4 Comments
User's avatar
Marla Kirby's avatar

"The contrast with today is . . . striking." Striking indeed. Thomas must resign for the good of the court and the nation. But he won't - he's already shown his contempt for the rules, so he will feel no obligation to, and few (if any) within the GOP will pressure him will do so. He's a powerful reminder that the Republican party is broken and has been broken for a long time.

Expand full comment
J. David Reno's avatar

Thank you for your column. I am old enough to remember the event. I kept trying to figure out what Fortas did wrong, and I am still waiting. He resigned from the court to prevent a purge. He to use a phrase "fell on his sword" for the good of the court. He had a case of his client come to the court. He properly recused himself. If he had ruled on it, that would be improper. A lesson to be learned from those who talk about the politics of the court.

Expand full comment
Margaret's avatar

What did Fortas mean when he said he "resigned to save Douglas?" Did Fortas think that by resigning and opening a seat for a Nixon appointee, the administration wouldn't go after other Justices in order to get an appointee?

Expand full comment
Jack Wells's avatar

I find the use of the word “freeze” to describe a judicial action confusing. Justice Alito called it a “stay”; why don’t you (and many journalists) also call it a “stay”? Calling it a “freeze” implies that it is something different from a “stay”, perhaps that the lower court decision remains in effect until the higher court modifies it. The word “stay” is widely understood; using “freeze” constitutes what Henry Fowler called “elegant variation”, and simply causes confusion.

Expand full comment