I’m tired of reading the same old names (Cardozo, Warren, Harlan) on case after case after case and not having an identity to attribute to keep them straight. Also, SCOTUS is super cool because it wields such enormous power over our lives and it can be our refuge from the executive branch (HEM HEM HEM) or it can be its evil right hand, so it’s important to know who these people are. This book does a fantastic job of bringing up interesting tidbits from their lives/career significance. (The rest will just be interesting things about each justice, so may not be of use to you if you’re trying to decide if you should read this).
So. Without further ado, may I present… the justices.
John Jay. He’s the 18th century equivalent of those white people who say “I’m not racist! I have a black friend!” but then whine about how the only reason they didn’t get into XYZ school was because of affirmative action and “reverse racism.”
John Marshall. He’s The Supreme Court Chief Justice To End All Others. Also, such a ragamuffin that his own neighbor thought he was a servant and tossed him some change (he quietly took it and didn’t say anything). He made all the other justices move into one big frat house, where they got drunk and played drinking games literally all the time, including while hearing cases if the weather annoyed him enough. He could jump six feet in the air. Basically, he’s Batman and Robin Hood and Jesus. Moving on.
John Rutledge. By the time he became chief justice, he was a raving lunatic, so they kicked him off toute de suite. Then he tried to kill himself. Didn’t work, but he spent the rest of his life hermiting.
Roger Taney. Raging racist. You’ve heard of Dred Scott? Yeah, that was this guy. He and Lincoln hated each other. First Catholic. His dad killed a guy at dinner one time. Oh, and he scammed the US out of some money when he was secretary of the treasury.
Salmon Chase. Governor of Ohio. Not super clever, but real nice guy. Big abolitionist, and appointed the first black attorney to argue before SCOTUS. Wanted to be a president, had no interest in the Supreme Court. Was also secretary of the treasury, and was responsible for the first federal currency. (Note: Chase National Bank is named after him, curiously). He also put “In God We Trust” on the money. He and Lincoln had the weirdest relationship. Chase is gunning for his job, but Lincoln bestows the job of secretary of the treasury on him. Chase RUNS AGAINST Lincoln, his boss, on re-election. Lincoln pretty much thinks he’s adorable and a political toddler and just the cutest little pufferfish, and inexplicably appoints him chief justice. Cute story: he was always defending fugitive slaves in Ohio, so a group of poor black churchgoers pooled their resources and presented him a silver pitcher. He pointedly used that pitcher to serve lemonade to pro-slavery visitors to the governor’s mansion. Snaps to Chief Justice Chase.
John Marshall Harlan I. Wrote the great dissent to Plessy v. Ferguson (the case that said “separate but equal facilities for different races is okay”) but only an abolitionist for political reasons. Also, hated Chinese-Americans.
Oliver Wendell Holmes, Jr. Oh, Oliver. I live in Boston atm and Bostonians (especially Bostonians at law school) loooooove to talk about their Oliver. He seems really annoying, and belonged to that pretentious Victorian upper class whose members called themselves the Boston Brahmins. Besties with Henry James, whom I adore, so he gets extra credit for good taste. Actively hates humanity, à la Jonathan Swift. Supreme Judicial Court of MA judge, who Roosevelt appointed to SCOTUS. Big oops. Roosevelt later said he “could carve out of a banana a judge with more backbone” than Holmes. Thought social reform was for losers (literally said “Doesn’t this squashy sentimentality of a big minority of our people about human life make you puke?”) and if you’re in an oppressed minority, sucks to suck but it’s not his problem and the world never changes anyway. The only thing he thought worthwhile was war. And he’s a eugenicist. Basically, Ollie was tiresome af. His dad was dope though: founded the Atlantic magazine, coined the word “anesthesia,” huffed ether all the time, and inspired the character of Sherlock Holmes. Fun fact: the skivvy old geezer was impotent (which is unfortunate given his wife’s name: Fanny Dixwell).
Charles Hughes. Type A. Hermione Granger. Moderate, sane. Normal, introverted.
