Today in Supreme Court History: September 23, 1971

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

Justice John Marshall Harlan II

 

Comments

[JoeFromtheBronx]

John Marshall Harlan II (portrayed by Christoper Plummer in “Muhammad Ali’s Greatest Fight”) was John Marshall Harlan’s grandson. The first Harlan supported the incorporation of the 14A.

The second Harlan (whose father was John Maynard Harlan) did not. He did have a broad view of due process. His seminal opinion, which reached establishment-level acceptance (though maybe not anymore) akin to Brandeis’s Olmstead dissent) was Poe v. Ullman (privacy/marital usage of contraceptives).

It proclaimed an evolving reach of “liberty.” Harlan challenged (in his view) the faux restraint of Justice Black, especially regarding the “one person, one vote” cases. See also, his concurrence in Griswold v. Connecticut.

Poe was largely written by his law clerk, Charles Fried. Fried near the end of his life stated he now supported Roe v. Wade. Those who find Griswold too thin should read Douglas and Harlan’s dissents in Poe v. Ullman along with White and Goldberg’s concurrences in Griswold.

https://reason.com/volokh/2021/11/30/charles-frieds-hat-and-sweater

(He was at least partially right about the law regarding the Affordable Care Act; SCOTUS like Homer nods regularly.)

Blackmun sneers at Kennedy’s use of “dignity.” Dignity has long been a basic principle in the law, including constitutional law. It is an important aspect of multiple amendments. Being [insert bad word], he finds it tedious to read about it.

[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)

[Sarcastr0]

Counterprograming the Open Thread with fun, fuzzy, nonpartisan, frivolity.

The best Fast and the Furious movies, in order:

5
3
7
1
9
6
10
4
2
8

It was a fun series. But I knew it was something special when the fourth movie came out, and the pacing screeched to a halt so characters could one by one have a discussion with Dom about how they fit in the continuity. This was a movie with ambitious well beyond it’s genre and budget etc. It would either reach new heights or crash into a cult classic.

It did the first. Gave rise to a Pulitzer for criticism:
https://www.indiewire.com/news/general-news/film-critic-wesley-morris-wins-the-pulitzer-prize-130028/

[JoeFromtheBronx]

I am fine with a fun series but am not a fan of that one.

Vin Diesel was in "Find Me Guilty," which is blog relevant too.

Michelle Rodriguez was also good in "Girlfight."

[Sarcastr0]

Vin Diesel is a prime example of low-ability but the camera finds him compelling.

Michell Rodriguez never did it for me, but I never find her unbelievable in the narrow range she plays. It’s good to know your limits. (See: Robert Redford in The Great Gatsby).

I find the series' transition from stealing DVD players to International car-based peacekeepers to be a fun trip.

[SRG2]

I disagree about Vin Diesel's low ability. He was the best actor in Boiler Room, for example. It's just that most of the films he's in don't require anything more than brawn and the occasion delivery of a line.

The younger Vin Diesel would have been perfect casting as Gully Foyle for a film of Bester's "The Stars My Destination":