Flashback to May 15

American History

1969

Associate Justice Abe Fortas resigns from US Supreme Court.

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On May 15, 1969, a significant event occurred in the history of the United States Supreme Court. Associate Justice Abe Fortas, who had served on the court since 1965, tendered his resignation. This unexpected move sent shockwaves through the legal and political spheres, as Fortas was known for his progressive views and close association with President Lyndon B. Johnson.

Fortas was appointed to the Supreme Court by Johnson, who hoped to shape the court’s ideology and advance his domestic policy agenda. However, Fortas’ tenure on the court was marked by controversy and allegations of ethical misconduct, ultimately leading to his resignation.

One of the key reasons for Fortas’ resignation was his association with a financial scandal. It was revealed that Fortas had received a substantial fee from the family foundation of Wall Street financier Louis Wolfson. The payment was for a series of lectures that Fortas had delivered even before joining the court. However, this close financial relationship raised questions about Fortas’ impartiality and led to a loss of public trust.

Furthermore, Fortas had been criticized for his liberal rulings and advocacy for expanding the scope of individual rights. Conservatives and some legal scholars felt that his decisions were overly activist and disregarded the original intent of the Constitution. This criticism became more pronounced after Fortas was nominated by Johnson to become the Chief Justice of the Supreme Court, a nomination that ultimately failed due to strong opposition in the Senate.

The resignation of Fortas had far-reaching implications for the Supreme Court. It highlighted the importance of maintaining impartiality and ethics on the bench, and it served as a reminder that even justices are not immune to scrutiny and accountability. Fortas’ departure also created a vacancy on the court that needed to be filled, leading President Richard Nixon to nominate conservative Judge Clement Haynsworth as Fortas’ replacement. However, Haynsworth’s nomination was subsequently rejected by the Senate, further intensifying the political battles over judicial appointments.

Associate Justice Abe Fortas’ resignation from the US Supreme Court on May 15, 1969, was a significant event that raised concerns about ethical misconduct and individual bias among justices. Fortas’ close association with President Lyndon B. Johnson and the financial scandal surrounding his actions undermined public trust in the court’s impartiality. This event also sparked a larger debate over the role of the judiciary in shaping public policy and the need for justices to maintain integrity and independence. As the Supreme Court continues to play a pivotal role in the American legal system, the lessons from Fortas’ resignation remain relevant, serving as a reminder of the importance of holding justices to the highest ethical standards.

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