James McReynolds. Arguably the biggest dick in SCOTUS history. Arrogant, racist, and sexist. He’s like the human Disneyland of bigotry. (Small wonder none of his fellow justices even went to his funeral). Opposed the New Deal and worker’s comp. His nickname was Scrooge. There was a lot of political disagreement from 1910-1940 but what they all agreed on, no matter what party they belonged to, was that McReynolds was a selfish, boorish, prejudiced piece of shit. One SCOTUS justice quit after 6 months because he couldn’t work with McReynolds another day. People literally said that McReynolds was living evidence that a loving God doesn’t exist. When (the first Jewish justice) Brandeis was appointed, McReynolds didn’t speak to him for three years. Mind you, they worked together all day, every day. And McReynolds would stand up and walk out of the room whenever Brandeis spoke. And he referred to him as “the Orient.” When the second Jewish justice was appointed, Cardozo, McReynolds read a newspaper during the ceremony. And covered his face whenever Cardozo read an opinion. When the third Jewish justice (Frankfurter) was appointed, he actually uttered the words “My God, another Jew on the court!” and skipped that ceremony altogether. But don’t worry guys, McReynolds didn’t just hate Jews. He hated black people at least as much (“ignorant, superstitious, immoral”), Germans to a lesser extent, and women as well. (When female attorneys appeared before the court, he whined, “I see the female is here again” when he wasn’t denying them hearings altogether or walking out of the room when they spoke). He also hated smokers, wrist watches on men, and red nail polish on women. Plus, he was a hunter.
Louis Brandeis. The ACLU, in human form. Ice cream addict, whimsical guy.
William Howard Taft. Another Ohioan! Hello, compatriot. Accidentally became president when all he really wanted was to be on SCOTUS. Which he later got.
Benjamin Cardozo. Only served for a few months, but he left his mark. Writes weird opinions and uses words strangely. Hates Italians and Japanese. His bestie, Learned Hand (who spawned the infamous Hand formula) suggested Cardozo died a virgin and implied he was gay. Fun story: he got seasick on a boat, and another justice asked if he could do anything to help. Cardozo quipped, “Yes. Overrule the motion.”
Hugo Black. Self-described hillbilly from Alabama and a member of the KKK (in fact, he was the “Kladd” of his “Klavern” aka leader of his local chapter or something. God give us all the eloquent wordsmithery of white racists). Believed in the absoluteness of freedom of speech. Big on the doctrine of incorporation (that is, that the Bill of Rights should apply to state as well as federal governments). Filibustered a bill to outlaw lynching (ARE YOU KIDDING ME) and tried to take away black Americans’ right to vote. And he wrote the infamous Korematsu opinion upholding the incarceration of Japanese Americans in concentration camps (for make no mistake, that is what they were). Thought gays would ruin America. When his wife died, married his secretary who was half his age. On the other hand, he voted in favour of Brown v. Board of Education and as a result had to wear a bulletproof vest when he visited his native Alabama, which passed a law refusing to allow him to be buried anywhere in the state.
Felix Frankfurter. A self-contradictory guy. Founded the ACLU (literally), but is responsible for compelling schoolchildren to say the pledge of allegiance, even if this violated their religious beliefs. Believed in judicial restraint (as opposed to judicial activism). Seems cute and peppy in a zany old grandfather with a bitchy streak kind of way. Anti-government surveillance, possibly because the US government had once considered him a communist and eavesdropped on him all the time.
William Douglas. Fucked around, drank a lot, off his rocker in the best way possible (thought trees and rivers should be allowed to sue if they felt threatened by overdevelopment: “The voice of the inanimate object should not be stilled!” Sierra Club v. Morton.). As a child, worked as an errand boy for brothels (I have so many questions). Hated rich people, big business, and The Establishment. Wore a cowboy hat and called his law clerks “the lowest form of human life” (unsurprisingly, they called him “shithead” behind his back). Nixon h a t e d him and tried/failed to impeach him for all his sexy times with his secretaries. Frankfurter thought Douglas was the worst person he’d ever met. Total flaneur (hiked the Appalachian Trail, a personal dream of mine) and a cheerful liberal (voted with the majority to legalize abortion in Roe v. Wade). I like this guy. Strangely, best friends with the awful Black? I don’t understand this.
Frank Murphy. Like Cardozo, also probably a virgin, also probably gay. Lovely dissent in the horrible Korematsu decision, and anti-capital punishment. Serious Irish Catholic. Like dancing and riding horses. Didn’t smoke, drink, or have coffee/tea, and ate lots of fruits and veggies. But only really liked Jews when they were the underdog. Moralistic.
Robert Jackson. Never went to law school; took sabbatical from SCOTUS to serve as the US’s chief lawyer in the Nuremburg Trials. Hated Black and Douglas.
