Today in Supreme Court History: September 3, 2005

9/3/2005: Chief Justice William H. Rehnquist dies.

Chief Justice William H. Rehnquist

 

Comments

[Dan Schiavetta]

Knickerbocker Printing Corp. v. United States, 75 S.Ct. 212 (decided September 3, 1954): in Eminent Domain case alleging inadequate compensation for demolishing a building to erect a VA hospital, Jackson reluctantly grants 20-day extension for filing cert; counsel’s excuse was that he was busy in the lower courts, but new rule precluding this excuse just went into effect; Jackson requests that the New York Law Journal and the Second Circuit post warnings to all attorneys for future reference (cert ended up being denied anyway, 348 U.S. 875)

Gruner v. Superior Court of California, 429 U.S. 1314 (decided September 3, 1976): reporters ordered jailed until they answered questions as to grand jury sources seek stay of commitment on the ground that there was no “due process hearing” to determine whether jailing them would achieve its purpose of forcing them to cooperate; Rehnquist notes that this argument amounts to “you can’t jail us if we can prove it won’t work!”; denies stay

[John F. Carr]

I thought "you can’t jail us if we can prove it won’t work" was the legal standard for civil contempt. Usually this defense is raised after a long time in custody.

[Magister]

Not working after being jailed for a long time would seem the most reliable proof. I suppose "it didn't work the last time a court tried it" would also be proof. It seems that having a hearing where other proof could be presented would be appropriate.

[Malika the Maiz]

Here’s some background on Gruner:

https://midvalleytimes.com/article/news/2024/08/29/ex-fresno-bee-editor-george-gruner-dies/

And from another source:

“Mr. Gruner is perhaps best known for his role in the “Bee Four” case in which he, two reporters and the city editor went to jail in 1976 to protect the confidentiality of the source of articles concerning grand jury testimony related to a government corruption case.

The “Bee Four” spent 15 days behind bars and never betrayed that confidence.

“We preserved the perception among news sources that, when The Bee gave its word about confidentiality, it kept it,” Mr. Gruner said later. “When we say we will protect them, we will.”

[JoeFromtheBronx]

Someone referenced A Supreme Court Justice is Appointed David J. Danelski about Justice Pierce Butler. I'm reading it now & am finding it interesting. Chief Justice Taft was one major operator.

John Dean's book on "the Rehnquist Choice" was also good.

Justice Ketanji Brown Jackson is promoting her book. She is going to be on Stephen Colbert tonight. She separately said she was okay with a binding ethics code for SCOTUS.

[Sarcastr0]

How engaging are we talking? I've been looking for something about Taft as Justice. He's come off quite badly in all the bios of TR I've read.

[Dan Schiavetta]

He was certainly happier on the Court.

[JoeFromtheBronx]

Chief Justice Taft played a significant role in the nomination and confirmation of Pierce Butler. CJ Taft continued to serve as an important advisor regarding judicial nominations. He also put in significant effort to lobby for support for his candidates.

The book covers such ground in a detailed and generally engaging fashion. He comes off as partisan, particularly thinking progressives are threats to the public welfare. The last section of the book has a more political science feel, less narrative, more analysis.

I don't think his service as Chief Justice, which was only about a decade, is seen as too noteworthy except to the degree he supported court reform. If someone likes the changes he helped bring in that area, he might be seen in a positive light.

[F.D. Wolf]

In November 1972, the ABA Journal rated all the justices of the final incarnation of the Taft Court, who sat together from 1925 to 1930. Holmes, Brandeis, and Stone were rated as “great”; Taft and Sutherland were rated as “near great”; Van Devanter, McReynolds, and Butler were rated as “failures”; Sanford was rated “average”.

[Syd Henderson]

I thought he came across well in "The Bully Pulpit." I think I would like him a lot on a personal level, but he simply didn't have the excitement TR generated. The court reform and the Supreme Court building are his major legacy. (The latter was completed after his death but it was underway while he was Chief Justice.) One of the advantages of being a former President is that he could use that to considerable political effect. I think he and Hughes were far better than the justices immediately before and after them.

[David Nieporent]

…forcing SDOC, who had previously announced her upcoming retirement, to stay on longer.

[Dan Schiavetta]

She already had wanted to retire in 2001 but Bush v. Gore forced her to wait until Bush had been legitimately elected in 2004.

[F.D. Wolf]

Chief Justice Rehnquist was the first justice to die in office since Justice Robert Jackson in October 1954. Since then, of course, Justice Antonin Scalia (February 2016) and Justice Ruth Bader Ginsburg (September 2020) have died in office.

Unsurprisingly, the 51-year gap between the deaths of Jackson and Rehnquist is, by far, the longest between the deaths of sitting justices. The second-longest is between the deaths of Samuel Chase in June 1811 and Henry Brock Livingston in March 1823. (The third-longest is the aforementioned gap between Rehnquist and Scalia).

[Syd Henderson]

One explanation I've heard for Rehnquist sticking it out was that at that point he really didn't have much of an self-identity except as a Supreme Court Justice, much as Strom Thurmond at the end of his career didn't have much of a self-image as other than a senator. Ruth Ginsburg or William O. Douglas are close on the Democratic side.

[Dan Schiavetta]

The big mystery to me, as far as what he personally thought of himself, will always be Souter.