The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: November 12, 1975
11/12/1975: Justice William O. Douglas resigns.

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Some non-political YouTube channels I've come to really enjoy:
Angela Collier - physics and science communication.
So much good stuff here
-string theory lied to us and now science communication is hard
-Gell-Mann Amnesia and Michio Kaku
-the postdoc exodus
-physics crackpots: a 'theory'
-what is the radius of the hydrogen atom? (She does the QFT)
--the most important material in science
150 Hour Chocolate Cake by Alvin Zhou all his stuff is a vibe. Just don't expect to actually learn how to cook the stuff or for the timelines to make a lot of sense.
Tasting History with Max Miller We ate some weird stuff back in the day. Tight videos going over how to get the ingredients, cooking the stuff, and then a quick taste test.
Lindsey Ellis just really well produced videos on pop culture stuff. Can get a bit dark.
thanks!
The only YouTube channel I regularly watch is the Ultimate Classical Music Guide by Dave Hurwitz - opinionated, idiosyncratic, funny, and he knows his shit even though you may frequently disagree with him.
I watch a lot of Tom Scott videos, which are frequently fascinating; science videos, including Clint's Reptiles, PBS Eons, PBS Space Time, Jay Foreman/Map Men, and too much else.
If you're at all into modern stuff, "opinionated, idiosyncratic, funny, and he knows his shit" describes this guy: https://www.youtube.com/@pat_finnerty
I'll check him out. FWIW I do occasionally watch Rick Beato, but not regularly.
Meanwhile, check out Hurwitx on Boulez:
https://www.youtube.com/watch?v=h3VDGnxq8sk
Zhou and Miller are a couple favorites of mine as well
my daily hits,
1: "I do Cars": mechanic disassembles failed engines, it's a virtual Engine-Autopsy
2: "ASMR Claudy": if I have to tell you what ASMR is...
3: "Classic MLB1": I've been watching Bing Crosby's copy of the 1960 Game 7 for 2 years now, only in the 7th inning, don't ruin it for me!
4: "Vice Grip Garage": Tennessee mechanic travels to bring decrepit old wrecks back to life (See Bernie Sanders)
5: "Hostages" (the Israeli version) OK, you need Netflix, but you can see the Trailer on the U-tubes
Frank
I'm mostly a NextBigFuture fan. Brian's guilty of a lot of cut and paste, and his editing is terrible, and he's fond of giving crackpots and con men maybe a little more of an airing than they deserve, but he's really good at aggregating science and technology stories.
Winter v. Natural Resources Defense Council, 555 U.S. 7 (decided November 12, 2008): vacating stay of antisubmarine SONAR use by Navy off California shore; strong national security interest and no showing that it actually harms marine mammals (“not a close question”)
Barnhart v. Thomas, 540 U.S. 20 (decided November 12, 2003): laid-off elevator operator was properly denied Social Security Disability; though suffering from heart disease, lumbar strain, etc., was still able to physically do old job; did not meet definition of “disability” and also Chevron deference to finding of SSA appeals board (were there still even jobs for elevator operators?)
Northern Indiana Public Service Co. v. Porter Co. Chapter of Izaak Walton League of America, 423 U.S. 12 (decided November 12, 1975): reinstating Atomic Energy Commission approval of nuclear power plant because AEC's construction of regulation as to distance from population centers was reasonable; notable as the last opinion by Douglas, on the day he retired after his record 36+ years of service (his concurrence notes that the successor agency subsequently revised the regulation to fit facts of the case; “a certain danger lurks in the ability of an agency to mold its regulations to conform to its instant needs”)
Kelly v. Robinson, 479 U.S. 36 (decided November 12, 1986): court-ordered restitution obligation (monthly payments to victim after larceny conviction) is not dischargeable in bankruptcy
The Social Security Administration recently removed over 100 rare jobs from the list it used to deny benefits. You will no longer be told you are not disabled because you could work as a canary breeder. https://blog.ssa.gov/social-security-updates-occupations-list-used-in-disability-evaluation-process/
In 2003 there was at least one full-time elevator operator, who worked at the Sunshine Building in Albuquerque. But I'm pretty sure the job existed just for her; when she retired they installed a modern elevator.
I follow Kareem’s substack. Today's topic headings are:
Kareem’s Daily Quote: The number one person we consistently lie to? Ourselves.
Voters who focused on the economy broke hard for Trump: The main reason many Americans claim they voted for Trump is the economy. But they may have just set fire to their own bank accounts.
Trump’s victory adds record $64bn to wealth of richest top 10: Lots of rich people who backed Trump made millions, even billions, in the day after the election. Greed trumps patriotism.
Biden Apologizes for U.S. Abuse of Indian Children, Calling It ‘a Sin on Our Soul’: I’m proud of a country that admits its past mistakes in an overdue gesture of reconciliation and inclusiveness. Not admitting mistakes is a sign of weakness and insecurity, not strength.
I like the daily quote, captcrisis. It is so true. There is a corollary to it.
The most dangerous person in the world to you, is the face staring back at you in the mirror.