Earl Warren. Another curiously contradictory guy. Had random af pets like eagles, burros, and sheep. Dad was bludgeoned to death, murder still unsolved. As AG of California, he was super anti-Communist and spearheaded the internment of Japanese-Americans in concentration camps. Later majorly regretted this. Later led the Brown decision. Super humble- when he saw people in the hallway he’d say things like “My name is Earl Warren, what’s yours?” ...As Chief Justice of the Supreme Court of the United States of America. Adorable. Frankfurter, he of maximum judicial restraint, wasn’t a fan, though; Warren pretty much just followed his heart on the bench.
John Marshall Harlan II. Grandson of John Marshall Harlan I. RBG’s hero. Super, super dignified guy, pornos excepted. Allies with Frankfurter. Major federalist. Friends with Douglas and Black. Amazing legal mind. Wouldn’t even vote in presidential elections because he was super obsessed with the separation of powers. Strangely enough, of all people, JMHII was the one to arrange screenings of porn films in the SCOTUS basement “to help justices define obscenity.” Mmhmm. I’ll roll with that. When, in his old age, he was blind, he relied on his friends among the justices to narrate, and exclaimed “You don’t say! By George! Extraordinary!” as he heard about the sexual gymnastics.
Potter Stewart. Mostly known for saying of pornography, “I know it when I see it.” And indeed, he would know; he had served in Casablanca in the Navy during WWII and spent hours of watching porn with his shipmates. He called this his “Casablanca Test.”
William Brennan. The most liberal judge in SCOTUS history. Pro-workers’ rights. Called the McCarthy trials “Salem witch hunts.” Humble, funny, friendly. Short and leprechaunish, he greeted his fellow justices with “Hiya, pal!” Judicial activist to the max. Anti-capital punishment. Best friends with Warren. Frankfurter (judicial restraint) wasn’t a fan. Thurgood Marshall and Brennan were basically the same person, rarely ever voting apart; clerks called them “Justice Brennan-Marshall.”
Byron White. Played in the NFL, no judicial experience, but he was one of JFK’s school buddies. Weirdly conservative for a JFK nominee. Voted against the Miranda requirement and against Roe v. Wade. Voted (in the majority) to uphold Georgia law criminalizing anal and oral sex.
Abe Fortas. Knew how to work connections to get the jobs he wanted. Socially liberal, economically conservative (in accordance with LBJ’s wishes). Accepted some shady bribes, which led to his resignation, but overall seems quirky and endearing. Called Justice Black out on his racism, too. Black obviously wasn’t a fan.
Thurgood Marshall. First black justice. Why the fuck is every SCOTUS justice named Marshall? As a lawyer, he argued the Brown case before SCOTUS. Prankster, womanizer, drinker, dancer, partier. Big liberal, and Brennan’s bestie. Loved Days of Our Lives. Originally named Thoroughgood, decided to cut it down. Called Burger an “enigma” and preferred his successor, Rehnquist, who, though they disagreed, Marshall respected for his conviction. Loved smoking and drinking. When asked if he had a problem with alcohol, Marshall said, “Hell yes. Not enough! Not enough to go around!” My BOY.
Warren Earl Burger. (Note: not the same as Earl Warren. Fuck these names.) Super wishy-washy, rarely came prepared and constantly changed his answers. Wildly pompous, self-aggrandizing, etc. Desperately wanted to wear the white wigs like British judges. Compared gay sex to rape, and gay men to Jack the Ripper. Fond of gun control. One of the most unpopular justices of all time.
Harry Blackmun. Basically synonymous with Roe v. Wade, since he authored the sweeping decision. A humble introvert. Childhood friend of Burger’s, like best friends. They grew up six blocks apart, had double dates, and Blackmun was best man at Burger’s wedding. Blackmun was initially a conservative, too; however, after Roe, he came to be known as a liberal (supporting affirmative action and privacy rights, and changing his position on capital punishment). The decision ruined their friendship and Blackmun refused to attend Burgur’s funeral. For 20 years, drove a bright blue Volkswagon Beetle, and specified that at his funeral, his ashes be carried to the cemetery in the front seat of his Beetle.
Lewis Powell. Extremely moderate conservative, polite, gentlemanly, dignified, sensible, if outmoded. Refused to swear. Homophobic, but I almost can’t mad at him, because I feel like my sweet, friendly grandparents would be saying the same things. And he later changed his answer in the Bowers case criminalizing sodomy, as well as his rulings supporting capital punishment.
