one, since if the dissent had prevailed the Deep States would have become deeper, but that doesn't mean the dissents were wrong.