My 401K added wealth the day after the election. Does that make me bad?
I wouldn't go that far. What Kareem is talking about is self-awareness. You become dangerous to yourself if you lack that ability, but other people can do a lot more damage to you than you can to yourself.
My 401K added wealth the day after the election. Does that make me bad?
Not at all. Democrat, Libertarian, and even American Communist 401Ks also went up. Very generous and broad-minded of you to vote for Trump.
The stock market hit a record high a few months ago, under Biden.
you mean yesterday, under Biden.
As usual, the last two Republican administrations left Democrats with massive recessions to fix. And each time Trump has been the one to ride in on a roaring economy and somehow claim it without having done anything to achieve it. But you hillbillies know all this, so I doubt your affection for Trump has anything to do with economics
We can add to that GWB deliberately turning Clinton's surpluses into deficits.
I missed when Congress gave the power of the Budget to the President, got a case you can refer me to?
People have confidence the economy will do well and so pour money into the stock market. To call out billionaires on this is cheesy. I have my doubts on the need of tariffs, but I am not the stock market.
I suppose if she had won, and people had concerns her program to help working people with the pain of inflation, which didn’t exist anymore but her handlers ordered her to commiserate anyway, which was to simply pour more money on them, had driven fears of more inflation, causing the stock market to go down, then those billionairs would be traitorous for selling. Or if it went up, it would be couched in terms of “See? Confidence in her!” rather than greedy effin’ billionaires.
Just like the other side did.
It’s all so tired.
Surprised Parkinsonian Joe didn't say you can't go into a 7-11 if you don't have an Indian accent (what is an "Indian Accent" exactly? "Uggh!!"? "How?") or call someone in the crowd a "Dog Faced Pony Soldier"
Frank
Yes, the apology was last month and was an honorable moment.
His Native American Secretary of the Interior, Deb Haaland, was also a great choice.
Indeed. As Kareem pointed out, Biden is a secure man.
You mean "Secured", can't wait till he gets the Imbecile agents they give to Ex-POTUS's, how long before Sleepy's found wandering around Wilmington in his pajamas?
looks like she got the other 1023/1024's of Senator Poke-a-Hontas's Indian-ness
Love how William O. pulled a Constanza and kept showing up for work, until they changed the locks and reassigned his clerks.
Probably not the worst justice of the twentieth century, or the worst person to be a justice, but certainly up there for both.
but I've heard he was a regular Joe, eating every day at the Y
He replaced Justice Louis Brandeis.
He was replaced by John Paul Stevens
Led Zeppelin's John Paul Jones would have been better
Justice Douglas was a flawed man and justice.
It is easier to cite the positive aspects of his time on the bench, though his public advocacy had some charms, including his advocacy for the First Amendment. Multiple opinions, repeatedly dissents (see, e.g., Poe v. Ullman), honored a right to privacy.
His successor summarized three basic tenets of privacy in Whalen v. Roe by quoting Professor Kurland:
“The first is the right of the individual to be free in his private affairs from governmental surveillance and intrusion. The second is the right of an individual not to have his private affairs made public by the government. The third is the right of an individual to be free in action, thought, experience, and belief from governmental compulsion.”
“Privacy” is a complicated principle involving a broad range of liberties seen as a basic part of freedom from the early days of our country. Douglas’s opinions were from time to time somewhat too blithe about providing legal analysis about privacy.
Nonetheless, he was correct to promote the general principle, his opinions repeatedly better than their reputation.
18th century privacy norms cannot/do not exist in the 21st century.
The govt can review anything Interweb-y.
All main transportation lines, e.g., airports, train stations, highways, etc., are monitored.
$$$ transactions over $10K must be reported.
Safety inspections/audits of any product, taxes, etc.
And I'm not even being paranoid.
Both Trumps lawyers and DANY asked Merchan to delay his immunity motion hearing for a week "to afford the People to access these recent developments".
Trumps lawyers said they would be prepared to make additional submissions to the court "to support DANY's stay request "while DANY decides on their position on the dismissal that is warranted here."
Sounds like Colangelo is coming to terms with the inevitable even if Merchan has not. Colangelo being a DOJ creature as "former Acting Associate Attorney General for the U.S. Department of Justice" is fully aware that he is at a dead end.
I haven't verified it, but the story is too good not to be true. Apparently, Douglas had a heart issue and his doctor told him that sex with his much younger wife could be fatal. Supposedly, Douglas replied: "If she dies, she dies."
Douglas had a pacemaker since 1968. He married his fourth wife in 1966. One news article countered the idea his stroke arose because of damage to the pacemaker due to electromagnetic interference from an airport electronic surveillance device.
https://www.nytimes.com/1975/01/04/archives/court-spokesman-says-douglas-has-improved-and-is-exercising-things.html
At the time of his stroke, he was vacationing in the Bahamas (I think) with his wife. Could have been a Nelson Rockefeller - Megan Marshak situation, albeit not fatal.
Reminds me of this scene from "Private Benjamin":
Grieving mother-in-law at shiva: "What were his last words, honey?"
Judy: "'I'm coming'."