Don't Blame Reagan For Today's Court

[liberalpragmatist]

This is a fascinating article I found in a random Google search. It's from a 1989 issue of the National Law Journal and is about how LBJ's machinations indirectly led to a conservative majority on the court.

http://www.uiowa.edu/~030116/153/articles/kaplan.htm

LIBERALS MAY LAMENT the emergence this year of a dominant conservative majority on the Supreme Court. But they shouldn't forget the man partly responsible for the current court's makeup: Arthur J. Goldberg.

Twenty-four years ago, at the cajoling of his political patron, President Lyndon Johnson, the 56-year-old Justice Goldberg resigned from the court to become U.S. ambassador to the United Nations. That move -- let's call it "Goldberg's Goof" -- unleashed a string of events that helped to produce the Burger Court, the Rehnquist Court and a series of appointments that allowed Ronald Reagan to shape the court in his hard-right image.

The Goldberg resignation in 1965 was engineered by the president so that he could name his friend and confidant Abe Fortas to the court. (Justice Goldberg, a liberal put on the court in 1962 by John Kennedy, also believed that he might be in the running for the vice presidency at some point -- a belief that a fair number of other Johnson cronies had in their own minds.) Three years later, when Chief Justice Earl Warren announced that he would resign, President Johnson nominated Justice Fortas to succeed him. But the Senate, by way of a filibuster, rejected him -- in part, because of ethical questions -- and he resigned altogether from the court in 1969.

<snip>

The Fortas debacle meant that Richard Nixon, who narrowly defeated Hubert H. Humphrey for the presidency in November 1968, got to pick the successors to Chief Justice Warren and Justice Fortas (who turned out to be, respectively, Warren Burger and Harry Blackmun). But consider what would have happened if Arthur Goldberg hadn't left...

(cont.)

[Rowdyboy]

1. We're still paying for that little mistake....When LBJ screwed up, he....

screwed up royally.

[WI_DEM]

2. Fortas was a strong liberal on the court too

However, it was balanced when LBJ talked the moderate-conservative Tom Clark into resigning and then nominated Thurgood Marshall.

[calico1]

3. Interesting how we often take blame

and responsibility away from Republicans and put it on our own party members. Johnson did a number of things that were bad but I would not blame the makeup of todays Supreme Court on him alone. That is a bit much, imo. Its not like he was in cahoots with the Republicans. Bush sr. nominated two wingnuts, one of whom is also incompetent. That isn't Johnson't fault. :eyes:

[liberalpragmatist]

4. No, but it's still interesting

I'm not trying to vilify Johnson or anything. I just find it interesting that some ill-conceived machinations indirectly led to a conservative majority on the court.

[calico1]

5. I understand that.

My post was just in general (not directed at you) about people who are quick to blame all the Democrats but don't put any responsibility on Republicans, not just with this issue but with many others. I just get tired of it sometimes. :-(

[AX10]

6. kick