Supreme Court retirements
blandsberg at UOP.EDU
Tue Sep 5 09:41:16 PDT 2000
How does Earl Warren fit into this picture? He tried to resign during the Johnson presidency. He was a Republican, though he was also no friend of Richard Nixon. I do not believe he was seriously debilitated in 1968.
>>> Mark Tushnet <TUSHNET at WPGATE.LAW3.GEORGETOWN.EDU> 09/05 6:10 AM >>>
In preparing for a presentation on the campaign and the Supreme Court, I started to wonder about the following question: When was the last time a justice who was not seriously debilitated voluntarily retired during the term of a president from the party other than the one whose president nominated him? Without consulting sources (I know there's a recent book on judicial retirements by Atkinson, I think), I came up with Stanley Reed. (And that may be a special case because of his role in the Court-packing plan; the lore at least is that he retired when he hit the age Roosevelt proposed as the one justifying an additional appointment to the Court.) To avoid confusion: Charles Whittaker fits my criterion of "debilitated" because of his mental state. Have I missed someone?
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