William Rehnquist. Briefly dated Sandra Day O’Connor in college. Anti-civil rights. But he’s considered an effective chief justice and was well-regarded by his co-workers. Loved gambling; played poker and arranged betting pools on sports, the Kentucky Derby, and presidential elections. Heavily addicted to sedatives (Placidyl and Valium), which caused him to slur his words and forget things. Ten years into his term, he checked himself into a hospital, where he reported hearing voices saying they were going to kill the president. Rehnquist then tried to escape through the lobby in his pajamas. Later kicked the habit. Showed up to Clinton’s impeachment in robes inspired by a Gilbert and Sullivan operetta. Name means “reindeer twig.”
John Paul Stevens. (Still alive, but retired.) Walked to the beat of his own drum. Dad was a big-time embezzler. Pro-capital punishment, anti-affirmative action, pro-choice, pro-gay rights. Loves silk bow ties, never clip-ons (and sometimes mentions them in his opinions). Loves to quote his other opinions. Has a private jet, so he’d often leave DC and work from his Florida condo.
Sandra Day O’Connor. (Still alive, but retired.) First lady on SCOTUS. Grew up on a cattle ranch and had a pet bobcat. Moderate conservative. When her dad met her future husband, he castrated a bull in front of him, skewered the testicles, cooked them up, and fed them to him (he accepted gamely).
Antonin Scalia. (Died.) Avid hunter, obviously. Conservative, Republican, originalist (Constitution was written a certain way and we must read it literally and narrowly and not update it with the times). Anti-choice, pro-religious expression, pro-PATRIOT act. Rude to lawyers who come before SCOTUS. Italian Catholic with 9 kids (which he described as “playing the Vatican roulette.”)
David Souter. (Retired, but still alive) Pining for the pre-technology age, he writes his opinions with a fountain pen. Very nice to old ladies. Apparent conservative, but ended up voting liberal on lots of cases, another major swing vote (such as in Planned Parenthood v. Casey, reaffirming Roe v. Wade). Likes nature. Extremely good mimic. Everyone who knows him agrees he’s from another century. Unmarried, there are (as yet unfounded) rumors that he, too, is gay.
Anthony Kennedy. (Current.) Super straight arrow, so much so that his own father ofered him $100 if he would do something illegal (so he dropped a piece of gum off the Washington Monument as a teenager). Skinny nerd. During college, his dad gifted him with a bottle of whisky… which Kennedy then gargled to soothe a sore throat. A major swing vote in SCOTUS. Loves citing foreign court opinions, as well as Shakespeare’s Hamlet. Pro-gay rights, anti-capital punishment, but otherwise moderate conservative.
Clarence Thomas. (Current.) Second black SCOTUS justice. Once joined a Catholic seminary, but after hearing classmates cheer at the death of Martin Luther King, Jr., quit. Had a serious drinking problem. Big fan of Ayn Rand (lol) and forces new staff members to watch the movie version of The Fountainhead during lunch hours. Peed in a coke bottle in college and famously declared “Somebody put a pubic hair in my Coca-Cola!” (This would come back to bite him in the ass during his SCOTUS nomination). Also during that nomination, when asked if he had ever used illegal drugs, he (this is spectacular) said “I don’t know.” Anita Hill accused him of sexual harassment and porn addiction, still unclear whether that was accurate, but either way he tore her apart in his memoir. Grew up speaking Geechee, not English, which is why he frequently stays silent during oral arguments. Hates the NAACP. His Corvette’s license plate reads “REZ IPSA” (as in “res ipsa loquitur”).
QueenRuth Bader Ginsburg. (Current.) AKA the Notorious RBG. Second woman, and first Jewish woman. Loves opera, and, in spite of diametrically opposed viewpoints, is close friends with Scalia. They regularly attend the opera together. Likes classic movies, horses, water skiing, and gulf. Speaks fluent Swedish. Gets “giddy” after one glass of wine.
Stephen Breyer. (Current.) Arrested once while in undergrad at Stanford for underage drinking. Moderate liberal. Terrible writer. Amateur architect who helped design Boston’s new federal courthouse.
John Roberts. (Current chief justice) He was *literally* that kid who fucked up the curve. Just unnecessarily overachieving. Moderate conservative. Super dadcore. He probably makes dad jokes and wears ugly jeans at home.
Samuel Alito. (Current). Scalia’s ideological twin (hence his nickname “Scalito”). Really conservative. Teetotaling, wet blanket in college. Anti-choice and and anti-affirmative action. Criminal hard-ass, big on national security, thinks little of privacy rights.
[Sonia Sotomayor and Elena Kagan are not included, as the book was published in 2009, the same year Sotomayor was appointed and 2 years before Kagan].
And now for the real question: WHO’S NEXT?