Associate Justice Abe Fortas bid adieu to the Supreme Court, leaving President Nixon with two fewer votes who may have sided along the Warren Court’s activist policies. Fortas’s resignation may have been the talk of the town, but it was all for the good of his health, or rather, for the good of the court. It all started with a measly $20,000 fee from a convicted stock manipulator’s foundation. But hey, everyone deserves side hustles, right?
Any critical opinions, votes, or contributions done by Fortas will be kept on the down-low. His absence may have caused a blow to the Warren Court, but it is a slam dunk for Nixon. After all, he vowed to lead with “strict constitutionalist” judges with a more law-and-order philosophy, so what’s not to love? Resignation seems to be a pattern among justices, and Fortas may be just the first one to buckle.
Fortas passed his resignation letter, and guess who accepted it without a second thought? Nixon, who was preparing for his Vietnam address. Talk about killing two birds with one stone! Fortas promised to stay out of anything related to the court, ensuring that the court won’t face any unpleasant debates about one of its members.
If you think the $20,000 was the end of the story, think again. Fortas planned to create a lifetime fee agreement that would pass to his wife should he ever kick the bucket. How’s that for securing the future? The fee was just the first year of a lifetime of income. Wolfson, the guy who gave him the fee, probably sent him some stuff regarding his problems with the law, which Fortas’s former law firm supposedly worked on. Still, he swears he never took part in legal or judicial matters about Wolfson or anyone associated with him. We believe you, Justice, we really do.
Fortas resigned to end the controversy and spare the harassment of a debate concerning one of the court’s members. Sweet Fortas, always thinking about the court’s welfare and maximum effectiveness. Although he never did anything wrong, the controversy might have taken a toll on him, and he decided it was time to go.
The Justice Department released a two-page statement defending its method of investigating the case and insisting that no deals were made to get Wolfson to talk about his financial relationship with Fortas. Of course, no deals were made. Everything was out of pure goodwill.
The news of Fortas’s resignation spurred reactions from Congress and whatnot, with some suggesting that financial-disclosure legislation for federal judges should be put in place. The question that begs to be answered is, would Fortas have survived if he had been more open in the first place? Maybe he should have disclosed the fee he received to avoid all this trouble. Hindsight is 20/20, as they say.
Fortas’s resignation should have been a personal choice, but it felt like everyone, including the administration, was on his case. The administration was keen on avoiding an impeachment process and wanted to replace “liberal” or “activist” judges with conservative ones. Funny how politics work, right?
All in all, Fortas’s resignation marks the end of a tenure filled with controversy. Let’s bid farewell to the justice with supervisory function over the First Circuit, who just wanted to secure his wife’s future, and accept his resignation with no hard feelings.
Serious News: washingtonpost