Today in Supreme Court History: October 8, 1888

10/8/1888: Chief Justice Melville Fuller takes the judicial oath.

Chief Justice Melville Fuller

Comments

[Dan Schiavetta]

Nebraska v. Wyoming et al., 325 U.S. 665 (decided October 8, 1945): Original jurisdiction case where the Court confirms the Special Master’s finding in favor of Nebraska as to Colorado and Wyoming diverting too much of the North Platte River before it gets into Nebraska. From the finding, which is detailed as to how much can be diverted when and from where, and how it is to be measured, one can see that the Special Master was bombarded with a mountain of geological and environmental evidence.

Roth v. United States, 77 S.Ct. 17 (decided October 8, 1956): Harlan allows bail ($5,000) for defendant convicted of selling dirty pictures; no claim that he might flee, or continue to pollute the minds of the public, and good chance that conviction will be overturned (though the Court, in one of Brennan’s first opinions, affirmed the conviction, 354 U.S. 476, which the Court overruled in Miller v. California, 1973) (the book at issue, “American Aphrodite”, is available online; like a lot of “obscene” publications from that era, it reads like it was written by bright 14-year-old boys who have never seen a naked woman)

[F.D. Wolf]

Chief Justice Fuller was slight of physical stature, standing about 5'3" in height. (His seat at the center of the bench was raised so he would be at same level as the other justices). He spoke with a soft voice. His striking white mane and mustache made him look vaguely like Mark Twain. His appearance was in stark contrast with his colleagues, most of whom stood over six feet, when he joined the Court. But he quickly won them over with what might be described as quiet firmness. Fuller stressed collegiality on the Court, hosting conferences at his home frequently and instituting the practice whereby justices would shake hands before conferences and before entering the courtroom. He became especially close with Justice Holmes, especially after Fuller's wife of nearly forty years died in 1904. Holmes would call Fuller the greatest chief justice he served under. (Holmes served under Fuller, White, Taft, and Hughes. I suspect few others would rank Fuller at the top of that list.)

[JoeFromtheBronx]

Hughes is probably the best, but Holmes did not spend much time serving with him. Many would class Taft over Fuller but personally and professionally, it is understandable if Holmes favored the latter.

[JoeFromtheBronx]

Oyez.com in part tells us:

"Fuller managed Stephen Douglas's presidential campaign against Abraham Lincoln in 1860; and, he later served in the Illinois House of Representatives for two years. Fuller also maintained a thriving legal practice, specializing in real estate problems."

In one of the oral arguments in Miller v. California, the advocate for Miller talked about "beaver shots" to (according to The Brethren) a mixture of shock and amusement.

One of the most logical approaches for obscenity was Redrup v. N.Y. -- just worry about minors, unconsenting viewers, and pandering (though the line there and normal advertising is sometimes unclear).

Multiple cases involving minors that reached the Supreme Court deserve an asterisk, including one case where a sixteen-year-old was purposedly sent to buy a magazine [see Fortas's dissent in Ginsberg v. New York) and another where a teenager listened to the infamous Carlin monologue with his activist father.

[Dan Schiavetta]

“In one of the oral arguments in Miller v. California, the advocate for Miller talked about “beaver shots” to (according to The Brethren) a mixture of shock and amusement.“

Probably Rehnquist was shocked, Marshall amused.

[JoeFromtheBronx]

The book has Rehnquist (who had a sense of humor) being amused.

Blackmun was uncomfortable watching the films. Powell was shocked at how unseemly they were. Burger was upset when the f-word was said so probably was upset too.

[JoeFromtheBronx]

Analysis: John Roberts remains confounded by Donald Trump as election approaches

https://www.cnn.com/2024/10/08/politics/john-roberts-donald-trump-biskupic/index.html

"Unlike most of the justices, he made no public speeches over the summer. Colleagues and friends who saw him said he looked especially weary, as if carrying greater weight on his shoulders."

Poor thing. He should retire.

[Dan Schiavetta]

He is tired of Trump always going before the Court and having to save Trump's butt every damn time.